Bill C-16 (Historical)

Environmental Enforcement Act

An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment

This enactment amends certain enforcement, offence, penalty and sentencing provisions of the following Acts:
(a) the Antarctic Environmental Protection Act;
(b) the Canada National Marine Conservation Areas Act;
(c) the Canada National Parks Act;
(d) the Canada Wildlife Act;
(e) the Canadian Environmental Protection Act, 1999;
(f) the International River Improvements Act;
(g) the Migratory Birds Convention Act, 1994;
(h) the Saguenay-St. Lawrence Marine Park Act; and
(i) the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.
It adds enforcement officer immunity to the Acts that did not expressly provide any. It also adds the power to designate analysts for the purposes of the Canada Wildlife Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. It also adds inspection and search and seizure powers to the International River Improvements Act.
It amends the penalty provisions of the Acts by establishing distinct ranges of fines for different offences, by creating minimum fines for the most serious offences, by increasing maximum fines, by specifying ranges of fines for individuals, other persons, small revenue corporations and ships of different sizes and by doubling the fine amounts for second and subsequent offenders.
It amends the Acts to make the liability and duty provisions of directors, officers, agents and mandataries of corporations, and those of ship masters, chief engineers, owners and operators, consistent between the Acts.
The enactment amends the sentencing provisions of the Acts by adding a purpose clause, by specifying aggravating factors that, if associated with an offence, must contribute to higher fines, by requiring courts to add profits gained or benefits realized from the commission of an offence to fine amounts, by requiring courts to order corporate offenders to disclose details of convictions to their shareholders and by expanding the power of the courts to make additional orders having regard to the nature of the offence and the circumstances surrounding its commission.
The enactment adds to each of the Acts a requirement that details of convictions of corporations be made available to the public and that all fines collected be credited to the Environmental Damages Fund and be available for environmental projects or the administration of that Fund.
This enactment also creates the Environmental Violations Administrative Monetary Penalties Act which establishes an administrative monetary penalty scheme applicable to the Acts listed above as well as to the Canada Water Act.

Environmental Enforcement Act

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

Mr. Speaker, I listened with interest to my colleague from Rosemont—La Petite-Patrie's presentation. I was interested in what he had to say about, among other things, the fact that when it comes to the fight against greenhouse gas emissions, Quebec is being penalized by this government's laissez-faire policy, which was also the previous government's policy. They all forget about Quebec. From an environmental standpoint, nothing is happening, and from an economic standpoint, that is a problem for Quebec.

Like me, my colleague is a sovereignist, and I would like to know if he thinks that a sovereign Quebec could come up with a policy that meets its own needs. The Conservatives are protecting Alberta for economic reasons, so could a sovereign Quebec do the same by promoting its own economic interests and helping the planet at the same time?

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

Mr. Speaker, right now, as a member of a federation, Quebec cannot express its point of view, especially not on the international stage. Consider what happened at the Nairobi and Bali conferences. Quebec was isolated along with environmental groups within the Canadian delegation. In Nairobi, Minister Béchard did not feel that the then-minister of the Environment was representing his interests at all.

In Copenhagen next December, a sovereign Quebec could stand up for 1990 as the base year, absolute greenhouse gas reduction targets, a carbon exchange, and real greenhouse gas reductions, not reductions that, like those proposed by the Conservative government, would benefit Canada's oil industry tremendously.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, I have spoken at length with my hon. colleague about the links between the government's changes to the Canadian Environmental Assessment Act. I would like to hear what he thinks of those changes. Are they in line with what is being proposed in the bill before us here today?

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

Mr. Speaker, when it comes to environmental assessment, the rest of Canada must assume its responsibilities. The Quebec Environment Quality Act created the Bureau d'audiences publiques sur l'environnement, a thorough consultation process for environmental assessments. Environmental groups, including Sierra Club Canada, have told us that Quebec's actions have been exemplary in the area of environmental assessment.

I invite the member to try to convince his colleagues from the rest of Canada to adopt Quebec's model. Then, we could do more to protect our ecosystem. However, there is no way Quebec would abandon a system that is working well. Quebec cannot be asked to harmonize its legislation with the Canadian Environmental Assessment Act, which is less effective than its own.

The hon. member should therefore take the legislation that was introduced and passed when the Liberal Party was in power and model it after Quebec's legislation. Thus, Canada would have a more effective environmental assessment system than it does at this time.

[The Acting Speaker, Barry Devolin]

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Saint-Bruno—Saint-Hubert, Arts and Culture; the hon. member for Timmins—James Bay, Aboriginal Affairs; the hon. member for Charlottetown, Health.

Resuming debate, the hon. member for Skeena—Bulkley Valley.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, it is of great interest to be entering this afternoon's debate. I think it is precipitous also for the timing. Just this afternoon, Canadians saw the Auditor General of this country and the Commissioner of the Environment release their extensive report, which turns into a condemnation of the government's own ability and willingness to enforce the laws, their own laws, that are on the books.

Here in Bill C-16, which is substantial in size, one must be given over to the question of whether this is actually going to take place. These rules and regulations, this set of fines and penalties that the government has little or no intention of actually enforcing, are no laws at all.

There are number of themes that are recurrent in Bill C-16, which is, in a sense, a housekeeping bill that tries to gather together a number of environmental penalties and set minimums and maximums for those infringements on the environment.

I myself represent Skeena—Bulkley Valley, which is the northwest quarter of British Columbia. It is absolutely rich in resources but also a conduit for some of the most volatile and dangerous goods in Canada and a place where some of the most dangerous projects are being pushed by the government, and hopefully the former government in British Columbia, such projects as coal bed methane and offshore oil and gas.

While the government promotes these projects, what is relevant to Bill C-16 is that they say Canadians should rest assured that if we are going to roll the dice on this oil and gas project in a sensitive ecosystem, in the Hecate Strait, which is the windiest, waviest place in Canada, it is okay to put the rigs up because we have strong environmental laws.

That is what has been proposed and Canadians can sleep well and rest assured, but lo and behold, when the auditor of the country comes forward and takes a look at the enforcement of those laws, the measurement of the pollution, the accountability and transparency of government, the laws do not become worth the paper they are written on. This is what calls into question the efforts of the government in Bill C-16.

There was good work done by my colleague, the member for Edmonton—Strathcona, on the bill at committee in trying to augment the penalties, because we see a rise in penalties to individuals who pollute the environment but we do not see the same concurrent rise in penalties for corporations.

We see that businesses, in a sense, are meant to keep the status quo, while individual Canadians, heaven forbid if they were to do the same thing, would see an increase of four times and more in the penalties.

The enforcement of any of these rules is absolutely essential and critical, because again, the government could give a wink and a nod to industry in saying it will put out a bunch of regulations.

I do not know if members of the House or the public remember when the minister announced the bill. It was quite a flashy display. He spent tens of thousands of Canadians' hard-earned dollars, taxpayers' dollars, to walk down the street some several hundred metres to a five-star hotel to announce that this bill was coming up.

He could not do it here in Parliament, which was sitting that day. We have many nice rooms in which to announce bills. The minister thought it was very important to show the seriousness of the government's intention. He actually had enforcement officers. I always feel sorry for these men and women of the force, because they have to do it. They have to stand there as props for the government, to show how tough the minister was going to be on environmental polluters, meanwhile in full knowledge of the audit going on in his own department showing that there was no enforcement intention from the government. It was not going to bring these penalties or any such penalties.

Whether it is straight out pollution we are talking about, oil spills, toxic spills, leaks, sewage and all the rest, we see the government stripping environmental regulation after regulation. It includes the loopholes for assessments, saying more and more projects of greater size and potential impact are going to be exempt from assessments.

We saw the absolute travesty that was in the budget. There were many, but there was one in particular with respect to the environment. The government used the budget as a Trojan horse. It wheeled the thing in here saying it was all about the economy, and it slipped inside it a little piece about the Navigable Waters Protection Act.

In the Navigable Waters Protection Act, the government stripped out a whole lot of regulations. Conservation groups have been coming to me and other members of the House with serious and deep concerns, not only about the effect that this stripping of the Navigable Waters Protection Act will have on our environment and the conservation of our environment but the fact that there was no debate and discourse whatsoever.

This is a government claiming transparency and accountability, and it slides into a bill about the budget a piece about the environment and navigable waters and the protection of our streams and rivers in this country. Conservation groups such as the B.C. Wildlife Federation got involved, and Mountain Equipment Co-op, for goodness sake. All these groups raised a concern in a coalition scrambled together at the last minute, because they never thought a government would do this kind of thing and strip out a 100-year-old act.

It was one of the first acts put forward and brought to full comprehension in this country to protect navigable waters, the waterways that Canadians relied on for trade and commerce and now rely on for a whole assortment of reasons. The government chose a budget, in which to fundamentally change the act.

The government claims, and it goes to Bill C-16 again, that there was too much red tape and it was holding up all those shovel-ready projects that we now know the government has hardly spent $1 on. I asked the government, if this was so important and there were so many projects being held up, to provide Canadians and members of Parliament with a list of all the projects, of all the jobs that were not being created because of the terrible Navigable Waters Protection Act, to show us the proof and evidence as to why it had to strip out this bill.

Of course, the government provided nothing, not a single project anywhere in the country that condoned this. Then one begins to question the philosophy and to suspect what the government is truly about when it comes to protecting our environment.

This bill has a whole series of thoughtful comments and amendments to eight other acts in Canada. As I said, it is quite a hefty tome and quite complicated, but is it worth the paper it is written on if the government does not actually intend to enforce it?

We see this again in the auditor's report. A private member's bill was brought forward by the official opposition and was worked on by all members of the House in the last Parliament. The government is just choosing not to abide by a Canadian law.

It is here, in the government's own words and text, where Environment Canada says it does not need to actually monitor greenhouse gas emissions, but here is the irony. It can measure the emissions that it is going to count on in the government's own plan in the future, but it cannot take account of anything that has happened in the past. How are Canadians meant to have confidence in the government's ability to negotiate anything, what to order for lunch, never mind a serious agreement like what will happen in Copenhagen?

According to the Auditor General, and I will quote in order to get it right, “In the plans prepared to date, the department has not explained why expected emissions reductions can be estimated”, so those are the estimated reductions in the government's own plans, “in advance but actual reductions”, meaning what is actually happening in the environment, “cannot be measured after the fact”.

The government feels totally confident in saying to Canadians that it will reduce greenhouse gas emissions by such-and-such by such-and-such a date. It can measure that and get that accurate, but it cannot measure the things that have already happened because it is too complicated and not cost-effective to measure.

Going back to the idea of enforcement and penalties, this comes from a party that has prided itself on being tough on crime and on pushing every criminal to the letter of the law. It campaigns on it every time, but it only means it for certain types of criminals, not ones who pollute our environment. Those ones get off the hook. For those ones, it will not press the letter of the law. It has been shown time and time again.

This is a government that picks what criminals it will go after. Some are truly criminal, while there are others who, say, tip over a railcar and dump it into a lake and pollute the rivers or put out greenhouse gases that endanger future generations, who break the government's own regulations and laws, and the government may or may not enforce those penalties. Those criminals, the government is not planning to get tough on.

One cannot help but wonder about the collusion at the moment of the crime, when the government puts forward Bill C-16 and other such bills and says it will quadruple the fines for individuals but it will leave the fines for corporations the same. Then the Auditor General says, with regard to the few regulations that exist for pollutants under the greenhouse gas emission acts that exist as law in this place, the government is unable to enforce them, unable to account and does not provide the penalties. How can Canadians have confidence in the government when it cannot follow through on such simple measures?

The very industries that are doing this polluting, or those that are suspected to, have asked the present government and the previous government for certainty. They want to know what the rules are.

Industry wants to know what the actual carbon emissions limits and pollution costs will be, because it can put that into its actual budgets. Industry can figure out what the cost of doing business will be.

Instead, the government slipstreams in behind the United States and is just waiting, forming a talk shop with the Obama administration.

The actual regulations are two years late in terms of the government's own promised commitments to bring them forward to industry and to Canadians. They are two years late by the government's own fault and admission. Nobody here is holding them up. These regulations are done in-house. They do not even have to be brought to Parliament.

For two years, industry and Canadians have been waiting and have received nothing. There is no excuse for the government. There is no logistical problem. There is no problem with the data. There is no problem with knowing what regulations to put in place, because all the other industrialized nations in the world have gone ahead of Canada and put the rules in place.

The fact of the matter is that the government is still stuck in a place where it is either the environment or the economy; it has to be one or the other. This is where the government is going to have to give itself a shake and wake up.

These are the same characters who would look at a GDP result and say it is the only measurement and number they need in order to know how the economy is doing.We in northwestern British Columbia know that after the Exxon Valdez spill, which occurred just north of where I live, the GDP went through the roof. It did fantastic that year for Alaska. Business was booming. According to the government's systemic failure to manage the economy, that was seen as successful.

The regulations that the government proposes in Bill C-16, which is now before the House on its third and final reading, take small steps. However, at the basis of the philosophy of whether Canadians can feel confident about the government's sincerity and ability to actually enforce its own laws, it is found wanting time and again.

When the government sets the limits and the penalties so low, as it did in Bill C-16, it allows business to slide them in as a cost of doing business. I do not see the government proposing such penalties in other areas of criminal law. With a $5 fine for a break and enter, a criminal could sit back and say, “Well, if that is the penalty to break into a house, that seems worth it.” The government understands in that case that it must present a penalty that is a deterrent, so that perhaps the criminal will not break into Canadians' homes and will not steal things.

Yet when it comes to the environment, the government provides paltry fines that a lot of the biggest and most profitable companies will look at as a cost of doing business. If the cost of making their production safe is x, as opposed y, which is the cost, maybe, of a fine, then if y is smaller than x, they will just not do it and will let the pollution run forth.

Industry knows that fines are not coming from the government, that enforcement is not coming. How do they know this? It is evidenced by the Auditor General of Canada, a non-partisan and unbiased officer of Parliament who looked at the government's own laws. It applied the test of those laws to the government and found it wanting yet again.

The only reason the government thinks it can get away with this is because it thinks there is no political consequence. The government thinks that presenting these laws with press announcements at the five-star hotel down the road will somehow replace actual effect, spending thousands of Canadian taxpayers' dollars to rent the place and send the whole press corps down the road so the minister can look tough standing in front of a bunch of enforcement officers, for what? Could it not have done the same thing 50 feet down the hall?

This reminds me of the previous environment minister who spent $85,000 to announce a plan in Toronto that he could have announced right here. He held three different press conferences: one for business in one part of the city, one for the media in another part of the city, and another one for the environmental groups. Tens of thousands of dollars were spent on this little charade. What was announced? It was the Turning the Corner plan.

What a fantastic plan, which was actually talked about in the auditor's report today, which the government cannot account for. The government has had three plans, three ministers, three years, and all have failed to get the job done.

So the government comes forward with Bill C-16, an amalgamation of old acts and old bills that it wants to combine. It tells us to rest assured that it is going to get serious about the environment, finally. It is going to go after the polluters. The Conservatives shake their heads and rattle their sabres, but unfortunately, nothing changes.

I will go back to the point around certainty because it is important for Canadians to understand that this is the actual intersect between business and the environment.

Businesses consistently said to us that they were frustrated with the Liberal Party and the Liberal government because it announced Kyoto. The Liberals went to Kyoto, signed onto Kyoto, ratified Kyoto and promised rules. A great number of businesses, in good faith and good intention, went forward and made some of the changes that would be required under a carbon-constrained economy, which is in Kyoto and which other countries have actually done. They would make the change and the government would come up with another plan and say that it would get to the regulations later. They would make more changes, spend more money, make their businesses less polluting, hoping to get some credit for it and the government would say “later”.

Then the Conservatives came in and the same movie started again. They said that they would get serious, that this was their climate change plan. Because the first two failed, now they would turn the corner, and they called the document “Turning the Corner“. The Conservatives are turning the corner so many times they are walking in circles.

The fact is when we look for regulations, when we look for the hard evidence of what businesses can count on and account for in their own ledgers as to where they spend the money, what the price of carbon will be, how they trade on the carbon markets with the U.S. and the international community, there are none. There are promises that are now two years old, and industry is still waiting.

The minister pretended today, during the question and answer period, that he would somehow show up in Copenhagen with some ability to negotiate. How can the we negotiate without credibility? The other countries know Canada's record. They know the government's intensity-based plan is used by no one else. Not one country in the world uses intensity to measure its carbon emissions.

Does that not give Canadians pause? Have we stumbled upon some unique solution to climate change with which the other countries will jump on board? No one else uses it because it does not work. It is not effective. We cannot measure, we cannot manage, we cannot control under an intensity regime. We told the Conservatives, when they first came to government, that it was a farce.

Finally, two weeks ago the Minister of the Environment stood and said that maybe the intensity regime would not work, that maybe the government needed an actual hard limit. Two years were wasted again. Why? Because the government is interested in only taking policy, not making it.

When it comes to protecting our environment, when it comes to being responsible on greenhouse gas emissions, the Conservatives are found wanting, not simply by New Democrats, who proposed a comprehensive bill. The government asked for policy. We proposed Bill C-311, which passed through the last Parliament, which the government killed by proroguing Parliament again. The Conservatives are addicted to this. How democratic and accountable is it when the government of the day, because it does not like what is going on, Parliament, shuts Parliament down and locks the doors.

It is getting to be a habit of the Conservative government. Three times it has done that. Three times it has killed its own legislation. The members will scream out “coalition”. Twice the Conservatives did it with no threat of anything other than laws that were in this place, put forward by elected people meant to represent the people of Canada, not the will of the Conservative Party of Canada.

Time and time again, Canadians have sent parliamentarians forward to do something about climate change, to bring legitimate legislation forward. It is no longer good enough for the Conservatives to sit on their moral high ground talking about transparency and accountability when the auditor of the country says that it is a lie, that it is otherwise, that it is a mistruth.

This cannot continue. The government has to own up to its responsibilities. It is the Government of Canada, not the government of the Conservative Party of Canada. When the Conservatives get that through their heads, they will finally start to bring legislation forward that matters, that makes a difference and that Canadians can start to believe in this place again and know this place can fix a problem that we all created.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, the member's speech was electrifying. It certainly was a barnburner of a speech. I know the member for Saint Boniface and some of her colleagues listened to every word. He certainly got their attention.

If this is how the government acts in a minority situation, imagine what would happen if Canadians gave it a majority government. Imagine how lax enforcement would be in all sorts of areas.

I want to specifically ask the member for his observations on one of the clauses in the legislation, regarding the definition of a vessel. It is given in the changes to the Antarctic Environmental Protection Act, where it states that a vessel is a boat, ship or craft for use on water. It also mentions that fixed platforms are not included in the description. The amendment goes on to outline punishments and laws for vessels that break the environmental law under the act. Fixed platforms and oil rigs are never mentioned.

I see a potential huge liability for fixed platforms and oil rigs. Why would those not be included in the definition of vessel or not dealt with separately?

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I will assure my hon. colleague of that it was not a typo.

If the government came forward and said that specifically in the law it would exempt platforms, and this law deals with the unfortunate consequence of pollution, of a spill, Canadians would be left to inquire as to why.

The government does not create loopholes in its law for no reason at all. We have seen this time and again. It simply has exemptions. It is true in this place, as it is anywhere else, that the devil is in the details and there is a lot of devil in this place when the government draws up environmental regulation. It puts in details to exempt things which it does not want us to look at. We have seen consistently an exemption when it gets anywhere near the carbon economy, when it gets anywhere near the oil and gas producers in Canada, and I go back to this.

I met with the oil and gas producers of Canada two weeks ago. They said two things to me, which struck me. They said that they needed a hard cap and they needed it in law.

Lo and behold, who thought we would see the day where oil and gas companies were repeating back, almost word for word, a New Democrat mantra on how to deal with pollution and greenhouse gas emissions? They have decided a carbon price is coming. We have seen leadership in the Obama administration and for many years in the European Union. They know Canada's time has finally come, yet the government is moving slower than oil and gas companies.

Who could imagine this state of affairs? It needs to be corrected. My colleague is right. We need to check for the details in this thing. It is not solid.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I wanted to ask the member a follow-up question. I am sure my hon. friend, the member for Saint Boniface, was dying to get to her feet and ask this.

We note that in the bill, the financial penalties are very harsh for individuals, but curiously, very weak for corporations. The example given was that ExxonMobil made an estimated $477 billion in 2008, and a punishment of $10 million is not much more than the cost of doing business with such a corporation.

Since the member for Saint Boniface is not asking this question, I ask it on her behalf.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I do not know if there is some kind of channeling going on within Manitoba politicians, but there seems to be some inquiry from the member for Saint Boniface. She was able to do much comment during my speech, but so little when we are on the record. She is new and it takes time to get comfortable here.

The problem with the piece around the penalties is twofold. First, the quadrupling of fines for individuals, but the status quo for companies is of interest. I mentioned in my speech how this could simply be the cost of doing business for some of the more profitable, and ExxonMobile certainly is one of those companies making some $477 billion in 2008. It is doing okay. To present a $1 million fine to a company of that size and stature, it might not even notice. It would be a lot cheaper than cleaning up its act in some cases.

The problem with the way the government has gone about this is it has set a limit on the minimum and maximum, without any actual logic or rationale behind that. If it had come forward and said that other countries were doing this and this was what their limits and their maximum minimums were, then we could have some sort of discussion on this. However, I feel as if the penalties were picked arbitrarily off a shelf. All of this is of no value if the government does not intend to enforce any of it.

Auditors' reports and history showed that the current government and the previous one had zero interest until the ducks that died in the tar sand ponds showed up on the evening news. Suddenly the government is like cops. This happens time and time again. It will negotiate the fine down as it did with the Valdez. The company got it to a tenth of its original summation, but that was the Americans. I am sure the Canadian government would never imagine doing such a thing, but it has time and time again.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, my colleague's presentation has clarified a great many of the concerns that Canadians have in regard to the protection of our environment and the need for strong legislation. I want to ask him about an anomaly in the legislation.

The bill requires publication to shareholders and general public of convictions under the environmental law. This is already public information. However, it does not require publication of all violations, all warnings issued, all orders issued, all tickets issues, all agreements and all charges. It would seem to me that Canadians would want to know if they were doing business with a corporation, an entity, that was not living up to its obligations in terms of our environment. It would seem to me that Canadians would want to know who the good players were and who the not so good players were. Could my colleague comment on that?

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, my colleague from London—Fanshawe is a champion on the environment in her community and her province.

Government can speak about transparency. The NDP requested that all these fines, warnings and issuances be made public because that might be something shareholders would want to know. If they are dealing with an energy company, if they are dealing with any kind of a corporation, one would think Canadians might want to know if it has a whole litany of penalties weighed against it. There is an element of ethical investment. This is a sector of the investment market that is growing in leaps and bounds and has been since the early nineties. Canadians and investors around the world want to invest in companies that are doing well. They want to make investments in companies that are working the local community, protecting the environment and all the rest.

What happens with these exemptions, which the government knowingly puts in, is they exclude sometimes some very vital information from investors and shareholders already in the company. The company might have a bunch of violations for spills, leaks, all sorts of contaminations and then behind closed doors, it works it out with government. Only if they fall into a very narrow category under this legislation will those penalties be made public. Otherwise who knows what they are?

This has to be the full cost accounting, the triple bottom line. These are the things we have talked about, where the environment and the economy come in harmony together. Once in harmony, it makes sense to invest in companies that do not pollute the environment. It makes sense to invest in companies that produce less greenhouse gases than their competitors. That will make the Canadian economy more proficient, productive and efficient. The Canadian economy desperately needs right now.

We have advocated for a green recovery, for a recovery that uses the investment of hard-earned dollars Canadians so we can make a more efficient and proficient economy. The government has said that it is stripping out environmental regulations and assessments. It is doing more harm and future generations will curse the government for that. They will ask themselves how the government could have taken out environmental considerations when it had an opportunity and the money to spend some money on it. It seems insane that in 2009 we are still talking about this, but lo and behold, the knuckles drag and it goes on.

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, I am pleased to speak to Bill C-16 at second reading. This bill requires a respect for and an understanding of science and innovation, a discussion of climate change and real investment in climate science.

Science and innovation must be fundamental to this bill. Environmental enforcement requires monitoring and surveillance. If we look at the atmosphere, we must look at atmospheric chemistry and how carbon dioxide and methane increase in the atmosphere. It requires looking at ice cores and the percentage of carbon dioxide from two million years ago.

Science is important. Science and innovation matter more than ever, because the challenges we face, climate change, emerging diseases and shrinking biodiversity, are greater, and the potential benefits are larger. Canada must innovate to stay competitive, as our country must vie with emerging countries such as China. Fortunately, innovation can be cultivated through incentives for research and development that is important for environmental enforcement, encouraging higher education, fostering collaboration between business and universities and expanding excellent and relevant public research.

Innovation requires leadership and real reform. China, the United States and a few other countries are blazing a trail. Canada must also forge ahead.

President Obama understands that research is fundamental to meeting America's needs. During his inaugural speech, he said:

We will restore science to its rightful place... We will harness the sun and the winds and the soil to fuel our cars and run our factories.

It is even more exciting that President Obama is backing his words with action and money. He appointed top scientists to key positions, including Nobel Prize winning physicist Steven Chu as energy secretary, and Harvard physicist John Holdren as head of the White House office of science and technology. Moreover, the Obama administration is adding $10 billion to finance basic research that is important to environmental monitoring.

In stark contrast, the three agencies that fund basic research in Canada must cut spending by $148 million over the next three years. James Drummond, chief scientist at the polar environment atmospheric research laboratory at Eureka says he will be able to improve the lab through new infrastructure funding but he will not be able to afford to operate it as the Canadian Foundation for Climate and Atmospheric Sciences received no new money in the budget. Without new funding, the foundation will shut down by March 2010, along with 24 research networks studying climate change.

As a scientist and former professor, I know urgent action is needed to safeguard research, keep talent in Canada and build for a better economy and environment. The government must increase funding for Canada's three granting councils, and it should match, on a proportional basis, the support offered in the United States. The government should ensure that programs and scholarships funded by the granting agencies are not restricted to specific fields.

It is my fervent hope that President Obama's appreciation for research and his optimism will spread to Canada as we discuss environmental enforcement. Last year, an editorial in Nature criticized our government for closing the office of the national science advisor, its skepticism about the science of climate change and silencing federal researchers.

It is the second point that troubles me with respect to Bill C-16, namely the failure to mention the elephant in the room: climate change.

The Conservative Minister of the Environment proudly reported:

In the election campaign, our government committed to bolster the protection of our water, air and land through tougher environmental enforcement that holds polluters accountable. Today we delivered. ...the new measures, will provide a comprehensive, modern and effective enforcement regime for Canada.

How truly comprehensive is the proposed bill if it fails to address our most pressing environmental issue, namely climate change?

Global warming will impact the very items that Bill C-16 aims to safeguard. As a result of climate change, we are already seeing changes in caribou, polar bear and seal populations, and changes in permafrost and impacts on traditional ways of life. In the future, climate change will potentially impact migratory birds, their flyways and possibly even the spread of influenza.

Our country's current climate change policies are widely criticized by external research bodies, parliamentarians, the public and the scientific community. In contrast, President Obama is recognized for taking global warming seriously. He is listening to scientists who tell us that the situation is outdistancing our efforts to confront it. The president said:

We all believe what the scientists have been telling us for years now, that this is a matter of urgency and national security and it has to be dealt with in a serious way.

President Obama has since called for hard caps on global warming, cleared the way for tougher clean car standards, declared an intention to play a constructive role in international climate negotiations and introduced a serious green stimulus package.

However, the Prime Minister believes the differences between the American and Canadian regimes are not nearly as stark as some would suggest. He said:

When I look at the President's platform, the kind of targets his administration has laid out for the reduction of greenhouse gases are very similar to ours.

Climate Action Network Canada and the US Climate Action Network, representing 100 leading organizations in Canada and the United States that are working together to prevent catastrophic climate change and promote sustainable and equitable solutions, argue that Canada needs to overhaul its current approach and raise its level of ambition to have a credible climate change policy.

Today the issue of climate change is more pressing than ever, as considerable time lags in the climate system mean that many impacts of climate change are already locked in over the coming decades. Today's buildings, power plants and transportation systems continue to produce increased emissions, meaning an even greater delay and increased warming in the future. Moreover, as some of the climate risks materialize, the economic costs will be much steeper than those from the current financial crisis.

Canadians want action on climate change, as recognized by a former Conservative environment minister who said, in 2007, “Canadians want action. They want it now.”

As testament to this, almost 10 million people participated in Earth hour 2008, in 150 cities from coast to coast to coast. People in cities across Canada held candlelight dinners, enjoyed time with family and friends and went on neighbourhood walks. In Toronto, electricity demand dropped by almost 9%, the equivalent of taking 260 megawatts off the grid or approximately 5.8 million light bulbs.

Canadians understand that Earth hour will not reverse or reduce climate change, but it will raise awareness about the climate change challenges the world is facing. Earth hour presents a good opportunity for people to show their federally elected representatives that they support action to fight climate change.

It is worth noting that most Canadian provinces have emission reduction targets that are much more ambitious than those of the federal government. Canada's largest province, Ontario, is moving ahead with the cap and trade system based on absolute caps aimed at meeting its reduction target of 15% below 1990 levels by 2020, with an implementation date of January 1, 2010.

The Conservative government must protect our atmosphere, and it must build partnerships with business, consumers, local authorities and the energy sector. It must find abatement solutions and reduce fossil fuel subsidies that currently put a premium rather than a penalty on CO₂ emissions. Indications of climate change must be treated with the utmost seriousness and with the precautionary principle uppermost in parliamentarians' minds.

Extensive climate changes may alter and threaten the living conditions of humankind, which may lead to greater competition for the earth's resources and induce large-scale migration. Such changes will place particularly heavy burdens on the world's most vulnerable countries.

Leading entrepreneurs, scientists and thinkers identify the greatest challenges facing humanity over the next 50 years as producing clean energy, reprogramming genes to prevent disease and reversing the signs of aging. They describe sunshine as a source of environmentally friendly power, bathing the earth with more energy each hour than the planet's population consumes in a year. They identify the challenge, namely capturing one part in 10,000 of the sunlight that falls on the earth to meet 100% of our energy needs, converting it into something useful and then storing it.

Solving the clean energy challenge will change the world, but change will not be met without economic and political will, as cheap polluting technologies are often preferred over more expensive clean technologies despite environmental regulations.

However, humanity is up to this challenge, as shown by financial and political investment in President Kennedy's tremendous vision in 1961 to land a man on the moon, and the initiatives to build the CN Tower and construct the Chunnel connecting England and France.

Today we need a new vision, or in the words of James Collins, “a big hairy audacious goal”, a renewable energy goal that stimulates progress and leads to continuous improvement, innovation and renewal.

We must economically and politically invest in renewable energy to protect our environment. It is no longer a choice between saving our economy and saving our environment. Today it is a choice between prosperity and decline. It is a choice between being a principal producer and a consumer in the old economy of oil and gas or a leader in the new economy of clean energy.

We must remember that the country that leads the world in creating new energy sources will be the nation that leads the 21st century global economy.

Failure to limit climate change to 2°C above pre-industrial levels will make it impossible to avoid potentially irreversible changes to the earth's ability to sustain human development. We have a five in six chance of maintaining the 2°C limit, if worldwide greenhouse gas emissions are reduced by 80% by 2050 relative to 1990.

In light of this science, there were 17 sessions on climate change under the theme, “the shifting power equation”, at the World Economic Forum in Davos, Switzerland this year. A total of 2,400 global leaders, including 800 CEOs, attended sessions, such as the economics of climate change, make green pay, the legal landscape around climate change, the security implications of climate change, and culminating in a plenary session entitled “Climate Change: A Call to Action”.

Clearly, global business leaders recognize that climate change is a serious economic and social challenge and that delaying mitigation will make future action more costly. Business leaders are therefore committed to addressing climate change and are already undertaking emission reduction strategies in their companies. More important, they support the Bali action plan and its work program to negotiate a new international climate policy framework to succeed the Kyoto protocol, and are ready to work with governments to help this happen.

There are numerous opportunities to mitigate and adapt to climate change, from carbon capture and storage to cleaner diesel, to combined heat and power, to fossil fuel switching, and to hybrid vehicles, to name but a few key mitigation technologies.

In closing, our most daunting challenges are the global economic crisis and climate change. Humanity needs a climate change solution that is scientifically credible, economically viable and equable.

Finally, we must heed the words of 12-year-old Severn Suzuki who, at the 1992 Rio Earth Summit, was fighting for her future and who challenged us to fight for all future generations when she said:

Do not forget why you are attending these conferences—who you are doing this for. We are your own children. You are deciding what kind of world we are growing up in. Parents should be able to comfort their children by saying, “Everything's going to be all right. It's not the end of the world. And we're doing the best we can”. But I don't think you can say that to us anymore.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I cannot let the member get away from us too quickly on this. I have been very impressed with the work she has done as a new member of Parliament on the listeriosis file and, as we know from her comments today, she digs in, does her homework, and comes up with constructive input for the House on important debates. I thank her for that.

I must admit I was very moved by the outlook presented when I viewed Al Gore's movie, An Inconvenient Truth. What struck me by the graphs that were provided was not so much what has been happening and the rate at which it has been happening but the slope of the curve and the spikes that are going to occur in the near term based on where we are right now.

It concerns me from the standpoint that the current government seems to think that all it has to do is protect its base, say that this is just a socialist plot to try to deal with greenhouse gases, and cancel every program that the previous government established. It basically put the brakes on and lost time.

I wonder if the member would care to comment on the kinds of things that we should do and the value that we must place on the survival of the planet. It really is a serious question.

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, I would like to address the science first. The member is absolutely right. For two million years carbon dioxide stayed stable in the atmosphere. At the time of the Industrial Revolution, it started to increase and has increased 32% since the Industrial Revolution. Other gases have increased by 131%.

That may not mean much to people but we also see an increase in temperature. The earth's average temperature has increased .6°C. Again, that may not seem like much, but we must realize that if the earth's temperature decreases by 2°C to 4°C, that is enough to bring on an ice age. The .6°C increase is big.

In Canada the increase has been over 1°C and in northern Canada almost 2°C. These are big changes. Climate change is real. It is happening now and it is having an impact on the levels of the Great Lakes, which are going down. We have rising sea levels.

In the future, we predict that the average temperature of the earth by 2100 will increase by 2°C to 4°C. Again, that is a big change. The carbon dioxide levels in our atmosphere will double by the end of this century. That means our children are going to grow up in a world that is very different than the world we know.