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.

Canada Elections Act

[Alan Tonks, Liberal, York South—Weston, ON]

Mr. Speaker, I rise on a point of order. There have been discussions among the parties and I think you would find unanimous consent for the following motion: That notwithstanding any Standing Order or usual practice of this House, that at the end of today's debate on Bill C-474, standing in the name of the hon. member for Don Valley West, all report stage motions be deemed adopted, the bill be deemed concurred in at report stage with further amendments and be deemed read a third time and passed.

Royal Recommendation—Bill C-474, Bill C-499 and Bill C-550

[The Speaker, Peter Milliken]

The Chair has a statement to make regarding the management of private members' business.

After a replenishment of the Order of Precedence, the Chair has developed the practice of reviewing these new items so that the House can be alerted to bills which, at first glance, appear to impinge on the financial prerogative of the Crown. The aim of this practice is to allow members the opportunity to intervene in a timely fashion to present their views about the need for those bills to be accompanied by a royal recommendation.

Accordingly, following the June 4 replenishment of the order of precedence with 15 new items, I wish to inform the House that Bill C-499, An Act to establish the Economic Development Agency of Canada for the Region of Northern Ontario, standing in the name of the member for Nipissing—Timiskaming, as well as Bill C-550, An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave), standing in the name of the member for Compton—Stanstead, give the Chair some concern as to the spending provisions they contemplate.

I would encourage hon. members who would like to make arguments regarding the need for a royal recommendation in these cases, that is Bill C-499 and Bill C-550, or in the case of any of the other bills now on the Order of Precedence, to do so at an early opportunity.

Also, I would like to take this opportunity to make a brief statement regarding 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, standing in the name of the hon. member for Don Valley West, which was already on the order of precedence.

The Chair would like to remind members of a ruling made on February 11, 2008. In that ruling I stated that the bill in its form at that time needed to be accompanied by a royal recommendation. The Chair notes that the hon. member for Don Valley West had expressed the desire to work with the Standing Committee on the Environment and Sustainable Development to overcome this difficulty.

On June 5, 2008 the committee reported the bill with amendments. The Chair has carefully examined these amendments and confirms that the bill, as amended, no longer requires a royal recommendation. Consequently, debate may proceed and, when appropriate, all necessary questions to dispose of the bill will be put.

I thank hon. members for their attention.

I wish to inform the House that because of the deferred recorded divisions, government orders will be extended by 21 minutes.

Environment and Sustainable Development

[Bob Mills, Conservative, Red Deer, AB]

Mr. Speaker, I have the honour to present, in both official languages, the seventh report of the Standing Committee on Environment and Sustainable Development in relation to Bill C-474, National Sustainable Development Act. A reprint of the bill has been ordered.

Royal Recommendation--Bill C-474

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, on Friday, December 7, the Acting Speaker invited comments on whether Bill C-474 requires a royal recommendation.

Without commenting on the merits of the bill, I submit that the bill's provisions to establish a new and independent commissioner of the environment and sustainable development who would be a new agent of Parliament would require new government spending and therefore, would require a royal recommendation.

Clause 13 of Bill C-474 would require the governor in council to appoint a new commissioner of the environment and sustainable development. The clause sets out the powers, duties and term of office of the new commissioner. This would be an organizational change which would require increased spending. There are numerous precedents to this effect.

The requirement for a royal recommendation for a new agent of Parliament is made clear in the Speaker's ruling of November 9, 1978, and I quote, “...if this bill is to impose a new duty on the officers of the Crown...these objectives...will necessitate expenditures of a nature which would require the financial initiative of the Crown”.

The requirement for a royal recommendation for organizational changes, such as establishing a new department or a commissioner, is referred to in the Speaker's ruling of July 11, 1988, and again I quote:

...to establish a separate Department of Government and a commissioner of Multiculturalism...undoubtedly would cause a significant charge upon the Federal Treasury in order for the new Department to function on a daily basis.

The Speaker's ruling of September 19, 2006 on Bill C-293 concluded that the creation of an advisory committee requires a royal recommendation since this clearly would require the expenditure of public funds in a manner and for a purpose not currently authorized. I quote from that ruling:

--the establishment of the advisory committee for international development cooperation provided for in clause 6 clearly would require the expenditure of public funds...

I believe this principle should apply to Bill C-474 since the creation of an independent commissioner of the environment and sustainable development would clearly require new spending to remunerate the commissioner and to provide administrative support to the commissioner. Although the bill does not specify these requirements, the Speaker has ruled that a royal recommendation would, nevertheless, be needed.

The Speaker's ruling of February 8, 2005 states:

Where it is clear that the legislative objective of a bill cannot be accomplished without the dedication of public funds to that objective, the bill must be seen as the equivalent of a bill effecting an appropriation.

I would suggest this was the reason that a royal recommendation was required for the 1995 amendments to the Auditor General Act that established the office of the commissioner of the environment and sustainable development within the Auditor General's office.

The office of the commissioner of the environment and sustainable development has over 40 staff and reported spending $2.8 million in 2006-07 for sustainable development monitoring activities and environmental petitions. It must follow that the establishment of an independent commissioner of the environment and sustainable development would require an office of professionals to support the commissioner in carrying out his or her duties, as set out in clause 13.

Since Bill C-474 would represent a change to the conditions and qualifications that were attached to the original legislation that established the office of the commissioner of the environment and sustainable development, a new royal recommendation would be required for Bill C-474.

Page 183 of Beauchesne's Parliamentary Rules and Forms reads:

--an amendment infringes the financial initiative of the Crown not only if it increases the amount but also if it extends the objects and purposes, or relaxes the conditions and qualifications expressed in the communication by which the Crown has demanded or recommended a charge.

It is clear that by removing the commissioner of the environment and sustainable development from within the office of the auditor general and making the commissioner report directly to Parliament, Bill C-474 is proposing a change to the conditions and qualifications that were attached to the original legislation. Therefore, I submit that Bill C-474 requires a royal recommendation.

[The Acting Speaker, Royal Galipeau]

The Chair would like to take a moment to provide some information to the House regarding the management of private members' business.

After a replenishment of the Order of Precedence, the Chair has developed the practice of reviewing the items there so that the House can be alerted to bills which, at first glance, appear to involve spending. The aim of this practice is to allow interested members the opportunity to intervene in a timely fashion to present their views about the need for a Royal Recommendation.

Accordingly, following the November 23 replenishment of the order of precedence with 15 new items, I wish to inform the House that one bill, Bill C-474 the national sustainable development act, standing in the name of the hon. member for Don Valley West, gives the Chair concern as to the spending provisions it contemplates.

I would encourage hon. members who would like to make arguments regarding the need of a royal recommendation in this case, that is Bill C-474, or in the case of any other bill now on the order of precedence, to do so at an early opportunity.

I thank the House for its attention.

It being 1:32 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.