Madam Speaker, I am pleased today to rise to speak on the amendments, some of which I brought forward and one of which has been brought forward by a member of the Reform Party.
The amendment process of Bill C-56 that is in front of us today will give us a good indication of the seriousness with which the government wishes to approach the process of developing the best environmental assessment legislation that we possibly can.
A lot of testimony was heard before the committee studying the bill. Among that testimony were many clauses of the original bill that are not discussed under Bill C-56 today but are matters which require attention in any case. I am hoping that we will have some opportunity in the future to address some of the additional concerns that we are unable to deal with in this bill.
Also among the testimony of the witnesses before the committee were matters relating to the concept of an independent decision-making process. That is what the first amendments I proposed today deal directly with. First, these amendments ensure that the concept of independent decision-making is included in the section outlining the purposes of the act to make things perfectly clear. Second, they ensure that the decisions are consistent with the recommendations of the assessment panel and are treated seriously by giving the necessary authority to the responsible authorities.
The concept is not a new one. It is one that has already been recognized by the Liberal Party which, prior to being elected, made certain promises to the Canadian people in regard to the environment. These promises contained in the now famous red book include the following: "Under a Liberal government the Canadian Environmental Assessment Act will be amended to shift decision-making powers to an independent Canadian environmental assessment agency subject to appeal to cabinet".
In Bill C-56 the only amendments the Liberals have brought forward to the Canadian Environmental Assessment Act fail to create this independent decision-making body. In fact one could argue that they do almost the opposite because the government bill amends the act to give cabinet, referred to as the governor in council, the ability to amend the panel reports and then gives it
the final say on the panel report. Certainly cabinet cannot be considered an independent decision-making agency.
There are all too many examples where government departments and even ministers are the proponents of projects which would sooner see the recommendations of an independent assessment panel disappear than have them implemented. The possible conflict of interest with cabinet or between federal and provincial governments is altogether far too likely to go unaddressed.
On the other hand it is important to recognize that elected governments must be held accountable for their actions and they must be given the power to act when the interests of the electorate, the Canadian people, the citizens of Canada, need protecting.
I recognize that at the end of the day the government is responsible for its actions or the actions of those operating in its name.
Therefore in writing the amendment before us I have tried to establish the framework for independent decision-making, that is establishing the independence of the assessment panel.
At the same time, I want to express my support for the concept of an appeal of this decision to cabinet. I tried to incorporate the idea of appeal into my amendment but it was ruled out of order by the legislative counsel before it appeared on the Order Paper. Therefore I had to rewrite my amendment in a way that would fit the needs of the legislative counsel rather than the needs that I really wanted to bring forward here today.
I was told that the idea of an appeal to cabinet was not consistent with the government's intent in Bill C-56, but I want the government to realize that although my amendments do not specifically allow for the appeal to cabinet of a panel decision or of a cabinet decision, I am willing to accept an amendment in the future, another bill that the government may wish to bring forward.
I am willing to accept an amendment that would incorporate an informal appeal process. It would be easy to do with reference to the fact that any person who participated in a mediation or a panel review in respect of a project could appeal to the governor in council any or all of the findings or recommendations set out in the report.
I want to make clear that accepting my recommendations today does not preclude a further amendment by government in the future to ensure that the appeal process exists and to give the protection that the government may think is necessary by government.
In the meantime, it is absolutely imperative that the legislation ensure the independence of the process. I think only the support of my motions today would ensure that. It is worth noting that the concept of independent decision-making is already accepted and practised in other areas of federal government activity.
Perhaps the best known example of the process, although it is somewhat different, there are similarities, exists within the mandate of the CRTC. It exists basically at arm's length from government. It issues orders that are basically binding on those applications that have been made before it.
However, there is an appeal process of sorts that allows the cabinet to make decisions on appeal. In the testimony heard during the committee study of the bill before us, officials from the Federal Environmental Assessment Review Office, FEARO, admitted that the current process requires that every decision of an assessment panel is not actually final until such time as the cabinet responds to it.
They also admitted that cabinet is not required to respond within any specific period of time. Therefore it is fairly easy to say that cabinet could take an infinite amount of time to respond to any report or any recommendations contained in a report from an assessment panel or from a mediation review.
We are already aware that cabinet, when it is not supportive of a panel decision or indeed parliamentary decisions, and I give the example of Bill C-13, the legislation that required more than two years to be proclaimed because of arguments received in cabinet over the regulations, as an example of how cabinet can delay matters for a long period of time.
Actually, the Indian lands claims process is also one in which cabinet has indicated that it is prepared to take its time on reviewing a decision that it is not altogether happy with. The Indian Land Claims Commission reported two years ago on the Canoe Lake Indian Band claim regarding the Cold Lake air weapons range. Cabinet is still sitting almost two years without responding to that recommendation of the commission.
We cannot allow that sort of a timeframe to elapse in regard to environmental assessment reports. Without going into any specific detail about how the two amendments that I have brought forward would work, let me simply conclude by saying that regardless of which path the cabinet wishes to take, the responsible authority is required within a short period of time to take a course of action consistent with the recommendations of the panel and, second, cabinet, if it has found the panel authority not consistent with the public idea, does have an opportunity to respond but the idea of an appeal is not within this amendment.
Therefore, I would be very happy to hear what the government has to say about adding an appeal process to the motion I have put forward.
It is my submission that the bill fails to meet the test of an independent decision-making authority as promised by the government prior to the election. I urge support of the motions I brought forward to ensure that the independent decision-making authority exists within the new agency.