Mr. Speaker, I am most pleased to resume speaking in favour of Bill C-26, An Act respecting the oceans of Canada.
All Canadians who have followed the progress of this bill to any extent at all will know that the members of the Standing Committee on Fisheries and Oceans have worked very hard to ensure that Bill C-26 is given a thorough and detailed examination.
The committee called witnesses representing more than 30 groups and organizations from everywhere in Canada during its several weeks of hearings. Not only did the Committee call those witnesses, it listened attentively to what each of them had to say, it listened to what all Canadians have had to say constantly for some years now: our country needs legislation to ensure the proper management of our oceans by including in the legislation the concepts of sustainable development, an ecosystem approach and one based on the precautionary approach to the conservation, management and exploitation of marine resources.
Canadians want legislation that will acknowledge the value and importance of traditional ecological knowledge with respect to ocean management. In fact, not a single witness nor anyone else has said: "We do not need a act respecting the oceans of Canada". Instead, what they have all said is the opposite: the law could do with some reinforcing. And that is exactly what has been done.
Equally important, the committee listened to the provinces and territories and proposed an amendment that guarantees collaboration with their governments as well as with affected aboriginal organizations, with coastal communities and with ocean stakeholders.
We should thank them for the work they have done. What hon. members have before them is an act that is both forward looking and solid in its principles. One of the goals when constructing this act was to ensure it was built on the most solid of foundations. From this foundation will come better decisions about ocean management.
It is for this reason that the government examined every clause, every line and every word of the bill as it has been reported to be sure that the foundation was solid, that it is an act that demonstrates to the citizens of this country that the government understands and respects what they want for the oceans surrounding Canada.
In this examination, the government discovered minor transcription errors, improvements that could be made in the quality and clarity of the wording and minor inconsistencies between the French and English versions of the text. Technical amendments can be found in Motions Nos. 5, 22, 38, 42, 43, 49, 57, 58, 59, 60, 61, 62, 63, 64, 72, 74, 75, 89, 90 and 91. Although these technical amendments may seem minor, the government recognized that without them, there could have been misinterpretation of the act.
The act makes it possible for Canadians to work together to shape the best national answers and the best local answers for the sustainable development of our ocean resources. The various technical improvements proposed by the government will add clarity to the act.
The basic criterion of an act of Parliament is certainty and flexibility. We believe the Canada Oceans Act balances these two principles of certainty and flexibility. We urge all members to vote for Motions Nos. 5, 22, 38, 42, 43, 49, 57, 58, 59, 60, 61, 62, 63, 64, 72, 74, 75, 89, 90 and 91.
Motions Nos. 47 and 48 by the Bloc Quebecois amend the same line in the text of the bill in two different ways. What does the Bloc Quebecois actually want? This section of the bill lays out the overall consultative theme of this bill and gives the minister the option of consulting with anyone or everyone on matters pertaining to part II of the bill.
Motion No. 47 proposes that the minister and the provinces together will consult with all the other players with respect to part II of this bill. Why would the provinces be consulting on something that is not within their jurisdiction?
May I suggest some better attention by the Bloc to the constitutional roles and missions, ordinary legislation versus constitutional amending procedures. It seems to me that the Bloc amendments propose to achieve by indirection constitutional changes that belong elsewhere. We are into a species of creeping constitutional amendments as to federal-provincial powers. That is not acceptable in ordinary legislation presented to this House.
The people of Canada have not asked that there be 10 leaders in the management of our oceans. They have asked that there be one. Therefore, Motion No. 47 must be rejected.
Motion No. 48 proposes that the minister must consult with all the provinces and standing committee in exercising his mandate in part II of this bill. This detracts from the flexibility of this section, which allows the minister to consult with the appropriate provinces or groups when an issue is relevant to them. It is not always necessary to consult with everyone when a matter may only have relevance to a particular province, territory or group.
Furthermore, this motion obliges the minister to consult with the standing committee in exercising his mandate in part II of this bill. This would involve the standing committee in the day by day decision making of the Department of Fisheries and Oceans.
I remind the House again of what I said about creeping constitutional amendments. There seems to be a lack of respect for the constitutional separation of powers in this proposed amendment by the Bloc. It raises constitutional issues that are more appropriately dealt with in other arenas and in other processes not in the interstices of ordinary legislation devoted to oceans.
Besides the standing committee in its review of this bill already put in a section to allow the standing committee to review the implementation of this act in three years. For these reasons, Motion No. 48, as proposed, should be rejected.
Furthermore, the Bloc proposed through Motions Nos. 51 and 52 to make two separate changes to the same line of the same clause 35. These changes would require the Minister of Fisheries and Oceans to seek the approval of the standing committee to exercise his mandate as it relates to the establishment of marine protected areas. It would also effectively restrict the establishment of these protected areas to fishery resources.
This is totally contrary to the testimony presented to the standing committee by Canadians from across the country. There are more living resources and habitats in the sea than only those that are fished and certainly there are many more worth protecting. Therefore, I ask all members to support the act by voting against Motions Nos. 47, 48, 51 and 52 and to support the passage of the Canada Oceans Act to the next stage of the legislative process.