Bill C-481 (Historical)

An Act to amend the Federal Sustainable development Act (duty to examine)

An Act to amend the Federal Sustainable Development Act (duty to examine)

This enactment amends the Federal Sustainable Development Act to provide for an examination of bills and proposed regulations to ensure that their provisions are not inconsistent with the purposes and provisions of that Act.

An Act to amend the Federal Sustainable Development Act (duty to examine)

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, I would like to start by congratulating and thanking my friend and colleague from Brome—Missisquoi. His work on this bill shows that he is an ardent defender of his constituents' interests. As an educator and an MP, he is in regular contact with the members of his community and he understands that the people he represents are concerned about our environment.

The hon. member for Brome—Missisquoi also stands up for the interests of all Canadians. This initiative not only benefits his constituents, but all of us.

I would like to congratulate him on taking this initiative and introducing a well-thought-out and carefully crafted bill in the House of Commons. He began an important debate in the House on the type of government that we want and what we expect from our government.

We must always take into account the impact that our decisions could have on future generations. Bill C-481 serves to remind us that we cannot be shortsighted when it comes to environmental issues. We are responsible for ensuring that any bill introduced in the House meets the needs of today without compromising those of the future.

As my colleague explained, this bill will ensure that we remain committed to the Federal Sustainable Development Act, which was passed unanimously by the House in 2008.

It is a very simple idea and something that all Canadians expect from their government. If we pass a law that says that we support sustainable development, then all of our laws will be in line with those principles.

My colleague from Brome—Missisquoi's idea is beautiful in its simplicity.

Not only would the bill put sustainable development at the forefront of all federal government decision-making, it would integrate sustainable development principles with the policy-making process itself. It would guarantee that all government decisions were in line with the principles of sustainable development that we all seemed so committed to just five years ago.

Bill C-481 does this by reinforcing legislation that already exists. It turns our current strategy for sustainable development into an effective strategy. Unfortunately, the Conservative government does not share my priorities on the environment or, I think, the priorities of a majority of Canadians, for that matter.

The Conservatives have spoken several times about the importance they give to the Federal Sustainable Development Act. Past ministers of the environment, and by now there is quite a roster, have said that the act ensures that the federal decision-making process on matters of the environment is done in a transparent and coherent manner. However, while Conservatives like to mention the Federal Sustainable Development Act, they are all talk and no action.

The government has not been interested in the principles of the act, but it does like to use it as a talking point to distract Canadians from its dismal record in promoting sustainable development and from its failure to act on the environment. Much like Conservatives like to use the word “conservation” without acting or to talk about their missing-in-action oil and gas regulations, it is all about drawing attention away from their failure on these issues. As I have said in the House before, what we need is less rhetoric and more meaningful, forward-looking action.

In the past few years, because of this inaction, we have seen a regression. We are actually moving backward. The Conservative government has been systematically dismantling environmental protection laws and has been using the least transparent methods available. For proof of that, we do not have to go back too far, just to 2012, when the government's infamous omnibus budget bills, Bill C-38 and Bill C-45, were passed, two of the most destructive pieces of legislation I have ever encountered.

The government has consistently disregarded the principles of sustainable development by using omnibus legislation to weaken environmental protections and by passing that legislation without proper examination or debate. Gutting the Fisheries Act, ransacking the Navigable Waters Protection Act, muzzling scientists, completely obliterating the national round table on the environment and the economy, and continuing to subsidize the oil and gas industry with $1.3 billion a year does not sound like sustainable development to me. Neither does denying the science behind climate change, wilfully ignoring the effects of global warming, or failing miserably to meet low emissions targets that we committed to in international climate negotiations.

What else does not sound sustainable? Since coming into power in 2006, the Conservatives have cut Canada's targets for the reduction of greenhouse gas emissions by 90%. That is not sustainable; it is actually irresponsible. Our actions now mean we are burdening Canadians who will come after us.

The Federal Sustainable Development Act was supposed to signal a change in how the government makes responsible and environmentally conscious decisions on behalf of Canadians. However, it has been five years since this legislation came into effect, and the government has failed to make this crucial transformation.

Implementing an effective sustainable development strategy is an attainable and necessary goal. It is about time that we respect the commitments we made to Canadians in 2008 by passing Bill C-481. We already agreed unanimously to the principles of the bill, so let us give it some teeth.

The bill offers an efficient strategy to achieve this by giving the Department of Justice the responsibility for reviewing bills and ensuring that all proposed legislation responds to the criteria laid out in the Federal Sustainable Development Act, which we all passed. We are not asking for a complete overhaul here. This is not about red tape or another level of bureaucracy; it is a change we can actually implement now.

Bill C-481 should be implemented. The Commissioner of the Environment and Sustainable Development noted that the integration of sustainable development in decision-making is an incomplete process. Enabling Bill C-481 would help us to bridge that gap. Operationalizing an effective approach to sustainable development has worked well in Canada, and it has already been done at the provincial level in Quebec.

My leader, the leader of the NDP, in his role as Quebec's minister of the environment, sustainable development and parks, wrote North America's first sustainable development law and amended Quebec's human rights charter to create the right to live in a clean environment. That is not a privilege but a right. That is the attitude we should have in this chamber when we talk about legislation and debate ideas and think about how to work together to create a better Canada. It is a right that we need to work toward. It is a right we need to work hard to protect.

In my last few moments, I would like to turn our attention to the people who live in our ridings, whom we as members of Parliament, represent. These are families in every riding across the country in Victoria, Yellowknife, Winnipeg, Toronto, and my own riding of Halifax. As legislators, we have accepted the responsibility to represent the hopes and dreams of our constituents. For many of those people, their hopes and dreams are better lives and brighter futures for their kids and their families.

However, as it stands now, our children and grandchildren are set to inherit the worst environmental, social, and economic debt the country has ever seen. This is not intergenerational equity. It is not a future that is bright or shining with promise; it is a future that I am afraid of. It is an injustice to leave this legacy behind to the generations that follow ours.

The reality of the situation is that if we do not go forward sustainably and we do not legislate for the future instead of just thinking about the short-term gains, then we are not working to defend the hopes and dreams of our constituents or the people they care about most. We are not doing our jobs as legislators.

We owe it to future generations of Canadians to pass this bill. For them, sustainable development should not be an afterthought, window dressing, or a buzzword. An effective sustainable development policy demands that the principles of sustainability be a part of the policy-making process from the start.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Mr. Speaker, I am thankful for the opportunity to participate in this debate. It is indeed true that Canada has been blessed with incredible natural resources. With those blessings come responsibilities. Over the years, a number of measures have been introduced in this House to protect the environment. The attempt is always to balance the protection of the environment with the economic interests of the nation.

When the Liberal Party was in power, we committed our government to the principles of sustainable development and passed legislation that required each department to submit with any new legislative proposal the sustainability and environmental impact of the legislation or regulation. We also, at that time, insisted that ministers provide a gender analysis of each proposed piece of legislation.

I have noticed that the government has dropped the fiscal analysis of each proposed piece of legislation. This is particularly true for the justice section. There is no fiscal analysis attached other than bromides submitted by ministers from time to time about how this would not cost us anything at all.

As well, the Liberal Party created the office of the Commissioner of the Environment, which is attached to the Auditor General's department. It comments on and does analyses of the various environmental strategies the government puts forward from time to time.

We, along with the NDP, are truly disappointed with the government and its continuing erosion of environmental policies. The Conservative government has systematically reduced the environmental review process in resource development since taking office in 2006.

I note the parliamentary secretary's speech, which is all about taxpayers. It seems that it is all about taxpayers but never about citizens. It is the classic cost of everything and the value of nothing.

Environmental review is about the rights of citizens to know how the environment will be impacted by any initiatives. This has been systematically eroded by the government. Citizens are entitled to know, because these have environmental impacts, economic impacts, and consequences for our international reputation.

We understand and are sympathetic to the impetus of this bill, considering reports put out recently by various international bodies with respect to GHG emissions. One report ranks us dead last out of 27 developed countries in terms of GHG emissions and what we are intending to do. A UN report ranks us 55 out of 58. We beat out Iran, Kazakhstan, and Saudi Arabia. I am sure that will make us all feel a great deal better.

Dr. Chu, the former U.S. Secretary of Energy, was in Calgary last week. With several senior government ministers in the audience, he started off his speech by saying that surely to goodness, we can agree that there is climate change. How the United States views its partner in North America is that it is having a dialogue with the deaf.

In my view, Bill C-481 is a well-intentioned piece of legislation. It is not clear at this point what the costs will be. We can certainly see the benefits. I do not believe my colleague, the Parliamentary Secretary to the Minister of the Environment, that this would create a massive bureaucracy or that it would cause all the fearmongering nonsense he repeated toward the end of his speech. It would not create massive costs. In fact, if the government were doing the job in the first place, the bill would probably not be necessary.

However, when there is profound mistrust among the Canadian population of the attitude and the actions of the current government toward the environment, we get bills like Bill C-481 as a consequence, because at root, the mover of Bill C-481 does not believe that the Government of Canada is actually doing the job. He does not believe that legislative, regulatory, and economic initiatives are actually receiving a full environmental review.

I have some questions with respect to, in my judgment, the overly broad application of the bill. It says that all bills presented to this House would have to undergo a sustainability review.

At one level, it is a good idea. However, suppose the government puts forward a bill entitled the Prime Minister's award for ethics, accountability, and democratic excellence.

I know that might be amusing to some in this House, but it is possible that the Government of Canada would put forward such a bill on ethics, accountability, and democratic excellence. Would Bill C-481 apply to that bill or to a bill, for instance, on a more serious subject, such as cyberbullying and various things?

We have some questions with respect to the overly broad application of the legislation. Nevertheless, we take the view that this is a bill that is well motivated. It would address a deeply held view that the government has not addressed the environment in a sustainable fashion and that the government's actions to date have had economic impacts, have been negative on the environment, and are negatively impacting our international reputation abroad.

At this point, we in the Liberal Party will be supporting the bill, and I urge all members to have it sent to committee.

[Colin Carrie, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, I rise to speak to Bill C-481. In the next 10 minutes, I will explain how the bill would create a massive new and wasteful bureaucracy that would serve no purpose other than to waste taxpayers' money. I will demonstrate how the bill is just more evidence that the NDP shows a complete lack of respect for taxpayers' money. I will show that although the bill would purport to achieve sustainable development objectives, it would actually only duplicate work that is already being done by the government.

Bill C-481 would amend the Federal Sustainable Development Act to require that the Minister of Justice examine bills and regulations to ensure that they are not inconsistent with the purposes and provisions of the act. However, rather than meaningfully doing anything, it would just add another layer of red tape, which is redundant and unnecessary in light of the actions the government is already taking.

As members are aware, the purpose of the Federal Sustainable Development Act is to establish a legal framework for developing and implementing a federal sustainable development strategy that will make environmental decisions more transparent and accountable to Canadians. It requires developing and regularly updating a whole-of-government federal sustainable development strategy, which the government began in 2010 and continues to do so.

The first main point I would like to discuss is whether the amendments proposed in the bill are necessary. They are not. As I have already pointed out, the bill would be completely redundant in light of actions the government is already taking to achieve federal sustainability objectives, as well as transparency and accountability. The government already has tools in place for assessing and reporting the environmental effects of its actions, including two particularly significant ones: strategic environmental assessments and regulatory impact analyses.

Strategic environmental assessments, which are required by a cabinet directive, identify and evaluate the potential environmental effects of government proposals. Strategic environmental assessments also involve considering whether further action could be taken to optimize the positive environmental effects of initiatives and minimize or mitigate any negative effects.

Cabinet requires that a strategic environmental assessment be undertaken for all proposals intended for approval by a minister or by cabinet whenever its implementation could result in important environmental effects, either positive or negative. The results of strategic environmental assessments inform the development of new policies, plans, and programs, and support decision-making.

In 2010, in conjunction with the release of Canada's first federal sustainable development strategy, the government further strengthened strategic environmental assessment by requiring departments to consider potential impacts on the strategy's goals and targets when conducting their assessments in the context of a broader consideration of environmental effects.

We see strengthening the strategic environmental assessment process as an important step in advancing the integration of environmental, social, and economic considerations in government decision-making. Departments are now expected to consider the potential effects of initiatives on achieving the government's environmental sustainability priorities.

I should note that unlike the government's approach to strategic environmental assessment, Bill C-481 does not include any assessment against any specific priorities or measurable objectives, such as the federal sustainable development strategy's goals and targets. This just further highlights how the bill would be a wasteful use of taxpayers' money.

In addition to requiring analysis and assessment of the environmental implications of policies, strategic environmental assessments also promote transparency and accountability in decision-making. Whenever the government conducts a strategic environmental assessment, any potential environmental effects identified are expected to be summarized in a public statement that communicates the results of the assessment to Canadians.

To provide a broader view of strategic environmental assessment practices and results, the strengthened assessment process also requires departments to describe how policies subject to strategic environmental assessments have affected or are expected to affect progress towards the federal sustainable development strategy's goals and targets. We will continue to advance implementation of this new strengthened assessment process over time.

The other major mechanism I want to mention is the regulatory impact analysis statement, or RIAS. A RIAS is created for proposed regulations, and its preparation is required by the cabinet directive on regulatory management.

A RIAS summarizes the regulatory development process and the analysis conducted in support of a regulatory initiative. It describes the issues to be addressed, a cost-benefit analysis with distributional impacts of a proposed regulation, and the results of consultations. The results of a regulation's cost-benefit analysis summarized in the RIAS includes the cost or benefits to Canadians, the environment, and businesses, as well as impacts on human health and safety. Like a strategic environmental assessment, the RIAS process makes an important contribution to transparency as RIASs are made available to the public in the Canada Gazette, along with proposed regulations.

I would also like to highlight the federal sustainable development strategy as another means by which the government is making environmental decisions more transparent and accountable to Canadians.

The strategy required by the Federal Sustainable Development Act provides a whole-of-government picture of federal actions and results to achieve environmental sustainability. These actions support goals and targets under four priority theme areas: one, addressing climate change and air quality; two, maintaining water quality and availability; three, protecting nature and Canadians; and four, shrinking the environmental footprint beginning with government.

Regular federal sustainable development strategy progress reports from the government enable Canadians and stakeholders to track results achieved on the strategy's goals and targets. FSDS indicators are primarily drawn from the Canadian environmental sustainability indicators program, which provides comprehensive and objective information on environmental trends. The government has expanded these indicators to a total of 36.

Canadians are now able to get more information on what their government is doing with respect to sustainable development than ever before. We are continuing to move forward with the second three-year federal sustainable development strategy, which was tabled on November 4.

The second strategy demonstrates the government's ongoing commitment to the transparency and accountability of environmental decision-making. It has strengthened targets introduced in the first strategy. Examples are those on nutrient loading in the Great Lakes, Lake Simcoe, and Lake Winnipeg. The new strategy also reflects the results of public and open consultations. For example, in response to Canadians' comments, we have made targets more specific and measurable through clear timelines, baseline information, and quantitative benchmarks; identified indicators and actions with social and economic dimensions; and added detail on the important role that others outside government play in achieving environmental outcomes.

Taken together, these improvements, along with the previously mentioned tools in use by the government, provide Canadians with an unprecedented amount of information on the sustainable development decisions being made by the Government of Canada. This is all being done without the massive new bureaucracy the NDP would like to create and the new spending and taxes that the NDP would like to implement through Bill C-481.

As I have described, the government has already taken action to apply sustainable development in decision-making and ensure that Canadians have information on the potential environmental effects of government initiatives. By taking these legislative and regulatory initiatives, our government in ensuring that environmental factors have been fully considered in decision-making processes.

My second main point relates to the examination process proposed in Bill C-481. The examination process that the bill proposes is vague and redundant, and it is a wasteful use of taxpayers' money. I note that this examination process would go well beyond legal analysis and would constitute a significant departure from the current responsibilities of the Minister of Justice with regard to examining bills and regulations. For example, the Department of Justice currently does not have expertise in the area of sustainable development. Thus, the bill would require the government to waste taxpayers' money by creating and developing a new massive bureaucracy to duplicate the measures that I have already highlighted.

Undoubtedly, the NDP wants to pay for all this by increasing taxes on hard-working Canadian families.

In conclusion, given what the government is already doing, Bill C-481 would be a complete waste of taxpayers' money. The bill would add a layer of wasteful bureaucracy and oversight that is simply not needed.

Here I return to the most problematic part of Bill C-481, which is, of course, its true intention of creating a massive, new, and wasteful bureaucracy. This fact, I am not afraid to say, reflects the NDP's priorities completely. Here we have the NDP, which stands for nothing other than creating a massive new bureaucracy while increasing taxes on hard-working Canadian families.

This raises important questions for all Canadians. How exactly does the NDP intend to pay for those new and wasteful measures? Will it be through a $20-billion carbon tax, or does it plan to create new taxes to burden Canadian families? These are important questions the NDP has to answer that the member did not answer earlier.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

moved that Bill C-481, An Act to amend the Federal Sustainable Development Act (duty to examine), be read the second time and referred to a committee.

Mr. Speaker, I am honoured to present Bill C-481. Years ago, I joined an increasing number of Canadians who have become aware of the urgent need for action on the environment. It is now absolutely crucial to develop sustainable development policies to address the many challenges of our time.

I also want to pay tribute to our environment critic, the member for Halifax, who works so hard to defend our world and the quality of life of her constituents. She is a role model who inspires me every day. As for me, I was elected in 2011 to make Canada greener, more prosperous and fairer for all.

Some people would say that Bill C-481 does not go far enough. However, I feel it is a step in the right direction. My colleagues on the other side and I should support it. Indeed, it is an amendment to an act that the Conservatives themselves passed unanimously in June 2008.

My bill seeks to ensure that any future acts and regulations introduced by a federal minister comply with the principles of the Federal Sustainable Development Act. The Minister of Justice will then report any inconsistencies to the House of Commons, at the earliest possible opportunity. The Department of Justice already has an obligation to examine all bills and regulations before the House to verify compliance with the Canadian Charter of Rights and Freedoms. All that Bill C-481 does is link this process with what has already been created by the Federal Sustainable Development Act.

I would point out there was nothing in the throne speech on sustainable development. However, the idea that human activity can cause serious and lasting damage to our ecosystems is now a key part of policy.

My bill is a reminder that Canadians want sustainable development to be included in the decision-making process of their representatives in the House of Commons. Placing sustainable development at the heart of all federal public policy is the best way to make Canada greener, more prosperous and fairer for all.

What is sustainable development? It means creating policies that meet the needs of the present without compromising the needs of future generations. Sustainable development must also be guided by long-term thinking that takes into account the inseparable nature of the environmental, social and economic impacts of development activities. Unfortunately, we are leaving our children with the worst economic, social and ecological debt in the history of this country. We cannot afford to let this situation continue.

The planet's temperature is already rising. This is an undeniable reality that is hitting Canada hard. Since 1948, the average annual temperature in Canada has risen by 1.3^oC, a rate of warming that is higher than in most other parts of the world. Heavy precipitation and flooding have increased in most Canadian cities. Researchers with the National Round Table on the Environment and the Economy have noted an increased number of heat waves in every major Canadian city as well as more droughts, particularly in the west. There have also been more forest fires. Moreover, the serious lack of water is affecting land productivity, and that will only get worse.

Insurance plans are not adapted to these situations. In Quebec alone, the compensation paid by insurance companies as a result of storms and flooding has increased by 25% since 2001.

Lastly, scientists have documented deteriorating biodiversity conditions in all of the main types of ecosystems in Canada. Biodiversity is a cornerstone of Canadian competitiveness. It is key to continued growth in ecotourism and recreation. Falling behind on the protection of land and wildlife could lead to the disruption of valuable resource sectors like forestry and fisheries.

Our trading partners see Canada as a steward of globally significant resources. Canada’s success as a trading nation depends on continued leadership in meeting international expectations for environmental protection, expectations that are increasingly enshrined in international trade agreements.

Negligence is getting expensive. The effects are being felt across the country, and it will only get worse if we do not act now. For many years, a number of provinces have said repeatedly how important it is that Canada take a leadership role in establishing sustainable development policies. Sustainable development means creating policies that meet the needs of the present without compromising the needs of future generations. This principle must be extended to all decisions made by the federal government, especially those made in the House.

Informing people and building awareness alone will not make Canada greener. We need leadership. The government and MPs must foster change that stimulates progress and prosperity in our communities.

My bill will give Canada a mechanism that encourages MPs to act in accordance with sustainable development principles. Bill C-481 is one more step in the right direction toward placing these principles at the centre of our decision-making process. By encouraging MPs to develop bills that are in line with the federal sustainable development strategy, Bill C-481 will help them make good decisions and build a greener, more prosperous and more just Canada.

The Federal Sustainable Development Act was the outcome of a private member's bill, Bill C-474, which was passed unanimously in June 2008. In passing the bill, the Government of Canada recognized the importance of making decisions that take environmental, economic and social factors into account. The bill set up a legal framework for the development and implementation of a federal sustainable development strategy.

The purpose of the strategy is to make the decision-making process more transparent in terms of the environment. It is updated every three years with a progress report and public consultations. Within a year of the strategy coming into effect, the main federal departments have to prepare their own sustainable development strategies. These must comply with the guidelines in the federal sustainable development strategy, which has four priority themes.

The first is about addressing climate change now that weather events have become more frequent and severe. We must also improve air quality to combat the growing number of respiratory illnesses.

The second is about maintaining water quality and availability, because even though our bank account is full and oil resources are everywhere, water quality is still the most critical factor for life.

The third is about protecting nature, plants and animals. The fourth is about shrinking the environmental footprint, beginning with government. The goal is to reduce polluting emissions, recycle, and set a good example for the private sector and individuals.

As it stands now, this legislation does not do much, since the current government lacks any political will.

This fall, the Commissioner of the Environment and Sustainable Development's report criticized the government for missing most of its targets. Most of the targets lack clarity and measurability, which makes it difficult to assess progress over the short and long term.

Well thought-out strategies and effective action to implement them are fundamental to both the credibility and the impact of the strategies. Although the Federal Sustainable Development Act is weak and does not have teeth, I think it provides an excellent tool for us to coordinate our massive bureaucracy in order to implement sustainable development policies.

Bill C-481 will help strengthen this act by ensuring that the House of Commons knows whether a bill is in line with the federal sustainable development strategy. The Commissioner of the Environment and Sustainable Development noted that the efforts to integrate the sustainable development strategy are incomplete. Bill C-481 would fix that.

We want to show Canadians that we take sustainable development into account in our decisions. If Bill C-481 passes, bills that are inconsistent with sustainable development will pay a political price. I hope that members of the House of Commons will make more of an effort to include sustainable development in their bills.

We must not be leaving environmental, economic and social debts for future generations. We must be concerned with the quality of life of our constituents; focus on prevention instead of repression; provide value-added for small businesses by giving them green infrastructure; promote buying local, which stimulates the regional economy and reduces our greenhouse gas emissions; and there are many more examples. Together, we will build a fairer, greener and more prosperous Canada.

In conclusion, I would like to share a quote from Frédéric Back's film The Man Who Planted Trees. This film served as an inspiration to me in developing this bill. Here is an excerpt:

...It is a desert no more. In these [formerly] arid regions...magnificent forests have slowed the winds, retained water and restored life. All this is the result of the quiet perseverance of a single man.

On that note, I urge all members to vote in favour of my bill.

[Michel Bédard]

Thank you, sir.

I will go through the chart which I believe was distributed earlier this week. There were two items that were discharged from the order paper and no longer appear on the list that was distributed. I will identify them when we get to them.

The first bill is Bill C-481. This bill would amend the Federal Sustainable Development Act to require the Minister of Justice to examine bills and propose regulations to ensure they are consistent with the Federal Sustainable Development Act.

This bill does not concern questions outside federal jurisdiction. It is not clearly against the Constitution. It is not substantially similar to another private member's bill already voted on in the current session or already on the order paper, and it is not similar to a government bill already on the order paper.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

moved for leave to introduce Bill C-481, An Act to amend the Federal Sustainable Development Act (duty to examine).

Mr. Speaker, I am pleased to table in the House, in both official languages, a bill entitled “An Act to amend the Federal Sustainable Development Act”. The bill's summary reads as follows:

This enactment amends the Federal Sustainable Development Act to provide for an examination of bills and proposed regulations to ensure that their provisions are not inconsistent with the purposes and provisions of that Act.

This concept is very important to the people of Brome—Missisquoi and to all Canadians.

(Motions deemed adopted, bill read the first time and printed)