Mr. Speaker, I rise to address the Canada oceans act and the number of amendments that have been proposed to the act.
I have to recur to the point I made earlier but with perhaps more precision. I have said it is not the appropriate role or mission for the House to assay constitutional amendments whether by the director or by the processes now being developed in intergovernmental relations and between federal and provincial ministers. This is an act which is devoted to Canada's oceans, and its integrity should be respected in that sense with proper criteria relevance applied to it.
The clauses the Bloc Quebecois wishes to amend in this act relate to Canada's rights and jurisdictions over its territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf as codified under the United Nations Convention on the Law of the Sea.
These amendments are based on the misconception that this act could impact on existing provincial rights and boundaries. It is certainly not competent for ordinary legislation of this House to change the constitutional division of powers. There are other arenas and other processes in which that could be carried out if that were the will of the country.
I will not take up House time by enumerating our rights and responsibilities in each of Canada's maritime zones as declared by Bill C-26. However let me point out there are elements of the act, including the declaration and recognition of our rights in all of the maritime zones mentioned, which are in full agreement with international codes and practice.
The Bloc Quebecois would like to amend the oceans act in such a way as to suggest that provinces could have rights and jurisdiction in the maritime zones of Canada. Under international law however these are clearly assigned to the coastal state, that is, Canada. There is nothing to prevent efforts being made to promote constitutional change by direct amendment or otherwise but that is for another arena, another time and another place. It certainly would be a distortion of this act to try to incorporate suggested changes of that nature into it.
Bloc Motions Nos. 8 and 9 suggest that the provinces have rights seaward of the base lines. The concept of base lines is not used in international law or in Bill C-26 to determine the internal boundaries of a nation; rather the base lines serve as reference lines from which the nation defines its national maritime boundaries according to international law.
Under international law, rights in waters seaward of the base lines are vested in the coastal state. Canada as a nation holds title of sovereignty over the waters within its base lines and within its territorial sea. These waters are part and parcel of the territory of Canada. Furthermore, contrary to what is implied by Bloc Motions Nos. 8 and 9, Canada holds property rights below waters that are not within provincial boundaries.
Bloc Motion No. 14 applies to Canada's exclusive economic zone. It seeks to imply that there are or could be sovereign provincial rights in the exclusive economic zone. However under international law the exclusive economic zone is vested in Canada. For these purposes it is located well beyond provincial waters. International law as codified by the United Nations convention assigns to the coastal state Canada rights and responsibilities within the exclusive economic zone and these rights are vested in the state, in Canada, and not in the provinces.
Bloc Motions Nos. 17, 18 and 19 regarding the continental shelf in legal terms make the same erroneous implications, namely, that the continental shelf could be within the boundary of a province and that rights in this area could be exercised by a province. Once again I would refer hon. members opposite to article 77 of the United Nations convention. It clearly states that the coastal state Canada has sovereign rights for exploration and exploitation of the continental shelf, its non-living resources on its seabed and subsoil and of its living sedentary species. Under the international law and the convention these rights are vested not in the provinces but in the coastal state.
I therefore urge members of the House to reject Bloc Motions Nos. 8, 9, 14, 17, 18 and 19 pertaining to the maritime zones of Canada. To endorse them would be to destroy Canada's international credibility, to contravene international law and to destroy the work of the Standing Committee on Fisheries and Oceans.
Bloc Motions Nos. 20, 21 and 23 refer to clause 23 of the oceans act which deals with the issuance of certificates of geographic location by the Minister of Foreign Affairs and by the Minister of Fisheries and Oceans. These certificates are court documents issued by or under the authority of the minister which contain a statement that a geographic location specified in the certificate is located in a specific area.
In the case of the certificates issued by the Minister of Foreign Affairs, the certificate would assert that a specific geographic location is within a specified maritime zone, that is the internal waters, territorial sea, the contiguous zone, the exclusive economic zone or the continental shelf. In the case of the certificate issued by
the Minister of Fisheries and Oceans, the certificate would assert that the location prescribed is within an area of a maritime zone where a specified provincial law may have been extended. Once again these certificates focus on the geographic position of the site in question. They make no statement about the authority exercised there.
Strong legislation is made on a solid foundation. Basic tools such as these certificates are required to enable the courts of the land to efficiently conduct their business.
It is clear that the nature of the certificates provided under clause 23 of the oceans act has not been understood by some hon. members. Through amendments proposed in Motions Nos. 20, 21 and 23, the Bloc suggests that the federal government might, through the certificates issued by either the Minister of Foreign Affairs or those issued by the Minister of Fisheries and Oceans, impinge on provincial rights or legislative jurisdiction. The certificates provided for in this act do not deal with legislative jurisdiction. They deal with geographic locations, degrees of latitude and longitude. Constitutionally, they could not go beyond that.
It has been mentioned before, but I will mention it again. Provincial boundaries and provincial claims are constitutional matters which cannot and will not be unilaterally amended by legislation and administrative action such as the issuance of these certificates.
I therefore ask all members of the House to reject these motions presented by the Bloc which, if accepted, would make Canada's new oceans statute contravene international law.
On another issue, Bloc Motion No. 32 of this grouping, there is a proposal to have the Minister of Fisheries and Oceans and the provinces take the leadership role in developing the oceans management strategy, while Motion No. 34 proposed to have the Minister of Fisheries and Oceans and the provinces take the leadership role in developing integrated management plans. Canadians have asked that there be one leader, not ten. Such a proposal would leave us where we are today with a maze of legislation and responsibilities but with no one person responsible for getting all the players to work together.
It is not as though the provinces will be ignored in this process. The minister is committed to collaboration with the provinces, territories, aboriginal organizations, coastal communities and many other stakeholders. This commitment permeates the whole bill. The minister's leadership role must be preserved. For that reason alone, Motions Nos. 32 and 34 must be rejected.
To further strengthen the language of the act, I propose in Motions Nos. 33 and 35 that the French text of clause 29 be amended to be consistent with the English text in order to clarify and remove redundancies and make the bill consistent with the wording used in the Constitution and other legislation.
In addition, during the standing committee's examination of the bill, concern was expressed by the hon. member for Gaspé with the use of the term "communautés côtières". This term has been changed to "collectivités côtières" to address the concerns expressed by the hon. member.
I therefore urge members of this House to accept the government's technical amendments in Motions Nos. 33 and 35, to reject Motions Nos. 8, 9, 14, 17, 18 and 19 in which the Bloc seeks to alter provincial boundaries, and also Motions Nos. 20, 21 and 23 which are based on erroneous assumptions that the federal government is seeking to alter federal-provincial jurisdiction and provincial boundaries. This is not its intent and it could not do so in this legislation.
Bloc Motions Nos. 32 and 34 should also be rejected to allow the Minister of Fisheries and Oceans to assume the leadership role which Canadians have clearly requested.