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 bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Sponsor

Jim Prentice  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-16s:

C-16 (2022) Law Appropriation Act No. 1, 2022-23
C-16 (2020) Law Appropriation Act No. 4, 2020-21
C-16 (2020) Law An Act to amend the Canadian Dairy Commission Act
C-16 (2016) Law An Act to amend the Canadian Human Rights Act and the Criminal Code

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:25 p.m.

NDP

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.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:25 p.m.

NDP

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.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:30 p.m.

NDP

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?

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:30 p.m.

NDP

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.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:30 p.m.

Liberal

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.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:50 p.m.

Liberal

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.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:50 p.m.

Liberal

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.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:50 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the member dealt at length with an area that I am certainly interested in, and that is the whole issue of research jobs and the whole area of research where we are losing ground to the United States, particularly with the Obama administration promoting research.

The question I have for her is this. Why does she think the government is sitting idly by and allowing our research jobs to be taken from this country and taken to the United States, and where are we going to be after three or four years with a policy like that?

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:55 p.m.

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, I am afraid I cannot comment on the government's position.

What I am concerned about, however, is that perhaps there is a lack of understanding regarding science. I think there has been investment in infrastructure, but the reality with scientists is that we need to fund people and we need to fund research.

We are already starting to see that scientists are moving south. The U.S. invested $10 billion in health, $2 billion to neuroscience. We recently lost an AIDS researcher and 25 of his team.

During my speech I mentioned that we have a climate scientist who is going to be able to fund his infrastructure but not his science. There is the threat that we will lose 24 climate change networks. When this is the most pressing environmental issue facing the planet, we cannot afford to lose one network.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 4:55 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I have the opportunity today to speak on Bill C-16, 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.

I would say that this bill is something like an apple pie. No one can be against apple pie: the only thing is, apple pie does not solve all our problems. I say this because we are talking about standardizing the framework for monitoring environmental legislation and imposing harsher fines on polluters. This is all very good, and I think everyone will be in favour of it.

That being said, it is clearly not enough because, even though the potential fines provided for in the bill would be staggering, if there is no one to enforce the law, if there are not enough resources in Environment Canada and not enough commitment from the government to implement these laws, then quite simply no one will be fined, and so the deterrent effect that is sought will simply not be there.

On this subject, I would direct your attention to the report by Hélène Buzzetti in Le Devoir of March 5, 2009, that officials in the environment department had admitted that since 2000 there have been an average of 3 to 14 charges relating to enforcement of environmental legislation by the federal government, one to five convictions per year, and the maximum fine of $1 million has been imposed only once in 20 years. We think this is inadequate, even though the principle of the bill is most praiseworthy.

This bill entirely avoids the most glaring and most urgent environmental problem on the planet, namely, global warming and the increased concentration of greenhouse gases in our atmosphere.

I would like to offer a little scientific reminder of what is happening to illustrate the difference between greenhouse gases and pollution. I remember hearing at the beginning of this government’s mandate, when we were studying the budget in the Standing Committee on Finance, that pollution would be tackled in order to reduce greenhouse gases. It must be clear that these are two different things. Once again, here we have a bill that aims to raise environmental standards and make them uniform—here this refers to pollution—but does not specifically target the greenhouse gas issue.

What is the difference? Pollutants are substances that are harmful to the environment, to human beings—in many cases—or to ecosystems. This includes oil spills, emissions of toxic products of all kinds and land development that is detrimental to an ecosystem's functioning. Wetlands are a good example; they are environments with very high biodiversity but where the ecological balance is also very fragile. There is a need for intervention on this issue.

Now, one might think that this bill is going in this direction. That is not entirely false, but at the same time—I repeat—this is only a way to paint things green. There must also be a real will to apply and enforce the law. However, all of this does not relate to the issue of the increase in greenhouse gas emissions.

When I heard the Conservatives confuse greenhouse gases with pollutants, I was a bit surprised because carbon dioxide, CO2, is not a pollutant. It occurs naturally in the environment and has no effect on the human body, provided it does not displace oxygen. Nothing changes. CO2 enters the lungs and comes out just the same.

The problem with greenhouse gases, as their name indicates, is that they reflect the sun’s rays back into the atmosphere, where the warmth is captured, like in a greenhouse. We are not talking about a pollutant here but an inert gas. There are other gases, too, but the main one is CO2, which is not affected by the legislation on toxic substances, spills, or any other legislation. It is not regulated because it is not a pollutant as such.

The Bloc Québécois has been asking for years for a plan to reduce greenhouse gas emissions because, even if they are not really toxic, they can have a dramatic impact on our planet, on humanity, and on the citizens of Quebec and Canada. We need to take action and take it quickly. This is the greatest environmental issue of the day, and there is nothing in the bill before us to tackle it.

Canada is divided on this. Both the Liberals and Conservatives want Canada to be an oil-producer, an energy superpower when it comes to non-renewable fossil fuels. This primarily benefits the western provinces and some maritime provinces. In Quebec, there is a strong consensus instead that we should proceed with the Kyoto protocol and base our economy on non-renewable, non-polluting resources that do not emit greenhouse gases. We could speculate for a long time on how attached Quebeckers are to the environment versus people in the other provinces, but I think their contrasting positions are based more on some very concrete realities.

The Prime Minister obviously does not believe in the Kyoto protocol or even really in global warming. His counterpart, the Liberal opposition leader, argues in favour of the tar sands and is a firm believer in them. Why? Because it is in Canada’s economic interest, at least in the short term, in my opinion. If everyone in Quebec thinks we should follow the Kyoto protocol instead and abandon the other path, it is because this is in Quebec’s economic interest. Why? There is one very simple reason: Quebec produces no oil and very few hydrocarbons. Quebec is made poorer by oil and our dependence on it.

Some federalist parties have the temerity to come to Quebec and say that Alberta’s tar sands are making us richer. I fail to see how Quebec can be enriched by purchasing oil from outside its boundaries. I would make the following comparison. When someone goes to the gas station to fill up, he is made poorer not richer. Every time a barrel of oil enters Quebec, money flows in the other direction out of Quebec. It is in Quebeckers' economic interest to reduce our dependence on oil.

This is not just an economic issue. For a long time, the main political parties in Quebec, both the Parti Québécois and the Liberal Party which forms the present government—I want to be clear that I am referring to the Liberal Party of Quebec, for the Liberal Party of Canada wants to promote and develop the tar sands—have formed a strong consensus on complying with the Kyoto protocol. Basically, this means we have to set an absolute greenhouse gas reduction target relative to 1990 levels.

There is a mechanism whereby a corporation, province, state or territory that exceeds its objective, performs better than its assigned target, can sell emissions credits to an institution, organization, state, province or territory that has not met its targets. This trading principle derives from two things. First, this is a global problem. Reducing a tonne of GHG in Chapais or Djibouti changes nothing, since the objective is one less tonne of GHG on our planet. Global reduction is the objective. On the other hand, reductions may be less expensive in some places than in others, and so this mechanism is put in place.

When the Kyoto protocol was devised, 1990 was set as the base year. The Conservatives and Liberals want to change the base year, to move it ahead to 2003 or 2006. Why? This may seem very technical to those watching us. This is often the misfortune of the political issues we have to debate, for often they are not very sexy or entertaining. What can it change if the year on which our calculations are based is 2003 or 2006 rather than 1990? It changes everything. It is no longer the same concept at all.

Since 1990 industry in Quebec, particularly the manufacturing industry, has made substantial efforts to reduce its greenhouse gas emissions. Meanwhile in the rest of Canada the emissions rate has simply exploded, reaching levels never seen in any other western country. That increase occurred under the Liberals, who did nothing to reduce greenhouse gases, and it has continued under the Conservatives. Unfortunately, we must acknowledge that it will probably continue, whether the Conservatives remain or are replaced by the Liberals. There is a consensus in Canada on developing the oil industry. The two parties have even supported a budget in which the main so-called environmental measures consist in helping out the oil companies, which you will agree are in great need of help. You will of course have noted the sarcasm in my words.

By setting the base year at 2003 or 2006, as the government would do, we wipe out all of the efforts that have been made by Quebec industry. At the same time, we wipe out all the economic potential and any possibility for these companies such as Alcan, which are asking the federal government to set up a system based on the Kyoto protocol with 1990 as the base year, to sell greenhouse gas emissions credits and to be somehow compensated for the efforts they have made to reduce their emissions.

Conversely, by moving from 1990 to 2006, we also wipe out the entire explosion of greenhouse gas emissions caused by the industrial sectors that made no effort, and in fact even increased their pollution levels.

The oil sands sector is the perfect example. Since the first efforts in any process of industrial rationalization are always the easiest, instead of it being polluter-pay, it is polluter-paid. Those who have made the least effort since 1990 will be economically rewarded now while those who have done their part, most of them in Quebec, the only province that has made absolute reductions in greenhouse gases, will be punished.

The government also wants to move from an absolute greenhouse gas reduction to a relative one in terms of intensity. What does this mean and what difference does it make? Are these not just highly technical terms that are the stock in trade of environmental specialists, and lack much effect? Absolutely not, they are not trifling in any way. On the contrary, they are very important.

The absolute targets set out in the Kyoto protocol say that there is a limit to what this planet can withstand, and that there is no connection between that limit and the economy. The planet cannot withstand more greenhouse gas emissions because the economy is in better shape. There is no connection between the two. Mankind has to reduce emissions, we must go from x tonnes to y tonnes, and we must not exceed that. Period. On the other hand, the government's approach, with Liberal backing, is intensity targets. They say we must not product more than x tonnes of greenhouse gas emissions per production unit. This means that a province, a company, or some other entity, with twice as much oil sands development, for instance, would be authorized to pollute twice as much.

Once again, a greater effort is being demanded of the manufacturing sector, when it has been experiencing economic difficulties and has the same or even lower production volume, than of industrial sectors that are in full development.

Clearly, there is a conflict between two visions that are not guided, at least not solely, by environmental issues. They are closely tied to economic interests, which is also the case for many of the decisions made by every other company in the world. The problem that Quebeckers are dealing with is that they are and always will be in the minority in this Parliament. The Conservative Party, with the support of the Liberal Party and the NDP, have ensured that a shrinking proportion of members of Parliament will be here representing Quebec. Fortunately, the Bloc Québécois members, who make up two-thirds of the members from Quebec, are still here to take a stand for Quebeckers. Unfortunately, Quebeckers are getting less and less representation in the other parties, and their voices are being drowned out in caucuses that care only about the Canadian majority's interests. Not because they are mean-spirited or because they dislike Quebeckers, but because the national parties are bound to defend the interests of the majority of citizens.

There is no way for Quebeckers to escape this situation other than by taking control of their own fate and becoming the majority in their own country. Once we become a sovereign country, we will develop our own environment and green energy policy, one that considers our future and the planet we will be leaving to our children, an environment and energy policy that is in line with our economic and development interests.

The Bloc Québécois is also working hard to help Quebeckers understand that it is impossible to advance Quebec's interests on a regular basis in the federal Parliament. The only solution available to Quebeckers in the medium term is to become a sovereign country and to make our own decisions according to our own values and our own interests.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 5:15 p.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, I thank my Bloc Québécois colleague for his passionate speech on the environment. We know that the Conservatives, with their minority government, are not very focused on the environment.

What does my Bloc Québécois colleague think would happen if the Conservatives were to have a majority government in Canada?

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 5:15 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, that thought is frightening, as was the reality of a majority Liberal government in power for so many years, when greenhouse gas emissions exploded.

That worries me a great deal but what is even more worrisome is the fact that, no matter who forms the government, Canada's energy policy will be founded on the interests of the majority. The Leader of the Opposition clearly stated that he supports the oil sands industry, that the industry must be developed, that we would be crazy to pass on it, that we must go for it, and full steam ahead.

Nothing changes. It is natural for a country to defend and promote the interests of the majority. For that reason Quebeckers should also have their own country so that they can have a say on the world stage.

At the most recent climate change conference, the Quebec minister of the environment asked to address the conference for 30 seconds. He was asking for a mere 30 seconds. That is rather humiliating for one of the world's states that has the best record for greenhouse gas emissions. He was refused. That was too much for the federal government. If Quebec were a country like Norway, Finland or Sweden, it would not have been forced to beg for 30 seconds. It could have remained at the conference for the entire week and spoken on our behalf on the world stage.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 5:15 p.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, in his speech, the Bloc Québécois member compared the Liberals to the Conservatives. We know that the Liberals do not have many new ideas.

Does my Bloc Québécois colleague think that the Liberals will take the same route as the Conservative Party if they ever form the Government of Canada?

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 5:20 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, it is true that the Liberals do not have many new ideas. Their new ideas are ones they copy from the opposition parties. For example, in the case of employment insurance, their proposals just rehash longstanding proposals made by the NDP and the Bloc Québécois.

That said, it is quite clear that we cannot expect anything more from the Liberal Party when it comes to defending the environment and implementing the Kyoto protocol with 1990 as the base year and absolute targets. Even in opposition, they are openly coming out in favour of expanding oil sands development, and they are being very timid about the necessary reforms and measures, which include a real carbon exchange in Montreal. They are in opposition.

When the Liberals were in opposition prior to 1993, they were at least a bit bolder. They said they wanted to do things differently from the Conservatives, but they did not. Now, they do not make such promises, and we know they will not do things differently. This party is just not reliable. It supported the latest Conservative budgets, despite their major flaws in terms of defending the environment.

Environmental Enforcement ActGovernment Orders

May 12th, 2009 / 5:20 p.m.

Lotbinière—Chutes-de-la-Chaudière Québec

Conservative

Jacques Gourde ConservativeParliamentary Secretary to the Minister of Public Works and Government Services and to the Minister of National Revenue

Mr. Speaker, I have a question for my colleague.

In a previous budget, our government gave the Province of Quebec roughly $350 million for environmental initiatives. Since my hon. colleague is well aware of what is happening in Quebec, could he tell me what environmental initiative Quebec has implemented with that money?