Chair, what we are voting on is clause 8, which says now, as amended:
The provisions of this Act apply to all decisions emanating from a federal source
We don't know what that means. The uncertainty of this bill is shocking; we're putting the cart before the horse. We're going to say “all decisions emanating from a federal source” without knowing what that means, or “related to federal land, aboriginal land or federal work or undertaking”—basically anything that actions can be taken by any resident or entity. Chair, it's exactly what we heard from the witnesses.
Just to refresh, what did the witnesses say? Mr. Huffaker, the vice-president of policy and environment for CAPP, said:
In our view, Bill C-469 is not good policy for Canada. We believe it is fundamentally flawed and we respectfully submit that it cannot be amended into good policy.
This is business. This is CAPP. This is the vice-president for policy and environment saying it should be scrapped.
The Chamber of Commerce said:
...the lack of legal clarity will chill any investment consideration.
A fundamental precondition of commercial development, wealth creation, and economic acceleration is that there is a rule of law that can be enforced and counted on so participants know what they have to meet, and that if they meet it they are acceptable. That is what we're asking for. We just want to know reliably what tests we need to meet. In my judgment, this bill fails that test completely.
I can go on and on. There are suggestions that the need for certainty is paramount. Here we go, moving forward on clause 8 as amended, with continued uncertainty.
The bill would also apply to decisions related to private, federally regulated industry. Where harm to the environment is a result of such a decision, a court proceeding may follow. This prospect would increase uncertainty for business interested in engaging in these types of activities.
Chair, what is the definition of federal source? The bill defines federal source as “a department of the Government of Canada”, “an agency of the Government of Canada or other body established by or under an Act of Parliament that is ultimately accountable through a minister of the Crown in right of Canada to Parliament”, or “a Crown corporation”.
Because the bill would apply to decisions emanating from these bodies, the bill would affect industries that are regulated federally and programs that are administered federally. It would also apply to many decisions made by the Minister of Indian Affairs and Northern Development related to reserve lands and first nations individuals. This is why we have huge concerns.
Chair, I'm not going to be making this motion, because we're down this pathway now. And that's why we're recording the votes. I'm shocked that we have the Bloc supporting legislation like this, which is going to be bad for Quebec, bad for our first nations. But we are going down this pathway.
I think I'll leave it at that, Chair, and look for comments from others.