Bill C-57 (Historical)

An Act to amend the Federal Sustainable Development Act

This enactment amends the Federal Sustainable Development Act to make decision making related to sustainable development more transparent and subject to accountability to Parliament.

Motions in amendment

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I appreciate the chance to speak to this bill. It is very important that we strengthen sustainability legislation in this country. We have taken a few baby steps forward, but regrettably, this bill has not gone far enough. It is not enough for the government to simply say the word “indigenous”, say it cares about indigenous people, and then not take the step it promised, which is to actually incorporate that declaration into the law of the land.

It is important at the outset to recall that the Federal Sustainable Development Act was initiated in 2008 as a private member's bill with, frankly, much stronger measures. It was transformed by the then Liberal government into the law as it exists today. Second, it is important to recognize the earlier decision in 1995 to create of the office of the commissioner of the environment and sustainable development within the Office of the Auditor General. A requirement was also imposed on departments to prepare and table sustainable development strategies. The commissioner was mandated to audit and publicly report on the government's delivery on these responsibilities. During the 1990s, a cabinet directive was also issued requiring ministers to provide an environmental assessment of any policies, plans, or proposals submitted to cabinet. As my colleague mentioned, that would include pipeline approvals.

In 2015, Canada joined other nations in signing a United Nations resolution, “Transforming our world: the 2030 Agenda for Sustainable Development”. This agreement committed the signatories to take bold and transformative steps that are urgently needed to shift the world onto a sustainable and resilient path. Two months later, Canada also committed, in Paris, to deeper actions to address climate change.

Finally, Canada has declared its commitment to the United Nations Declaration on the Rights of Indigenous Peoples, which I will refer to as the UNDRIP from now on, much of which deals with the indigenous right to self-determination, including on resource development, environmental protection, and sustainability.

Over the past decades, consecutive audits by the commissioner have reported abject failure by departments and ministers alike in incorporating credible environmental or sustainable development assessments for decision-making. It is similarly noteworthy that as recently as this past spring, after the tabling of Bill C-57, the commissioner delivered a highly critical audit on the government's commitment to implementing the UN 2030 agenda for sustainable development goals, finding no federal governance structure, a narrow interpretation of sustainable development, limited national consultation and engagement, no national implementation plan, few national targets, and no system to measure, monitor, and report on national targets. It was a very scathing review.

It is important, then, in assessing Bill C-57, to determine if these proposed reforms to the act brought before us today are sufficient to update Canadian law to ensure delivery of our international and domestic commitment to ensuring sustainability.

A year before the bill was introduced, the Standing Committee on Environment and Sustainable Development led a study of a draft federal sustainable development strategy, as required by law. The result was a series of recommendations presented to Parliament to strengthen this very law and the process of applying it. Last fall, the Minister of Environment tabled Bill C-57 to amend the act. The bill was debated and then referred back to the committee, which again undertook a study and reported back a number of recommended amendments. On behalf of my party, I proposed a series of recommended amendments, for the most part based on recommendations from the commissioner, experts heard at committee in both of its reviews, and the committee itself. Regrettably, almost all of them were refused, despite having been put forward by the committee itself in its earlier study.

Among my proposed amendments was that the bill provide specific reference to a commitment to the UNDRIP. Why did I propose this? The Prime Minister has committed to deliver on all 94 of the calls for action issued by the Truth and Reconciliation Commission, including calls 43 and 44, which call on the federal government, in fact all orders of government, to fully adopt and implement the UNDRIP as the framework for reconciliation and to develop a national action plan, strategies, and other concrete measures to achieve those goals. Clearly, one of those measures would be to include the UNDRIP in this law.

In her address to a conference on implementing the UN declaration, in November of last year, the Minister of Justice stated:

With the direction and leadership of [the Prime Minister], our government will support Bill C-262. The bill acknowledges the application of the UN declaration in Canada and calls for the alignment of the laws of Canada with the UN declaration.

It could not be clearer. This address was made to the Assembly of First Nations, and it interprets that as meaning that the UN declaration will now be incorporated into every federal law going forward.

The government has publicly stated its support for Bill C-262, tabled by my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou, which calls on the government to enact the UNDRIP in Canadian law.

This directive by the Prime Minister is clear: all Canadian laws must be written and applied to align with the UN declaration. The federal commissioner of the environment and sustainable development recommended to the Standing Committee on Environment and Sustainable Development that it seek amendments to Bill C-57 to specifically include the UNDRIP. Again, it came from our federal commissioner.

Any reasonable person would conclude, therefore, that failing to reference the UNDRIP in the bill was just an oversight. Perhaps no one advised the minister that her Prime Minister, her justice minister, and the commissioner had recommended exactly this action. Therefore, it appears well-founded that I table this exact amendment. After all, the government's intent was clear.

What was the response by the majority Liberal-led committee? It voted down this amendment. One wonders, of course, why the Minister of Environment had not made this reference herself in the bill, but there we are: no support for inclusion of the UNDRIP in our nation's sustainable development law, which is supposed to guide all decisions on policy, programs, and law going forward.

There is no commitment to entrenching indigenous rights, but what about the other recommended measures to strengthen the bill? In testifying before the committee, the commissioner expressed appreciation that the minister had heeded the advice of the committee to incorporate into the law at least some of the recommended guiding principles, such as intergenerational equity, the precautionary principle, and polluter pays. Other recommended principles, including environmental justice and the right to a healthy environment, were not included.

The commissioner expressed concern that additional international commitments critical to sustainability remain missing from the bill. These include, for logical reasons, the United Nations agenda 2030 on sustainable development goals and the Paris climate convention.

During its review in advance of Bill C-57, the standing committee sought advice from a number of leading Canadian and international experts on sustainable development on ways to strengthen the federal resolve to deliver on sustainable development. These included, as mentioned, the current commissioner of the environment and sustainable development and the head of the International Institute for Sustainable Development, who was also the former commissioner. It also included Welsh and German experts on sustainable development, Global International, and the World Future Council. Clearly, the committee heard advice from a wide array of expertise on sustainable development.

A widely supported recommendation was to shift to a whole of government approach in instituting sustainability considerations in government decision-making by incorporating into law measures to improve enforceability and accountability on the sustainable development targets, appointing more senior-level authorities to provide oversight, and entrenching the cabinet directive in the statute. The minister chose not to follow this sage advice

These recommendations were repeated by the federal commissioner when testifying before the committee. She reiterated her call to shift the oversight role from a junior-level officer in the environment department to a central agency. It is no surprise why she came to this conclusion. As mentioned earlier, audits delivered over the past several decades reported abject failure across authorities, including the departments of environment and Public Safety, to comply with the law. Her fall 2017 report found a mere 20% compliance rate by the five departments audited.

As recently as this spring, the commissioner reported that the government has no federal government structure, a limited interpretation of sustainable development, and no system to measure or monitor sustainable development.

I would welcome questions and just share that I am deeply disappointed. This was an opportunity to strengthen the resolve of the federal government--

[The Assistant Deputy Speaker, Carol Hughes]

Unfortunately, time is up. Questions and comments, the hon. Parliamentary Secretary to the Government House Leader.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, there is something in the legislation that many indigenous people would see as a strong positive, and that is that it would mandate representation on the development advisory committee, which would ensure that there would be a strong indigenous factor. When we think of ongoing development into the future, one would think that would be a strong positive.

I am wondering if my colleague could provide her thoughts on that aspect of the legislation, which is an important part, because the advisory council, in good part, would provide strong leadership going forward with respect to this legislation and beyond.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

I am sorry, Madam Speaker, but to appoint indigenous representatives to an advisory council to ensure delivery of a bill, when the government refuses to incorporate and entrench its obligations under the UNDRIP, is a vacuous measure.

Of course, it is terrific that we are adding indigenous members to advise the government. This should be happening across the board, but the government is refusing in this legislation, and refusing in its omnibus environment bill, to specifically make the UNDRIP binding on the government. Indigenous members will be there, but they will not have a law to hold the government accountable.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I thank my friend from Edmonton Strathcona for her tireless work on environment and climate issues.

I want to ask my colleague about the potential to find something positive in the bill.

I have been just appalled by the lack of advisory bodies for the Liberal government. Let me give a quick review. We used to have in Canada the Economic Council of Canada, which existed from 1963 until the 1990s. The Science Council of Canada existed from the 1960s until the early 1990s. The Canadian Environmental Advisory Council existed from the early 1970s to the early 1990s. All three were abolished in the early 1990s, because the government created the National Round Table on the Environment and the Economy. We were told that we did not need the Economic Council, the Science Council, or the Environmental Advisory Council anymore, because we had the National Round Table on the Environment and the Economy, which, in the spring of 2012, was killed in the Conservative omnibus budget bill, Bill C-38.

Nobody seems to be aware of the paucity of basic research and the combining of themes around sustainable development that we used to take for granted.

This is a pretty weak instrument we have in proposed subsection 8(1) of this legislation. We have a Sustainable Development Advisory Council, which I think has potential, but it has to be properly funded. The Liberal government needs to see the potential to replace all those bodies we used to have that gave us good advice.

I wonder if my friend from Edmonton Strathcona thinks that is something we should push ahead with in Bill C-57.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, what my colleague did not mention is that the Conservative government also got rid of the Law Reform Commission. I was advising it on environmental laws at the time the government struck it off, too. It would be nice to bring back all of those entities.

It is a vacuous opportunity to advise on a bill that is not a strong bill. It would be important that UNDRIP, the right to a clean, healthy environment, and the right to environmental justice be principles in the legislation and that UNDRIP be made binding. Those who sit on the advisory council could then hold the government's feet to the fire on the fact that it was not delivering on those binding obligations.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, one of the most disappointing aspects of the government on the environment file is that when it came to power, it adopted the Stephen Harper climate change targets, and then the Prime Minister went to Paris and signed the Paris accord commitments. We are not on track as a country even to meet the weak targets the Stephen Harper government met, never mind the targets of the Paris accord, which obligates Canada to meet a 30% reduction over 2005.

I am wondering if my hon. colleague could comment on where Canada is at in terms of actually meeting Canada's climate change commitments, which, after all, are the basis for sustainable development.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, that is where the rubber hits the road. Sustainability means that we are actually delivering on all of the commitments we made, including on climate. As I mentioned, the government also failed to reference the Paris Agreement in this, which kind of tells us how committed the Liberals really are to it and that we cannot, therefore, hold them accountable.

We need to point out that the law says what the law says, but what the commissioner is saying clearly is that the government has failed abjectly over decades to deliver on its obligations to do an assessment of all programs, policies, and decisions, including decisions on major resource projects such as dams, pipelines, and mines.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I would like to speak about how our government's priorities and Bill C-57 align with the core principles underpinning the sustainable development goals and support the overarching philosophy of the 2030 agenda to leave no one behind. For Canada, leaving no one behind means that everyone can participate in, contribute to, and benefit from the achievement of the sustainable development goals.

The 2030 agenda is an informative agenda rooted in the principles of universality, inclusiveness, interconnectedness, and the need for meaningful partnerships that deliver positive change for all. It commits all countries irrespective of their income levels and development status to contribute to the comprehensive effort toward sustainable development.

As Canada's Prime Minister said in his address to the UN General Assembly in September 2017, “the SDGs are as meaningful in Canada as they are everywhere else in the world”. The 2030 agenda seeks to benefit all people in need, in a manner that targets their specific needs and vulnerabilities. To do so, the 2030 agenda calls for inclusiveness and participation by all segments of society irrespective of race, gender, ethnicity, and identity. This generates an unprecedented demand for diverse regional and local understanding of community-based issues and robust data.

For instance, we know that while drinking water in Canada is among the safest in the world, access to clean water and sanitation remains a challenge in on-reserve first nation communities. This is why clause 5 of the bill, which addresses the composition and mandate for the Sustainable Development Advisory Council, is so important. Clause 5 seeks to increase the number of indigenous representatives on the council to better reflect the indigenous groups represented and the broad range of challenges they face across Canada.

This directly supports our efforts to forge a new relationship with indigenous peoples based on recognition of rights, respect, co-operation, and partnership. Clause 5 also seeks to reflect the diversity of Canadian society by taking into account demographic considerations, such as age and gender, when appointing representatives to the Sustainable Development Advisory Council. Gender equality and the empowerment of women, for example, are foundational pillars of Canada's leadership in the fight against climate change. We are enhancing our gender-based analysis across all areas of work on environment and climate change to ensure that our actions promote gender equality.

To further support diversity and inclusion in the Federal Sustainable Development Act, clause 5 provides that representatives appointed to the Sustainable Development Advisory Council may be reimbursed reasonable expenses incurred so they can meet as a council face to face. Council members would only be reimbursed for expenses incurred under the Treasury Board Secretariat travel directive. This directive applies to public service employees and other persons travelling on government business, and its purpose is supported by clause 5, which would ensure fair treatment of those required to travel on government business. The travel directive provides for the reimbursement of reasonable expenses necessarily incurred while travelling on government business, and does not constitute income or other compensation that would open the way for personal gain. The ability to meet face to face will enable more fair and effective engagement of the council.

The 2030 agenda rests on the interconnected nature of its goals. For example, ensuring access to clean water and sanitation supports the achievement of zero hunger and good health and well-being, by providing clean water to grow food and eliminating potential sources of disease.

To support the principles of interconnectedness, clause 5 provides that the Sustainable Development Advisory Council may advise the Minister of Environment on any matter related to sustainable development. Given that it was previously limited to reviewing the draft of the federal sustainable development strategy only, this will help to ensure that the core elements of sustainable development—social inclusion, economic growth, and environmental protection—can be further examined to ensure timely and meaningful advice to the minister.

All Canadians, including all levels of government, indigenous peoples, civil society, and the private sector, have a role to play in advancing the sustainable development goals and ensuring that no one is left behind.

In 2016, our government undertook an extensive consultation process to review our international assistance policy. Canadians showed strong support for the themes and issues addressed by the sustainable development goals. Canadians want to support the health and rights of women and children, to ensure peace and security, to provide clean economic growth and climate change, and protect governance, pluralism, diversity and human rights.

Responding to this consultation, Canada's feminist international assistance policy supports targeted investments, partnerships, innovation, and advocacy efforts with the greatest potential to close gender gaps and improve everyone's chances for success. As we implement the policy, we will strengthen our priorities through working in areas such as gender equality and the empowerment of women and girls, human dignity, and growth that works for everyone.

Domestically, we have already begun to respond to the challenge of the 2030 agenda and the sustainable development goals through the 2016-2019 federal sustainable development strategy, our plan to promote clean growth, ensure healthy ecosystems, and to build safe, secure, and sustainable communities over the next three years.

The strategy presents 13 aspirational goals that are a Canadian reflection of the SDGs of the 2030 agenda, with a focus on their environmental dimensions. Our goals are supported by medium-term targets, short-term milestones, and clear action plans. Currently, 41 federal departments and agencies contribute to meeting our targets and advancing our goals. Our strategy was shaped by input from stakeholders and Canadians, and it recognizes the important role that our partners and all Canadians play in achieving sustainable development.

Recognizing the complex nature of coordinating the SDGs, budget 2018 announced $49.4 million over 13 years to establish a sustainable development goals unit to provide overall policy coordination and to fund monitoring and reporting activities by Statistics Canada. To facilitate meaningful engagement, budget 2018 also provided up to $59.8 million over 13 years for programming to support the implementation of the sustainable development goals. This means the development of an ambitious, whole-of-Canada national strategy, in consultation with provinces and territories, indigenous peoples, municipalities, universities, and civil society, to catalyze action across the country, build public awareness, and foster new partnerships and networks in advancing the sustainable development goals.

Many Canadian priorities, such as taking on climate change, clean energy, and oceans, growing and strengthening Canada's middle class, reconciliation with indigenous peoples, and advancing gender equality, already support the 2030 agenda. However, we know there is more work to do to ensure that no one is left behind. Canada's efforts to implement the 2030 agenda to date will be showcased this July at the UN high level political forum on sustainable development in New York, where we will present our first voluntary national review. Canada's voluntary national review will highlight our efforts and achievements to date, recognizing areas where more work is needed.

In conclusion, the sustainable development goals can only be achieved if everyone is on board. This is a Canadian agenda, a shared agenda, and an agenda that calls for all hands on deck. We strongly believe that Bill C-57 is in lockstep with our commitment to a more sustainable and prosperous future for all.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, I thank my colleague for his comments, but find some of them a little ironic. He talks repeatedly about drinking water, clean water and sanitation, clean energy, and clean oceans, and yet the environment minister, shortly after she was appointed in November of 2015, authorized the dumping of eight billion litres of raw sewage into the St. Lawrence River, and just this February, another 43 million litres of raw sewage from Quebec City. How can the member stand in the House and talk about the commitment of the government to environmental cleanliness, especially when it relates to water, when these kinds of issues are ongoing in our country.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, the question is about something that is completely unrelated to the bill. Nonetheless, I will take a stab at trying to answer it.

When the minister has to make these extremely difficult decisions that no one wants to get involved in, she has to work with the infrastructure that has been built in the country today. She is working with the infrastructure that the previous government had been supporting.

The approach the member is taking is extremely short-sighted. Most Canadians, I am sure, are aware that our government is focused squarely on making sure that all first nation reserves have access to clean, safe drinking water. It is a commitment we made during the election, and it is something we are starting to see being delivered. Perhaps that is why the Conservative member is concerned, because we are able to deliver on something that they, quite frankly, could not.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I would like to thank—

[Sylvie Boucher, Conservative, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

That is just about the only commitment you will be able to deliver on, that and pot. It is very interesting.

[The Assistant Deputy Speaker, Carol Hughes]

Order.

The hon. member knows full well that she is not to speak when someone else has the floor, but it seems she needs a reminder.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, the concerns remain and, indeed, have been raised by the Liberals' very own Commissioner of the Environment and Sustainable Development .

She made some strong recommendations backed up by global organizations that deal with sustainable development and a number of world experts. Their recommendations were based on Canada's abject failure, under both Liberal and Conservative governments, over the decades to deliver on what it has promised to do, and not just under this law but under a cabinet directive that was issued in 1995.

The strong recommendation was that instead of having a low-level official buried within the Department of Environment providing the oversight, to appoint a senior central authority so that all ministries deliver on these commitments. Why has the minister not delivered on this, but is leaving to a junior official the responsibility to tell the Department of Public Safety, the Department of Defence, the Department of Natural Resources that they should start delivering on their legal obligations?