Environment Committee on Nov. 3rd, 2014

[The Chair, Conservative, Harold Albrecht]

This is meeting number 35 of the Standing Committee on Environment and Sustainable Development. We are continuing our study of Bill C-40, an act respecting the Rouge National Urban Park.

Our witnesses today are, from the Regional Municipality of York, Mr. Ian Buchanan, manager; from the Altona Forest Stewardship Committee, Larry Noonan, chair; and from Rouge Park Alliance, Mr. Alan Wells.

We are going to proceed with seven-minute opening statements, following the order of Mr. Alan Wells, Mr. Buchanan, and then Mr. Noonan.

Following the three opening statements of seven minutes each, we'll proceed to questions from our committee members.

Mr. Wells, go ahead for seven minutes, please.

[Alan Wells, Chair, Rouge Park Alliance]

Thank you for the opportunity to speak to your committee today.

Rouge Park is a beautiful river valley, but back in 2008 when I joined the board the alliance had its problems. We carried out a review of all the aspects of responsibilities managed by the alliance. The issues faced by Rouge Park Alliance are best summarized by StrategyCorp, the consulting firm that assisted the board in carrying out this review. They said we needed a consolidated and well-defined land base, a comprehensive master plan, a funded implementation strategy, a functional governance model, and a known park brand.

The study focused mainly on governance and funding. The review team concluded that the alliance needed about $100 million over the next 10 years for both capital and operating expenditures. This was about 10 times its current level of funding.

The review evaluated eight park models, including a municipal park, a not-for-profit corporation, a branch of the conservation authority, a provincial park, or a national park, against the following criteria: funding, control of lands, authority, and expertise. The recommendation approved by the board of directors included support to create a national park. That report was circulated to each member municipality and the directors of each agency. They all supported the recommendations to transfer responsibilities to Parks Canada. The Province of Ontario, through a letter from the Minister of Natural Resources, also supported that recommendation.

It has now been over two years since the federal government included Rouge national urban park in its policy statements and budget. Over the last two years, Parks Canada has been involved in the transition planning to create Rouge national urban park. We can review how Parks Canada has addressed the major concerns experienced by the Rouge Park Alliance.

First, the federal budget now includes a 10-year plan with total expenditures of $143 million to manage the park, thus addressing our concerns.

Second, the federal government through Parks Canada has submitted clearly mapped boundaries. The proposed area also includes an expansion of approximately 4,800 additional acres known as the federal airport lands. This brings the total park area to over 14,500 acres.

Third, Parks Canada has shown its experience and expertise to operate Canada's first national urban park by placing a planning team on site, the members of which have been working with Toronto and Region Conservation Authority, the park's manager, community groups, and stakeholders to produce a draft management plan for consultation.

Parks Canada has recognized the complicated and sensitive issues of agriculture policy and plans. Building on the work done in 2010 by the Rouge Park Alliance, they have added agriculture to the park objectives. Until 2010 agriculture use was reflected only in park maps and never shown along with natural heritage, cultural heritage, and recreation as a key purpose of the park.

Parks Canada has continued to recognize agriculture as an important part of the park. The work has gained the confidence of the farming community both in the park and through regional farm organizations. Parks Canada has proposed plans that reflect the need to improve the trail system in the park. Draft trail plans included in the draft management plan build on the planning work recently done by the Rouge Park Alliance. The number of volunteer hike leaders has increased significantly over the last two years to 50 in total, and there is strong support for recreational users.

Over the last 20 years, cultural heritage through the preservation of historic buildings has been neglected due to a lack of funding and commitment. Parks Canada has the mandate, experience, and resources to address this issue and has included cultural heritage in Bill C-40.

My experience in seeing the work of Parks Canada in Dawson City, North Battleford, Halifax, and Fort William gives me the confidence to know that the protection of the cultural heritage of the park will be addressed.

Parks Canada is regulated by 10 different agencies responsible for such things as protecting against abusers of the park rules, as well as for regulations and firearms offences by illegal hunters and poachers. In the past, there were constant complaints by park users, and funders denied requests for additional staff. Since Parks Canada has been involved, there are now three uniformed park wardens on duty and ready to enforce the provisions of the act once it is passed.

Most importantly, Parks Canada understands how complicated it is to preserve and protect the natural heritage system in Rouge Park. This is a difficult task because the park also accommodates municipal infrastructure, private utilities, hydro lines, provincial highways, and federal railways. There are also private homes and businesses in Rouge Park. Despite these barriers, it is beautiful, meaningful, and a national treasure. It is appreciated by its neighbours and users. A national urban park will be appreciated by millions of potential park users in the GTA.

I am confident that Parks Canada will meet these challenges and carry on with its long history as one of the best park systems in the world. Our first national urban park will develop and maintain a healthy park that will still be “wild in the city”.

In closing, I would like to comment on two sections of Bill C-40. Under clause 6, I would recommend that the act be amended to clearly identify maximizing ecosystem health to the greatest degree possible. Under clause 8, I would like to recommend that the wording be changed to “the minister shall” from “the minister may establish a committee” to advise the minister. This change would ensure the continuation of the long tradition of full community participation in Rouge Park.

I hope that the government finds these to be friendly amendments and gives them consideration.

I thank you for your time today.

[The Chair, Conservative, Harold Albrecht]

Thank you, Mr. Wells.

I know that you had to shorten your comments from an expected 10 minutes to 7 minutes, and you did it very well. Thank you.

We'll move now to Mr. Buchanan, from the Regional Municipality of York.

Mr. Buchanan.

[Ian Buchanan, Manager, Natural Heritage and Forestry, Environmental Promotion and Protection, Regional Municipality of York]

Mr. Chair and members, thank you for the opportunity to provide a municipal York region perspective on Bill C-40, an act respecting the Rouge national urban park.

My name is Ian Buchanan. I manage the natural heritage and forestry programs for the Regional Municipality of York in the environmental promotion and protection branch of environmental services.

I would first like to commend the Government of Canada for their vision, strong leadership, and innovation in the commitment to Bill C-40 and advancing the management of a unique park, the first of its kind, Rouge national urban park.

To tell you a bit about myself first, I worked as a professional ecologist in the Rouge watershed and surrounding area for more than 25 years. I worked with the Ontario Ministry of Natural Resources in York and Durham regions as ecologist, supervisor, and provincial lead for fish and wildlife management in the greater Toronto area. I worked restoring the Rouge watershed for decades, and have been involved with the Rouge Park since its inception. With the Regional Municipality of York, I chaired the Rouge Park natural heritage committee for seven years and participated on the Rouge Park Alliance as an alternate. I'm York region's current designate at the Rouge national urban park landholders table.

Having been actively involved with environmental decision-making in this urbanizing landscape, I have well-grounded experience with the challenges and the complex realities, but I am also aware of the significant opportunities for the protection and restoration of our rich natural heritage

York Regional Council is a long-time supporter of Rouge Park, and is very encouraged by Bill C-40 and the steps taken by Parks Canada to advance park management on a collaborative and integrated platform.

Regional council has stated four priorities of paramount concern. The first is growth management, ensuring sustainable growth with livable communities, viable businesses, and economic development opportunities. The second is infrastructure delivery, protecting existing and future infrastructure, providing critical services for communities, and supporting sustainable growth. The third is agriculture: 38% of lands in York region are devoted to farming. Protecting agriculture and the agriculture industry, and providing new opportunities for near urban markets, is a priority. The fourth is sustainable natural environments: 69% of all lands in York region fall under either greenbelt or Oak Ridges Moraine designation. Protecting and restoring habitats and linkages, as reflected in our proactive official plan for natural environment policies and aligned with our greening strategy on-the-ground action, is a priority.

I will now focus specifically on the importance of growth management and infrastructure. The GTA is the fastest-growing region in Ontario, with a projected population of 8.9 million people by 2036. York region, with our nine local municipal partners, is part of a broader economic region where over six million people live, work, and play. York region is called home by 1.1 million people; I'm one of them. In accordance with the province's Places to Grow Act, our population will increase to 1.8 million by 2041. Today almost one third of our residents reside in the city of Markham, on the park's doorstep.

Rouge national urban park is being established within an existing urban area: 68% of the park is in York region. The park represents 16% of the city of Markham. The park stretches from Lake Ontario northwards as a wide band along the eastern margin of the city of Toronto and up into York region, to the southern edge of the town of Whitchurch-Stouffville at the base of the Oak Ridges Moraine. This area is strategically important for wildlife habitat and connectivity, but it is also strategically important for urban areas and supporting above- and below-ground infrastructure. The region has invested billions of dollars in critical infrastructure supporting those communities. This includes transportation corridors and water and waste water infrastructure, among other things. These assets support healthy communities, economic vitality, and environmental sustainability.

We are very pleased that provisions for supporting growth and protecting existing and future infrastructure are clear in Bill C-40 and are captured in the Rouge national urban park concept plan 2012, land transfer memorandums of agreement, and current draft management plan policy framework.

It is encouraging that Bill C-40 presents clear direction in key areas, specifically clauses 4 and 6 dealing with the park's establishment and management; recognizes the unique setting; and reflects a multi-purpose focus, including natural and cultural heritage, farming, and an emphasis on healthy ecosystems, which we feel is the right balance. Parks Canada, municipalities, and partners have demonstrated a commitment to protecting and restoring the natural environment. York Region has recently invested $6.5 million in the park, creating wetlands, grasslands, forests, and trails connecting people with nature.

Clauses 8 to 11, dealing with the advisory committee and the management plan, support collaborative decision-making. Clauses 12 and 16 allow for clearing of lands and disposition of lands in support of maintenance activities and the installation of future infrastructure.

ln closing, Bill C-40 provides clear direction and a strong legislative framework and foundation for the park, including providing more protection than has ever existed in the Rouge's history. lt enables environmental protection and restoration, and supports farming while providing for growth management and infrastructure delivery. The legislation is sensitive to the urban context and promotes a collaborative and integrated approach.

The Rouge national urban park is a unique opportunity. People and healthy communities are an integral part of this ecosystem. The overall balancing of interests is part of the success and future of this one-of-a-kind park.

Thank you.

[The Chair, Conservative, Harold Albrecht]

Thank you, Mr. Buchanan.

Now go to Mr. Larry Noonan, Altona Forest Stewardship Committee.

Mr. Noonan.

[Larry Noonan, Chair, Altona Forest Stewardship Committee]

Thank you, Mr. Chair.

My name is Larry Noonan, and I am honoured to be here today to talk about Bill C-40.

I am the chair of the Altona Forest Community Stewardship Committee. Altona Forest is a preserve in Pickering that has provincially significant status. Our committee has designed more than six kilometres of interpretation trails in the forest, along with guides and maps. Among other projects, we have restored one wetland and created another wetland, which has resulted in the natural return of five species of amphibians into the forest. Altona Forest is very close to the Rouge and has a connection to the Rouge Park Orchard Trail via a hydro corridor.

I have contributed to the City of Toronto and Pickering environmental initiatives, served on the Rouge national urban park trails committee, and I am presently researching aboriginal connections to the Rouge and interviewing residents of the Rouge watershed. Some of these families have been there for over 150 years. Some arrived in Conestoga covered wagons. The purpose of these interviews is to preserve their stories as part of the cultural heritage and farming tradition of the Rouge watershed and the new national urban park. I am very happy to see that both the cultural heritage and the farming communities of the new park are encouraged and supported by Bill C-40.

My connection to the Rouge started around 40 years ago, while visiting to see fall colours and skiing at Caper Valley. About 30 years ago I started hiking in the Rouge, and over the last several years I have made it a point to hike at least once a week on one of the Rouge trails. I lead adult groups and school classes into the Rouge Valley for enjoyment and studying the environment. The latest group of hikers consisted of 55 students in grade 7, on October 22 of this year.

The previous stewards of the area have done a fine job in preserving much of the environment of the Rouge while restoring sections and assembling watershed land to include in the park. However, the time has come to place an additional level of protection on the Rouge watershed, along with new stewards who have the experience and funding to make a great positive impact on the park. I have been involved in planning processes of parks, trails, and other environmental initiatives, but rarely have I seen such extensive consultations with the public and stakeholders and regular visitors to the Rouge as I have seen done by Parks Canada. The legislation reflects this thorough consultation process.

Some people have questioned why we need a different act for the Rouge. The Canada National Parks Act covers wilderness and near wilderness parks, such as Bruce Peninsula and Banff, which have small settlements inside a large park and little fragmentation and urban infrastructure. The Rouge national urban park’s wilderness sections are fragmented by many things, from highways to villages to gas pipelines to the largest former garbage dump in the greater Toronto area. When examined in this way, it is clear that a new act is needed for urban national parks, one which contains sections such as definitions, strategies, and timelines that are appropriate for this unique position as a park inside an urban setting.

Some people have asked why the term ecological integrity is not in the act. The Canada National Parks Act states that “ecological integrity” includes “supporting processes”. As a further clarification of part of this definition, Parks Canada defines “ecosystem processes” as “the engines that make ecosystems work; e.g. fire, flooding...”.

Ecological integrity cannot be applied to an urban national park. We cannot allow fires and flooding in the Toronto, Markham, and Pickering urban environment. The Rouge national urban park act cannot have this term included, or there would have to be a list of exceptions to the definition which could serve to lessen its impact in the Canada National Parks Act. Instead, Bill C-40 refers to “the maintenance of its native wildlife and of the health of those ecosystems”. The Rouge national urban park and the management plan lay out strategies for attaining the highest possible level of health for the park's ecosystems.

The Province of Ontario has asked that the new legislation meet or exceed existing legislation or other protections. Bill C-40 does this. For example, in the protection and recovery strategies for species at risk, the Rouge Park management plan of 1994 states that “rare species will be monitored. Specific protection or recovery programs to ensure their continued presence in the park may be undertaken as necessary”. This is moderate protection at best.

Clause 60 of Bill C-40 amends the Species at Risk Act, subsection 58(2), to include the Rouge National urban park and, by this, gives the plants, animals and ecosystems of the Rouge National urban park the full protection of the Species at Risk Act.

Section 6 of that act states:

The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of wildlife species that are extirpated, endangered or threatened...and to manage species of special concern to prevent them from becoming endangered or threatened.

Paragraph 7(2)(a) states that the appropriate ministers must provide the preparation and implementation of action plans.

Through the connection with the Species at Risk Act, Bill C-40 requires immediate action to identify species at risk and implementation of recovery strategies, and not just monitoring, or action may be taken. As an example of how this will work in the future, on June 30, 2014 Parks Canada, along with the Toronto Zoo, the Toronto and Region Conservation Authority, and the environmental group called Earth Rangers, took action and reintroduced 10 Blanding's turtles—a provincially and nationally threatened species—into the Rouge.

A common concern about the Rouge Park as it is now is that policing and enforcing of rules is not practical under the existing management. Clause 23 of Bill C-40 provides for policing, and wardens have already been hired and are making themselves familiar with the park. However, they have no authority until Bill C-40 is passed. Then policing will be visible and active in the park every day. This, along with consequences outlined in Bill C-40, makes policing far better than exists now. It is clear that the legislation in Bill C-40 exceeds safeguards developed to protect the park.

Another concern raised in the local newspaper was the place of farming in the Rouge. One quote that particularly upset many farmers was that the interests of a few people are being put above the interest of the public.

Bill C-40 supports the farming community, and so, it appears, does the Ontario government. In reply to an e-mail to Brad Duguid, Ontario’s Minister of Economic Development, Employment and Infrastructure, about farming in the Rouge, I received the following reply from his office: “We also want to ensure the Rouge Park acknowledges the important role of agriculture in the development of southern Ontario and that agriculture remains an on-going activity in the park.”

For the protection of the Rouge Park, I hope that Bill C-40 is passed sooner rather than later.

Thank you

[The Chair, Conservative, Harold Albrecht]

Thank you, Mr. Noonan. I cannot resist noting your comment about some arriving in Conestoga covered wagons—which, of course, member from Kitchener—Conestoga would have to mention. So thank you for that.

Thanks also to all of you for being well within your time frame. It's much appreciated.

We'll move now to the government side. Mr. Chisu has the first question.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Thank you very much, Mr. Chair. Thank you very much to the witnesses for their thorough testimony. I enjoyed hearing it and learned a lot of things.

I live very close to the lower Rouge Park. My family and I have enjoyed the park for the last 25 years, and I was delighted that I was able to participate actively in the historic event of the introduction of Bill C-40 that finally will make the park a national treasure close to the largest city of Canada, giving access to 20% of the Canadian population.

I have one general question for all three of you. Do you think the government's bill, Bill C-40, strikes the right balance for the Rouge Valley?

[The Chair, Conservative, Harold Albrecht]

We'll start with Mr. Wells, and we'll move down if you all want to respond.

[Alan Wells]

Thank you.

Does it strike the right balance? I think it does in one respect certainly, that it is balanced. It recognizes the importance of the natural heritage in protecting the park. It also recognizes that farming is an integrated and major part of the activities. It also talks in terms of protecting the heritage and history of the park, along with recognizing the ability to expand visitor appreciation within the park.

Of course, from my own interest too, as the person who formerly had to try to find the funds to operate the park, I will say they have certainly recognized that these are important priorities and have included in the budget significant funds to operate all the major activities.

[The Chair, Conservative, Harold Albrecht]

Mr. Buchanan.

[Ian Buchanan]

Through you, Mr. Chair, I absolutely feel it is the right balance, as mentioned earlier.

I further know it's the right balance from listening to the previous witnesses. Some individuals are striving for a little more agriculture, a little more environment, and some of my engineering fraternity back at work want a little more for the infrastructure side.

It is the right balance. The language in the legislation and the draft “Rouge National Urban Park Management Plan” outline a collaborative framework.

I feel that the Rouge Park previously had an incredible foundation, with hard work and the right approach to saving the landscape. That trajectory is not sustainable moving forward. It needs to be a much more collaborative approach, and that is the backbone of this legislation.

[The Chair, Conservative, Harold Albrecht]

Mr. Noonan.

[Larry Noonan]

I would agree with Ian and Alan and say that it is the right balance, particularly where it's located. An urban national park has to be different by nature from a regular national park, and because of that you need the balance of those three aspects.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Thank you very much.

We were all surprised and disappointed, at least on this side of the room, when we learned on September 3, through the media, that the Ontario Minister of Economic Development, Employment and Infrastructure, the Honourable Brad Duguid, was recommending to his caucus colleagues that the Liberal Government of Ontario not support the transfer of provincial land into the Rouge national urban park.

Did you have any indication through your discussions with the Government of Ontario that there were problems in securing support for the creation of this park? That question is for all three of you, please.

[The Chair, Conservative, Harold Albrecht]

I think that a yes or no would probably be adequate.

Mr. Wells.

[Alan Wells]

I was very surprised. Based on my experience, when I was the chair working.... I was appointed by the Minister of Natural Resources, who is now the Mayor of Brampton, and there was great support for the park from that ministry and her colleagues in the the GTA caucus. So I was quite taken aback by that letter.

[The Chair, Conservative, Harold Albrecht]

Mr. Buchanan.

[Ian Buchanan]

As the designate at the Landholders Table, I was completely surprised.

[The Chair, Conservative, Harold Albrecht]

Mr. Noonan.

[Larry Noonan]

I was surprised, shocked, and saddened by that recommendation.

[The Chair, Conservative, Harold Albrecht]

Mr. Chisu.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Thank you very much.

To all three of you, do you think that the environmental protection under this bill is stronger than the Province of Ontario's policies?

[Alan Wells]

I'm not sure if it's stronger. I certainly think, from what I understand, that it meets the concerns that were expressed by the province in the memorandum of agreement. And certainly the reputation that Parks Canada has in implementing parks throughout Canada has set a standard second to none in Canada.

[Ian Buchanan]

I think we have to be careful in talking about legislation to legislation, and policy to legislation. I look at the package of Bill C-40 and the policy framework and I believe that package is stronger as a whole than anything previously on the table.

In addition, I have 15 years of environmental enforcement background at three different levels of government, and what was sadly lacking among all of the framework of legislation in the past was that there was no one window for environmental protection. There were multiple layers and people didn't know who to turn to about what activities were taking place. The one window is a blessing for the Rouge Park.