Bill C-474 (Historical)

Federal Sustainable Development Act

An Act to require the development and implementation of a Federal Sustainable Development Strategy and the development of goals and targets with respect to sustainable development in Canada, and to make consequential amendments to another Act

This enactment provides the legal framework for developing and implementing a Federal Sustainable Development Strategy that will make environmental decision-making more transparent and accountable to Parliament.
The enactment gives a committee of the Queen’s Privy Council for Canada responsibility for overseeing the development and implementation of the Federal Sustainable Development Strategy. It also provides for the creation of the Sustainable Development Office to develop and maintain systems and procedures to monitor progress on implementation of the Strategy and for the creation of the Sustainable Development Advisory Council to offer the Government of Canada advice on the Strategy.
It requires certain departments and agencies to develop and implement sustainable development strategies that contain objectives and action plans for each department and agency, that comply with the Federal Sustainable Development Strategy and that contribute to the attainment of the Strategy’s objectives.
It also amends the Auditor General Act to give the Commissioner the mission to monitor the progress that these departments and agencies make in implementing the Federal Sustainable Development Strategy and to assess the Sustainable Development Office’s report of the implementation of the Strategy. As well, it sets out the Commissioner’s powers and obligations.

National Sustainable Development Act

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

moved that Bill C-474, An Act to require the development and implementation of a National Sustainable Development Strategy, the reporting of progress against a standard set of environmental indicators and the appointment of an independent Commissioner of the Environment and Sustainable Development accountable to Parliament, and to adopt specific goals with respect to sustainable development in Canada, and to make consequential amendments to another Act, be read the second time and referred to a committee.

Mr. Speaker, it is with pride and pleasure that I rise to introduce and support Bill C-474, An Act to require the development and implementation of a National Sustainable Development Strategy.

Last October, the federal environment commissioner tabled a report that criticized the government for having no overall sustainable development strategy, no targets, no standard set of indicators and no rigorous reporting schedule, in short, no accountability on the environment.

The government responded by committing to a year long study by the same department, Environment Canada, that failed in the first place. In this timeframe, we could imagine this going beyond a future election. The department that failed to get other departments to fulfill their obligations on sustainable development is now being asked to figure out why.

The government's response is insufficient given the growing concern among Canadians for the environment. We have to do better and we must do it faster. That is the purpose of the bill I am introducing today at second reading, Bill C-474.

Back in 1995, the previous Liberal government responded to the demand for a stronger environment policy by introducing major changes to the Auditor General Act that required all federal departments to produce sustainable development strategies every three years.

By the time the third set of strategies was tabled in 2004, however, it had become clear that they were becoming little more than bureaucratic exercises that were not integrated and that accomplished precious little.

As a result, the then environment minister, now the Leader of the Opposition, was tasked with bringing the strategies together under one coherent umbrella and producing a single national sustainable development strategy by mid-2006, as the commissioner has documented in his latest report.

The hope was that a single overarching strategy would ensure that a clear set of goals and targets, reported regularly, would make government more accountable to Canadians and deliver better results. Unfortunately, the current government allowed the fourth set of departmental strategies to be tabled last year, almost a year after it was elected, with many of the same flaws that existed before.

Even the previous environment minister of the government expressed her concern, noting:

When you look at the sustainability reports that we just released, they clearly do not have rigorous reporting. You'll see, when you read them. The language is vague. We just do not have the level of accountability around any commitment to actual results or benchmarking or targets.

That is what the previous commissioner of the environment is reported as saying in the The Ottawa Citizen of December 15, 2006.

The current Parliamentary Secretary to the Minister of the Environment seconded that, agreeing in The Hill Times, as reported on November 5, 2007, that “it's crucial to have a strategy” and that it is “crucial that the Conservative government now come up with a sustainable development strategy” to ensure departments are held “accountable”.

Therefore, we have agreement on both sides of the House about the unsatisfactory nature of the current sustainable development requirements and their reporting.

Planning for the next set of departmental strategies will begin in approximately one year, but we cannot afford to allow another disjointed bundle of departmental reports to appear in two years. We need to fix the framework now.

There is a better way.

Canada should take its cue from countries such as the United Kingdom and Sweden, which by law require the production of a national sustainable development strategy, with clear goals and objective reporting. The results speak for themselves. Both the United Kingdom and Sweden perform much better environmentally than Canada in international comparisons.

Canada could be an international leader by adopting a similar legal framework. That is why I am introducing a national sustainable development act in the House of Commons that would usher in a new era of environmental accountability in Canada.

The act would legally require the government to develop and implement a robust national sustainable development strategy for Canada. This strategy would be monitored using a standard set of accepted environmental indicators by a fully independent commissioner of the environment and sustainable development reporting directly to Canadians. There would be no smoke, no mirrors, just the straight goods.

Before examining the bill in greater detail, I would like to acknowledge as a source of the bill the work of the David Suzuki Foundation. In January 2007 the foundation published a report: “Toward a National Sustainable Development Strategy for Canada: Putting Canada on the Path to Sustainability within a Generation”. We have worked closely with the foundation in drafting the bill. I thank its members for their help.

I would also like to recognize the work of The Natural Step, an organization formed in Sweden, with a significant presence here in Canada, in shaping the sustainable development goals outlined in the bill.

Three of the key principles of The Natural Step underlie our sustainable development goals and we state them in the bill under subclause 5(1):

The Government of Canada accepts the basic principle that, in a sustainable society, nature must not be subject to the systematic increase of:

(a) concentrations of substances extracted from the Earth’s crust;

(b) concentrations of substances produced by society; and

(c) its degradation by physical means.

Those are the principles that we have incorporated in the bill which we recognize as coming from The Natural Step.

The goals themselves on which these principles are based are listed in subclause 5(2) in paragraphs (a) to (f).

The Government of Canada therefore adopts the following goals for Canada with respect to sustainable development:

(a) Canada should become a world leader in

(i) living in a sustainable manner and protecting the environment,

(ii) making efficient and effective use of energy and resources,

(iii) modifying production and consumption patterns to mimic nature’s closed-loop cycles, thus dramatically reducing waste and pollution,

(iv) reducing air pollution and achieving air quality standards necessary to eliminate human health impacts, and

(v) exercising good water stewardship, by protecting and restoring the quantity and quality of fresh water in Canadian ecosystems;

Among the goals, the bill goes on to say, are that:

(b) Canada should move to the forefront of the global clean-energy revolution;

(c) Canadian agriculture should provide nutritious and healthy foods, while safeguarding the land, water and biodiversity;

(d) Canada should become globally renowned for its leadership in conserving, protecting and restoring the natural beauty of the nation and the health and diversity of its ecosystems, parks and wilderness areas;

(e) Canadian cities should become vibrant, clean, livable, prosperous, safe and sustainable; and

(f) Canada should promote sustainability in the developing world.

How do we do this? Clause 6 proposes changes to the machinery of government in subclauses 6(1) and 6(2).

Subclause 6(1) states:

The Governor in Council shall appoint a Cabinet Committee on Sustainable Development, chaired by the Minister, to oversee the development and implementation of the National Sustainable Development Strategy.

The minister referred to is the Minister of the Environment.

Subclause 6(2) states:

The Governor in Council shall establish a Sustainable Development Secretariat within the Privy Council Office to support the activities of the Cabinet Committee on Sustainable Development.

In other words, within the heart of the government at the cabinet level there needs to be a cabinet committee whose constant, unwavering focus is on a sustainable development strategy, and that cabinet committee needs the support of a sustainable development secretariat within the Privy Council Office.

Our previous sustainable development strategy has failed because of a combination of a lack of political will and a lack of bureaucratic support.

Clause 7 of the bill envisages the creation of a sustainable development advisory council and suggests a proposed membership representing a variety of Canadians.

Clause 8 outlines the process for actually creating a national development strategy:

8(1) Within two years after this Act comes into force and within every three-year period thereafter, the Minister shall develop, in accordance with this section, a National Sustainable Development Strategy based on the precautionary principle.

(2) The National Sustainable Development Strategy shall set out

(a) targets for the short term (1 to 3 years), medium term (5 to 10 years) and long term (25 years) to dramatically accelerate the elimination of all environmental problems, including targets with respect to each item listed in column 2 of the schedule;

(b) the implementation strategy for meeting each target, which may include, but is not limited to,

(i) caps on emissions, by sector and region that are consistent with the targets,

(ii) economic instruments, such as emission trading systems with a declining cap,

(iii) penalties for non-compliance,

(iv) ecosystem-based management, and

(v) full cost accounting;

(c) the timeline for meeting each target; and

(d) the person who is responsible for implementing the strategy.

In other words, we are trying to capture all parts of the system.

Finally, subclause 8(3) states:

The Minister shall submit a draft of the National Sustainable Development Strategy to the Sustainable Development Advisory Council, the Commissioner,--

That is the commissioner of the environment.

--the relevant Parliamentary committees,--

It is very important that there be feedback.

--the relevant stakeholders and the public for review and comment, for which the Minister shall allow a period of not less than 120 days.

After a process further outlined in the bill involving the cabinet committee on sustainable development, the national sustainable development strategy will be tabled in the House and the Minister of the Environment will make regulations prescribing caps and targets referred to in the strategy. Subsequently, all government departments will develop plans consistent with the strategy.

Clause 13 stipulates that the Commissioner of the Environment and Sustainable Development shall monitor the effectiveness of the strategy and issue every year “a sustainability monitoring report”.

These are the broad elements of Bill C-474. I should also mention an important schedule, which is attached to the bill, describing in column one the goal and in column two the items relating to that goal. These goals and items are driven by and derive to some extent from the successful model of Sweden's environmental quality objectives.

Here are some examples of goals outlined in the schedule.

For example, the whole notion of “generating genuine wealth” is the goal. In order to do that, we need a new kind of index, one which will allow us to measure genuine wealth as opposed to that which is based on driving the environment down.

The second goal is “improving environmental efficiency”. How do we do that? Column two suggests that we might focus on energy consumption, materials consumption and water consumption.

Goal three is “shifting to clean energy”, which, by logic, makes us think that we must focus more on non-renewable energy as the item proposed.

Goal four tells us how we must focus on reducing waste and pollution and covers a wide variety of things, including greenhouse gases.

With this outline, the question is whether the Prime Minister and the government, who have criticized our inability to report on sustainability, will stand in the way of Bill C-474 or allow speedy passage of this bill.

Canadians are clearly demanding action on the environment. We have lost almost two years now under the Conservative government. It is now Canada's turn to show the same leadership that the United Kingdom and Sweden have in adopting their own versions of the sustainable development act I have introduced.

Having a new environmental accountability framework in place early in the new year would ensure that government departments would have enough time to adjust to the new regime before planning gets under way again next fall. We owe Canadians nothing less.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, I would like to take this opportunity to set the record straight. I notice that the member, in his last few comments, compared our government to the U.K. and Sweden, but he did not compare the current government with the past government and for good reason.

The report that he is referring to on sustainability from the Commissioner of the Environment goes back 10 years. Let us take a look at some of the comments that were made in the last 10 years.

In the 1998 report, it said that almost all departments failed to establish the clear and measurable targets and that the lack of benchmarks needed to be dealt with quickly.

For example, in the 1999 report, it said, “The Commissioner is concerned that federal departments have not laid the groundwork needed to reliably achieve the sustainable development goals they set for themselves in 1997”. The report also pointed to a “lack of coordination among departments”.

In the 2002 report, it said, “The government has yet to provide a clear picture of what a sustainable Canada would look like 20 years from now. The federal government's sustainable development strategy after five years and two generations of strategies still fall short”.

If we look at the 2005 report, it said that the federal government had failed to provide departments with the direction they needed to coordinate their sustainable development strategies.

These are just several examples of reports that were issued by the Commissioner that he is referring to and laying at the feet of this Conservative government when in reality there was no plan that we had. We had to start basically from scratch when it comes to dealing with this.

So, how can the hon. member stand in this place and accuse the minister and accuse the Conservative government of not having a plan when, clearly, in 1998, 1999, 2002 and 2005, it was the Liberal Party that was in charge of the sustainability?

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

Mr. Speaker, I want to thank the member for making the case for the need of a new bill. Clearly, we tried, starting in 1995, to do this. We went through several iterations. The then minister of the environment, the now Leader of the Opposition, tried his best to pull this together in one coherent fashion. That is why we need a new bill to get it done.

The previous Conservative minister of the environment endorses the concept of doing something different. The current parliamentary secretary has said the same thing. He recognizes that this is not working. We all recognize this is not working.

And so, when it is not working, what we need is a firmer legislative framework to get the job done. That is why we are introducing the bill. So, every criticism that the member has made, I actually support and that is why we need Bill C-474.

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

Mr. Speaker, it was interesting to hear from the last speaker, one of the Liberal critics on the environment, saying that the reason why we need this is because we did not get it done. I just want to let him know that there was an election almost two years ago and things have changed in the House. We now have a government that is getting it done.

There is no doubt, in light of the actions already taken by this government, from the management of toxic chemicals to the protection and preservation of sensitive lands, to improving our air quality, to taking action on climate change, that we are committed to delivering a safe and healthy environment for Canadians.

I appreciate therefore having this opportunity to lay out what measures are underway to strengthen the role that sustainable development plays in the work of government organizations.

In December 2006, less than a year after the election of this government, the Environment Minister tabled the fourth round of departmental sustainable development strategies as required by the Auditor General Act.

At the time the minister noted in a press release that, although the latest round of strategies represented a step forward from the previous government's work, the government agreed with the Commissioner of the Environment and Sustainable Development and the previous assessment that more needed to be done to improve sustainable development planning and reporting.

Officials were instructed to begin the work of examining a range of options and to reviewing global best practices as Canada makes further progress toward putting sustainability at the heart of the government's activities.

By October 2007, this work was already well under way when the government was fortunate to receive additional guidance from the Commissioner of the Environment and Sustainable Development.

As hon. members may be aware, after 12 years and four rounds of sustainable development strategies, the commissioner conducted a detailed retrospective assessment of the existing legislative obligation that was tabled in the House this past autumn.

Noting the continuous failure of previous Liberal governments, the commissioner recommended that this government undertake a thorough, documented review of its current approach through the preparation and use of sustainable development strategies and that it should act on those results.

The government has accepted that recommendation and in conjunction with the work begun after the tabling of the fourth round of strategies is reviewing specific issues such as: federal goals for sustainable development, including specific performance expectations; indicators and targets, against which process can be measured; how departmental sustainable development strategies should fit into and contribute to the achievement of federal goals; strengths, weaknesses, opportunities and constraints associated with current approach in key areas for improvement; and roles and responsibilities, including what departments and central agencies must do to ensure opportunities for improvement are acted upon, so that they have necessary authorities and can be held accountable.

It is important to reflect upon the history leading up to this recommendation. The shortcomings of the existing sustainable development strategies process are by no means new. For example, in 1997, the commissioner noted weaknesses with the existing approach to sustainable development, planning and reporting. In particular, difficulties with performance measurement, cross-cutting issues, and awareness and understanding of requirement.

In 1999 the commissioner noted that departments had not systematically identified priorities or defined responsibilities for achieving them.

In 2002 the commissioner stated that weaknesses persisted, at which point it was noted that the strategies were not the strategic documents that they were meant to be. All this was under the former Liberal government. Further evidence that they did not get it done.

In 2004 the Commissioner noted that while it was easy to include commitments of strategy, managing and implementing the commitments were another story, and we heard that time and time again about the Liberals not getting it done.

In fact, the Commissioner has repeatedly stated that departments are not following through with the necessary steps to turn their words into action and demonstrating that commitments were being taken seriously.

The commissioner has not taken issue with the legislative instrument, only with its implementation. Notwithstanding consistent identification of systemic weaknesses by the commissioner, little effort to address the situation appears to have been made.

Throughout the 12-year history of this initiative, the commissioner has repeatedly expressed the view that the federal government needs to prepare a compelling, explicit vision of a sustainable Canada and a government-wide strategy to realize that vision.

Specifically, the commissioner noted that trying to gauge progress toward sustainable development by examining a collection of disjointed strategies that listed thousands of activities was like trying to assemble a complicated jigsaw puzzle without the picture on the box.

Previous governments have made commitments to preparing such a strategy on more than one occasion, including internationally at the 2002 World Summit on Sustainable Development, held in Johannesburg, and in response to recommendations made by the commissioner in 2002 and again in 2005. No federal strategy has ever been prepared. A new legislative instrument requiring one is not likely to improve matters.

Notwithstanding the commissioner's audits and subsequent recommendations, it would seem that there has been little progress. The commissioner has noted that in many instances the recommendations made in the reports, all of which were accepted, appear to have fallen on deaf ears.

It is clear, based on 10 years of the commissioner's audits, that the existing legislative requirement as it is currently being applied is not working.

The current review, this review, that we have committed to complete by October of next year will ensure that we learn from past efforts, reflect on the commissioner's recommendations, and implement the existing law in a way that will position the government to deliver real results to Canadians. That is what this government is all about: real results and getting it done.

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

Mr. Speaker, I am pleased to participate in the debate today on Bill C-474, the National Sustainable Development Act, introduced by the member for Don Valley West.

I see two objectives in Bill C-474. The first is to develop a sustainable development strategy based on the precautionary principle. The second is to create a position of commissioner of the environment and sustainable development that would be independent of the Office of the Auditor General. The bill also provides for the appointment of a sustainable development advisory council to advise the government on the national sustainable development strategy that will be developed.

I would like to talk about sustainable development and the precautionary principle. It should be noted that sustainable development has not been the credo of the successive federal governments in Ottawa. On the contrary, the federal government, both the Liberals and Conservatives, encouraged the development of the oil sands, a very polluting industry, instead of relying on clean energies or strategies that allow for sustainable development.

Although it is in the news now, the concept of sustainable development is nothing new. The expression “sustainable development” was popularized in 1987 after the publication of a report from the World Commission on Environment and Development entitled, “Our Common Future”. This report defined sustainable development.

Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

However, people seem to forget that two concepts are inherent to the notion of sustainable development: the concept of needs and, particularly, the essential needs of the most vulnerable, to whom it is agreed the greatest priority must be given; and secondly, the idea that our technology and social organization can impose limits on the environment’s ability to meet current and future needs.

Thus, sustainable development has more than just one objective, since it has to do with social and environmental equity, not only between citizens, but also between generations. Thus, when we talk about our children, we are talking about our future.

The concept of sustainable development was revisited in 1992 at the famous United Nations conference in Rio de Janeiro, Brazil. At the conference, a clear message was sent regarding the urgency of reconciling economic and social development, and environmental protection for the simple reason that sustainable development is essential to ensuring the well being of human communities and the preservation of life sustaining ecosystems.

I would now like to discuss the precautionary principle. In the Rio Declaration on Environment and Development that closed the United Nations Conference on the Environment, the precautionary principle was recommended as the best approach to environmental management. Essentially it involves the application of prudent foresight, the recognition of uncertainty and error on the side of caution when decisions must be taken in a domain where knowledge is incomplete.

Further, the approach recognizes that the burden and standard of proof should be commensurate with the potential risks to sustainable use of resources and to the environment. Participants emphasized that a precautionary approach should consider subtle, sublethal effects and not rely only on population impacts.

The precautionary approach has been followed in other areas, in particular for specific resources such as the fisheries and for general issues pertaining to the integrity of the environment. Observing the precautionary principle can translate into environmental assessments, pilot projects, close monitoring of impacts, careful interpretation of data and management tailored to needs.

Once again, be it Liberal or Conservative, the federal government refuses to take a precautionary approach. The most basic approach is often rejected out of hand, and short-term gain takes precedence over future problems. This is true of the Conservative government, which is doing everything it can to reject the Kyoto protocol, even though economists as credible as Britain's Nicholas Stern are saying that it would cost far more to respond to the destructive effects of climate change than to attack the root of the problem now.

GMOs are another perfect example, because the medium- and long-term effects of genetically modified organisms on health and the environment are not yet known. In light of this, the Bloc Québécois has criticized the federal government for refusing to demonstrate transparency with regard to genetically modified organisms, by neglecting to make it mandatory to label foods that are genetically modified or contain genetically modified ingredients so that people are informed and can choose the foods they eat.

Even worse, the federal government still has not adopted the precautionary principle when it comes to GMOs. Given the lack of information about the medium- and long-term effects of GMOs, it is only natural to have concerns. In order to approve a transgenic product, the federal government relies on studies made by companies and merely reviews them. It does not conduct a systematic second assessment of all the plants and foods that are put on the market. Consequently, there is very little public or independent expertise in the evaluation of transgenic foods.

The objective of the Cartagena protocol is to help regulate the transboundary movement, transfer, handling and use of any GMO that may have adverse effects on the conservation and sustainable use of biological diversity and pose risks to human health. The precautionary principle is an integral part of the Cartagena protocol and a condition of its application, as stipulated in principle 15 of the Rio Declaration on Environment and Development adopted in 1992 at the earth summit in Rio. In the protocol, the precautionary approach is described as follows:

Lack of scientific certainty due to insufficient relevant scientific information and knowledge regarding the extent of the potential adverse effects of a living modified organism on the conservation and sustainable use of biological diversity in the Party of import, taking also into account risks to human health, shall not prevent that Party from taking a decision, as appropriate, with regard to the import of the living modified organism in question...in order to avoid or minimize such potential adverse effects.

Nevertheless, the federal government refuses to ratify the Cartagena protocol, ignoring what, to the common sense of Quebeckers, is the most fundamental prudence.

Let us now discuss the second objective of the bill, which deals with the Commissioner of the Environment and Sustainable Development. In the past, the latter played a useful role in evaluating the government's policies with respect to environmental protection and hence the importance of ensuring complete autonomy in carrying out his responsibilities. The Commissioner of the Environment and Sustainable Development played an important role in revealing the extent of federal assistance to the oil industry.

In his report tabled in 2000, he brought to the forefront the issue of subsidies to the oil industry.

I simply wish to outline the Bloc's position. We support the principle of Bill C-474; however, amendments will have to be made in future discussions.

[The Deputy Speaker, Bill Blaikie]

I apologize for not giving the member the one-minute notice, but I was discussing a situation which seems to have cleared up. The noise that has been bothering everybody has finally ceased.

Resuming debate, the hon. member for Western Arctic.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I do not claim any credit for standing up and improving the noise level in the building, but I am glad to have this opportunity to speak to Bill C-474. The bill deals with sustainable development within the government system and the necessity for a national process for promoting sustainable development.

I am glad to see that our Liberal colleagues have woken up to the requirement for promoting sustainable development. During their many years in government, they did not promote this. The Liberal government's promotion of development throughout its 13 year course was simply to allow the market to make all the decisions, to allow others to take away any sense of industrial strategy, energy, security, any of those things. It simply was not part of their demeanour. They simply acquiesced to the direction that others took. In that process, they put Canada in a very precarious situation, perhaps not for today, but as we move ahead in the future.

The Conservatives have come into power since then and they have proven to be unable to move any further along this road than the Liberals did. That is partly due to their ideological commitment to the marketplace and to the understanding that decisions on complex issues such as sustainable development can be made in a context of profit and return to investors. Over the last while there has been an unsustainable development process.

My area of expertise is energy. At one point in time Canada kept a 25 year reserve of natural gas for our own protection and to ensure that Canadians would be well equipped to handle future changes. The reserve is now down to nine years. Through the 1990s and the early part of this decade, there was a massive sell-off of natural gas. The alliance pipeline gave the industry the ability to virtually strip whatever resources we had in the western Canadian sedimentary basin. The need to reach out to other forms, such as coal bed methane or farther north supplies, has proven to be difficult and expensive.

The National Energy Board's November 2007 report regarding Canada’s energy future clearly states that by 2020 Canada will be a net importer of natural gas. We will have no exports. This situation just boggles the mind. It should be of great interest to this Parliament.

In the development of the tar sands and the massive tax giveaways and royalty breaks set up by the Chrétien and Klein governments in the mid-1990s, we saw the unfettered movement and development of this resource base in a fashion that serves hardly anyone in this country. Things are moving much too fast in the tar sands. Even Albertans are finding that this kind of development is simply not working for them.

The Liberals, after supporting Kyoto, continue to support unsustainable development. They ignored their Kyoto commitments and preferred to let the market make its own way.

When we look at tar sands development, probably each barrel of oil is making over 125 kilograms of CO₂ in its production in comparison to conventional oil at 29 kilograms. This situation is simply going to get worse. We have set ourselves on a course of unsustainability in this country that we are going to have a very difficult time turning around.

The Liberals failed as well to provide adequate funding for research and development of renewable energy. Canada was probably the lowest in the western world in investing in solar energy. The new government has made a slight improvement, but nowhere near the investment we should be making.

It is the same with wind power. The Liberal effort in wind power was half the value of the United States' effort and the credit that was given.

We certainly do not want to discourage the sustainable development strategy that is being proposed by the Liberals, but we have to ask what is really important about it. To me, what is important right now in sustainable development in the world is energy. Without a comprehensive energy strategy for this country, a Canada first energy strategy, we will never find our way down the road to sustainable development.

The Liberals and Conservatives, bless their hearts, bought in with the Americans and established a continental energy plan through the North American Energy Working Group and the SPP. They have basically taken the responsibility out of the House and given it to Washington. That is troublesome. In order for us to move toward a sustainable future, it is something they have to recant. They have to give up what they did with our southern neighbour. Without recognizing the inherent problems they have created by linking our energy future with that of the United States, we will not move toward sustainable development in energy.

Looking at this bill from an energy perspective, there are only a few references to energy in the bill. Clause 5 calls for the efficient and effective use of energy. That is a statement that could apply to many things. It could apply to the expansion of existing fossil fuel resources as we quickly deplete them. Clause 5(2)(b) talks about Canada being at the forefront of the clean energy revolution.

To the Minister of Natural Resources clean energy seems to mean nuclear energy. In a sustainable development strategy, one might question whether the production of nuclear energy is the direction in which to go. It is clean but it has inherent problems in many other respects. It is clean in terms of CO₂ emissions, but certainly in many other ways it has a limited ability.

We need an approach to energy which sees the sharing of renewable energy across the country through an east-west energy grid. That is one of the key elements in the development. We need to invest in infrastructure to promote sustainability. Investing in the equipment that can lead to a renewable energy future is the direction that we should take. Investing in liquefied natural gas terminals to bring greater amounts of imported fossil fuels to this country is not part of a sustainable development strategy, yet it is something that the Liberals and Conservatives continue to support.

[The Deputy Speaker, Bill Blaikie]

Order. I am sorry, but the hon. member's time has expired.

On a point of order, the government House leader.

The House resumed consideration of the motion that Bill C-474, An Act to require the development and implementation of a National Sustainable Development Strategy, the reporting of progress against a standard set of environmental indicators and the appointment of an independent Commissioner of the Environment and Sustainable Development accountable to Parliament, and to adopt specific goals with respect to sustainable development in Canada, and to make consequential amendments to another Act, be read the second time and referred to a committee.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, it is a pleasure and an honour to rise on Bill C-474 sponsored by my colleague from Don Valley West.

I would like to congratulate the hon. member for Don Valley West on the new opportunities which will be opening to him next summer and into next fall. The gain for the Toronto educational system will be a great loss for this House. The hon. member has served here for a number of years and has gained immeasurable experience on environmental issues as well as experience in the administration of government and the structure of government not only as a parliamentary secretary and a committee chair, but also as a minister of the Crown. There is no better member than the hon. member for Don Valley West to bring forth a bill like this one which deals with government administration.

This initiative is quite timely. It connects with the root notion of sustainable development and the seminal gathering of nations that occurred in Rio in the mid-1980s. It connects with one of the chapters of the Brundtland report which came out of the Rio conference.

It connects with the chapter that talks about the need for new governance structures to deal with the challenge of sustainable development which was on the horizon as far back as 20 years ago. It is a lengthy chapter. I do not know if anyone in this House has had a chance to read it, but I read it recently and it led me to propose a change to the structure of the government to help bring environment closer to the centre of the government's agenda, not just the Conservative government's agenda, but the agendas of all future governments. That was the idea that we should create a minister of state for water who would report to the Minister of the Environment. The minister of state would link the 20 or so departments that have something to do with the water issue at the federal level. But I digress, Mr. Speaker, and I apologize for that.

We are at a watershed moment in the history of mankind and societies of the world. By that I mean we have had different watershed moments in history and the hon. member for Don Valley West will appreciate this because he is a historian by training. Having studied economic history myself, I know there were some big defining eras in economic history going back, for example, to the industrial revolution.

When societies started to industrialize and when economies became more sophisticated, academics and people in government began to develop measures for how these economies were progressing. Of course the most famous measure of how a society's economy is doing is gross national product. This is a measurement which has existed for centuries.

As societies progress they change and new methods of measurement are required. New milestones are required in order to ascertain in what direction a society, or in this case an economy, is headed and to what extent the quality of life of citizens is improving.

The whole concept of GNP has evolved as we have discovered that the capitalist system, albeit the greatest system of economic organization in the world, has negative consequences. We realize that just looking at GNP does not necessarily tell us what the quality of life of people living in capitalist economies is at a particular moment in time.

For example, we understand that just because the GNP is rising does not necessarily mean that the quality of life of citizens at a particular time and in a particular place is getting better. For example, if we look at the issue of crime, the more crime there is the more people buy alarm systems and the more they need to hire security guards. Therefore, the more money a person spends on services and products, the more the GNP goes up. We need to revisit certain key measurements from time to time.

We are at the very beginning of the environmental era where the environmental issue is a driving force and the organizing principle more and more of our society. It is actually quite timely that this bill is being debated at a moment when representatives from around the world are in Bali to discuss how important the environment has become and how crucial it is that we deal with it if we want to safeguard this planet going into the future.

We are in the environmental era and we need measurements to see how we are doing. We need measurements in order to track our progress toward dealing with those very pressing challenges that are knocking on our door and threatening our very existence on this planet.

Therefore, I think it is very timely that the hon. member for Don Valley West has introduced this bill that would not only lightly encourage the government to develop measurements on how we are doing in achieving sustainable development, but that would require the government to do so, that would have the force of law to push the government in this direction.

Even though governments have tried to affect organizational change in the public service toward better and more integrated environmental policies, we have seen that it is very difficult. We are talking here about a revolution. This is not a question of a discrete measure that will achieve a discrete objective. This is not cutting the GST by 1%, where all we need to do is press enter on the keyboard and everything cascades through the system and, lo and behold, people pay 1% less federal sales tax on their goods and services.

It is much more than that. We are talking about a revolution in the way our society is organized and in the way it moves forward. I think we are beyond voluntary measures and prodding and words. We need the force of law.

We had something called the environment and sustainable development coordinating committee, which was established in an effort to integrate sustainable development policies of various governments. However, the Commissioner of the Environment told us, over and over again, that the committee had no impetus, that it rarely met and that no one took it seriously.

The voluntary approach on this particular issue of restructuring government for sustainable development has had its time and it is time to move forward.

I am particularly interested in the issue of water. It is extremely important that we develop our goals and measurements for dealing with the action that is required to ensure we have an abundant supply of safe and clean freshwater in this country.

There is a rumour that the government is considering cutting the number of water monitoring stations across Canada. I believe there are 3,000 right now. If we had a national sustainable development act that spelled out that Canada needs to have a minimal number of water monitoring stations or that it should increase the number of water monitoring stations, then the government could not get away with that with impunity.

I have another example in the area of water. We need to map the aquifers, the groundwater in this country, to see how much we have left so that we do not overuse--

[The Deputy Speaker, Bill Blaikie]

Order, please. I am sorry but the hon. member's time has expired and so has the time for private members' business.

Suspension of Sitting

[The Deputy Speaker, Bill Blaikie]

At this time, pursuant to the agreement earlier in the day, the chair now recesses the House and the House will resume at the call of the chair to go into committee of the whole on Bill C-38.

(The sitting of the House was suspended at 6:35 p.m.)

[For continuation of proceedings see part B]

The House resumed from December 11, 2007 consideration of the motion that Bill C-474, An Act to require the development and implementation of a National Sustainable Development Strategy, the reporting of progress against a standard set of environmental indicators and the appointment of an independent Commissioner of the Environment and Sustainable Development accountable to Parliament, and to adopt specific goals with respect to sustainable development in Canada, and to make consequential amendments to another Act, be read the second time and referred to a committee.

Bill C-474--National Sustainable Development Act--Speaker's Ruling

[The Speaker, Peter Milliken]

I am now prepared to rule on the point of order raised by the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons on December 11, 2007, concerning the national sustainable development act, Bill C-474, standing in the name of the hon. member for Don Valley West, and its requirement for a royal recommendation. I wish to thank both the hon. parliamentary secretary as well as the member for Don Valley West for their submissions on this matter.

In his intervention, the hon. parliamentary secretary contended that the bill's provisions to establish a new and independent Commissioner of the Environment and Sustainable Development would not only require new government spending but also represent a change in the conditions and qualifications of the royal recommendation that accompanied the 1995 amendments to the Auditor General Act.

He also contended that the establishment of a new Commissioner of the Environment and Sustainable Development was similar to the creation of a new government department and that such provisions needed to be accompanied by a royal recommendation. He cited a ruling of July 11, 1988 when two report stage motions, the first of which proposed the establishment of a separate department of government and the second a separate commissioner of multiculturalism, were ruled out of order on the basis that they offended the royal recommendation which accompanied that bill.

Finally, citing a ruling of September 19, 2006 on the Development Assistance Accountability Act, Bill C-293, which concluded that a royal recommendation was required for the establishment of an advisory committee for international cooperation, the parliamentary secretary argued that the creation of an advisory council on sustainable development also requires a royal recommendation on the basis that it would result in the expenditure of public funds in a manner and for a purpose not currently authorized.

In his submission on January 31, 2008, the hon. member for Don Valley West conceded that the bill needed to be accompanied by a royal recommendation. He indicated that he would work with other members at the committee stage to amend the bill in such a way that any impediments to its progress would be removed. The Chair wishes to commend the hon. member for his constructive approach.

In order to assist the House, the Chair has carefully reviewed the provisions contained in Bill C-474 to identify the provisions that caused concern regarding the royal recommendation while at the same time responding to the point of order raised by the hon. parliamentary secretary .

The appointment of the Commissioner of the Environment and Sustainable Development is currently carried out under section 15.1 of the Auditor General Act. It states:

15.1(1) The Auditor General shall, in accordance with the Public Service Employment Act, appoint a senior officer to be called the Commissioner of the Environment and Sustainable Development who shall report directly to the Auditor General.

Bill C-474, on the other hand, would provide for the Commissioner of the Environment and Sustainable Development to be appointed by the governor in council as an independent commissioner instead of being appointed by and reporting to the Auditor General. Although funds may have already been appropriated for the position of Commissioner of the Environment and Sustainable Development under the Auditor General Act, the Chair agrees with the arguments put forward by the hon. parliamentary secretary to the effect that the provisions contained in Bill C-474 would clearly alter the conditions under which these appropriations were originally authorized.

Bill C-474 also proposes a new mandate for the commissioner. The current mandate is spelled out in section 21.1 of the Auditor General Act. It states:21.1 The purpose of the Commissioner is to provide sustainable development monitoring and reporting on the progress of category 1 departments towards sustainable development—

Category I departments are defined in the act as any departments named in Schedule I of the Financial Administration Act, in the schedule to the Auditor General Act or identified by the governor in council under subsection 24(3).

However, clause 13 of Bill C-474 would modify the mandate of this new independent commissioner to require, namely, the development of “a national sustainability monitoring system to assess...the state of the Canadian environment, nationally and by province” as well as “...the national and provincial performance in meeting each sustainable development goal...” listed in the bill.

Goals listed in the bill include “generating genuine wealth, shifting to clean energy, producing healthy food and building sustainable cities”, to quote the bill.

As House of Commons Procedure and Practice points out, on page 711:

A Royal Recommendation not only fixes the allowable charge, but also its objects, purposes, conditions and qualifications.

The clause 13 requirements would impose additional functions on the commissioner that are substantially different from those foreseen in the current mandate. In the Chair's view, clause 13 thus alters the conditions set out in the original bill to which a royal recommendation was attached.

Finally, the hon. parliamentary secretary argued that the creation of the sustainable development advisory council provided for in Bill C-474 requires a royal recommendation since this would require the expenditure of public funds in a manner and for a purpose not currently authorized.

Clause 7 of the bill provides for the governor in council to appoint 25 representatives to the advisory council. Section 23 of the Interpretation Act makes it clear that the power to appoint includes the power to pay. As the provision in Bill C-474 is such that the governor in council could choose to pay a salary to these representatives, this involves an appropriation of a part of the public revenue and should be accompanied by a royal recommendation. If the intention of the bill is that these representatives would not be paid, then this should be clearly expressed in the bill.

For all of these reasons, I will decline to put the question on third reading of this bill in its present form unless a royal recommendation is received.

However, debate is currently on the motion for second reading and this motion shall be put to a vote at the close of the second reading debate, of course in conformity with the Standing Orders of the House.

Resuming debate, the hon. Parliamentary Secretary to the Minister of Transport.

[Brian Jean, Conservative, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I rise today to address the House on the second reading of Bill C-474, the proposed National Sustainable Development Act.

As my colleagues have stated previously and as the government recently laid out in the Speech from the Throne, this government is clearly committed to improving environmental sustainability throughout this country.

We are implementing a very ambitious plan to cut greenhouse gases and to cut air pollution. For the first time ever, our government will be regulating the big industrial polluters. It took this government to take those steps to do that.

Among other measures, the government has taken action to protect water quality, which is so important to Canadians, including tough new regulations against the dumping of raw sewage as well as improving raw sewage treatment in municipalities and first nation communities across Canada. We are expanding our capacity to enforce our environmental laws. We are taking the environment very seriously.

We know that protecting and sustaining our natural environment is central to the quality of life of Canadians and this country, to our very prosperity and to the health and well-being of all Canadians. We have also been clear about our commitment to greater accountability in every step of government, especially in the environment, in advancing sustainable development.

When the former minister of the environment tabled the fourth round of sustainable development strategies in December 2007, she stated the need to take action to address the inaction of previous governments and to ensure that Canada become a leader in sustainable development.

Today, we already have the tools to do the job for Canada to become a leader in sustainable development. Canada is one of the very few countries in the world that has enshrined sustainable development in actual legislation. We are proud of that.

The Auditor General Act ensures that federal departments and agencies take action to advance sustainable development within their mandates. Each of these departments and agencies reports every year to Parliament on its progress. That is correct: every year.

The Auditor General Act also ensures that federal progress on the environment and sustainable development is monitored by the Office of the Commissioner of the Environment and Sustainable Development.

Over the past 10 years, the commissioner's reports have offered constructive criticism on governments' progress on sustainable development strategies. According to the reports, what has been lacking by past governments is simple: action.

However, that is changing under our Conservative government. Based on the commissioner's most recent report, this government has committed to undertake a thorough review of the current approach in order to achieve major improvements in sustainable development strategies. The commissioner is pleased with our commitment. We have agreed to complete our government-wide review by no later than October 2008.

Bill C-474, the proposed act before us today, does not create a more effective tool and is problematic for a number of reasons.

For example, the bill proposes to establish a role for the Office of the Commissioner of the Environment and Sustainable Development that is both unworkable and unnecessary. Let me outline a few of these issues.

First, Bill C-474 extends the authorities of the commissioner to that of both advocacy and audit, a clearly unworkable situation. The proposed bill, for example, states that the commissioner shall “provide advice and monitor progress in achieving sustainable development”, as is stated in paragraph 13(4)(c).

It is very difficult to be viewed as a non-partisan body if that body both advises on policy and then subsequently audits its implementation. Such a body would be open to accusations of bias given that it would be auditing what it helped to create. It is a clear conflict of interest.

Indeed, in its recently released report, the green ribbon panel established by the Auditor General carefully circumscribed what the Commissioner of the Environment and Sustainable Development should advocate about. It warned against an advocacy role related to policy but supported advocacy on best practices and environmental management, which is exactly what we are arguing today.

This is an issue understood by the Office of the Auditor General. Its performance manual, in 2004, stated:

Special care is required when audit findings touch on government policy. As officers of Parliament, we do not want to be seen to be second-guessing the intentions of Parliament when it approves legislation, or of Cabinet when it selects a certain policy direction.

That is an important statement.

Second, Bill C-474 would extend the authority of the commissioner beyond that of federal jurisdiction to that of assessing the state of the environment by province and of reporting annually on provincial performance in meeting sustainable development goals relative to the performance of other industrialized countries.

This is just the kind of interference in the jurisdiction of provinces and territories that has caused a number of wrangles, and, in the past, one in which we cannot be and should not be a party. A clear interference in provincial jurisdiction; something that the government stands well entrenched again.

Third, Bill C-474 proposes the creation of a commissioner of the environment and sustainable development and such government bodies as a cabinet committee, secretariat and advisory council. The creation of a cabinet committee is clearly the prerogative of the acting prime minister.

The creation of a commissioner of the environment and sustainable development, the secretariat and an advisory council would require, clearly, the government to spend money and, therefore, a royal recommendation would be required as you, Mr. Speaker, have recently ruled. These issues also, clearly, require much further study.

However, it is time to act. The government is taking proactive steps on the environment. Very clearly, this is a government of positive action for Canadians, getting positive results.

Fourth, Bill C-474 would unnecessarily deepen the authority of the commissioner with respect to the current petitions process.

Petitions are letters sent by Canadians to the Auditor General as a way to present their environmental concerns and questions to specific ministers of the federal government. Ministers are required to respond in writing within 120 days.

The commissioner concluded, in his 2007 report, that on balance the petitions process is a good news story. He noted:

Our retrospective study of petitions shows that petitioners value the process, which provides a forum for voicing their concerns and assures them of a formal response.

The commissioner also flagged that the volume and the complexity of petitions has increased significantly in recent years. The current approach to petitions, according to the commissioner himself, is working very well. Let us spend our efforts on what really does need our attention.

That is the proposal of this government: investment where it is necessary and where we are going to get positive results. We are currently taking steps to ensure that implementation of sustainable development is strengthened across the federal government.

As I mentioned earlier, a management review is currently under way that will draw on a decade of experience with the current approach and best practices internationally. That will identify clear means to improve the current approach.

That is what the government is looking forward to doing, and is doing on many other files.

In addition, the government has taken steps to ensure greater department accountability for the strategy process. The Federal Accountability Act, which we are all on this side of the House very proud of, ensures that deputy ministers are responsible before Parliament for their management responsibilities, and that includes departmental commitments to sustainable development.

We already have the legislative and regulatory authority to strengthen the sustainable development strategy process and to ensure accountability for Canadians. This government is taking positive steps for Canadians, and we are getting positive results.