Madam Speaker, first of all, I would like to congratulate the government on introducing this bill regarding marine conservation areas and to express my particular delight because this is one policy area that all members of the House agree requires very urgent attention.
In congratulating the government I would also like to say that the Secretary of State for Parks earlier today made a very important reference to the commitment Canada made at the International Union for the Conservation of Nature and also in signing the biodiversity convention in Rio in 1992. These are two very important points of reference in our participation and role in the global community.
The sooner this bill can be moved ahead the better because it will take time to implement. Today we are discussing legislation which is enabling, but that is all it does. It sets the foundation for the creation of the marine protected areas. That is the extent of the measure. It is the first step on the road toward a very distant goal.
Also I would like to make a note of caution at this point in connection with the ecological integrity of existing parks, such as the case of the Pukaskwa National Park where some threats are being noticed near the proposed marine park in the form of forestry companies which are now asking the Government of Ontario for permission to log closer and closer to the park boundaries.
In other words, the buffer areas around the national parks are in need of being firmly protected. There is, as we all know, a strong connection between our land-based parks and our marine parks. Therefore it is incumbent upon us to protect them both.
It is interesting to note that an agreement signed by Ottawa and the Government of British Columbia in July 1995 provides for the initiation of marine conservation area feasibility studies for two places: the Strait of Georgia and the Queen Charlotte Sound marine regions. One can see from this how long it takes, even when there is joint co-operation between two levels of government. Marine parks cannot be established overnight. This is an undertaking that is time consuming and complex. Marine parks cannot be established by the federal government acting alone, as we all know. It requires the co-operation of provincial governments and very much the support of local communities.
We are engaged in an undertaking which is probably the envy of the whole world. We are moving forward toward the establishment of a Canadian system in the field of marine conservation areas. The momentum is there, but we still have to add more pressure to see real movement.
The next step and perhaps the most difficult one is developing the management plans which will take into account the need for protecting biological diversity, plant and animal, and the need for ensuring that marine national parks are immune from the encroachment of various industrial pursuits and activities. In this way we can ensure that marine conservation areas become effective in achieving the goals of establishing themselves and, of course, at the same time preventing pollution.
Members will note that the preamble of Bill C-48 recognizes the role of the marine ecosystem in maintaining biological diversity. That is the beauty of such a bill. However, I noticed that the idea of pollution prevention does not appear in the preamble of the bill. Perhaps that is something that can be done at the committee level. I will have some other observations to make to this effect later on by way of amendments.
We can ask ourselves at this point whether the establishment of the protected areas proposed in this bill will create small ocean sanctuaries while the rest of the sea and ocean environment rapidly deteriorate, or whether we will have a critical mass, the beginning of marine conservation areas which will set models for the larger sea and ocean surrounding them. This is something I would like to deal with at the end, with future generations in mind.
A few minutes ago the hon. member for Churchill River spoke about the uses of our oceans in a manner consistent with sustainable development. He is right in doing so. He also spoke about pollution prevention. These are themes that I would commend to the parliamentary secretary in the hope that these themes will guide him and his colleagues in committee when it comes to the examination of this bill clause by clause.
The preamble provides a guide for the operation of the bill.
There is a definition of the precautionary principle, however, that is in need of examination because it makes reference to cost effectiveness as being a measure to prevent environmental degradation.
The suggestion I would make at second reading is that it would be desirable to remove the words cost effective because they can be potentially very damaging. It will not be possible to establish parks in conservation areas if we are guided only by cost effectiveness principles. There are many other values that come into play when proceeding with the purpose and the intent of Bill C-48.
Looking at the bill more closely, it seems to me that in the preamble the reference to cost effectiveness ought to be revised by perhaps just leaving the word “effective”. It is less limiting in scope and it still has value. It has merit. But the term “cost” is certainly one that will hamper future generations of administrators and political decision makers.
In examining the bill further, in subclause 4 of clause 9, I find that the minister will have to make agreements with the Minister of Fisheries and Oceans when establishing a management plan. This could have some negative effects because the goals of the minister in charge of Canadian heritage may differ from the goals of the minister in charge of fisheries and oceans. This limitation in the powers of the minister of heritage will not be very helpful and ought to be removed if we are to allow for a speedy process in the establishment of the conservation areas.
Moving on to prohibitions, on page 7 of the bill, it is a bit disturbing to read clauses 12, 13, 14 and 15. It seems to me that a bill establishing conservation areas ought not to envisage the disposition of dumping. Dumping should not be allowed in marine conservation areas. It is as basic as that. Dumping ought to take place in a safe manner on the land and subclause 14(1) ought to be deleted.
I notice also in clause 13 that, while it is desirable that no person shall explore or exploit hydrocarbons, minerals, aggregates and other organic matters, there is no reference to fishing. Therefore, the question arises: Is fishing allowed in marine conservation areas? If so, under what restrictions, under what limitations and under which criteria? Obviously fishing in an unlimited fashion could not be allowed in a conservation area. Therefore, clause 13 needs to be clarified.
Clause 14 has some positive features to it, namely that the concurrence of the minister is required before issuing a permit under section 71 of CEPA, provided that the role of the minister will be as stringent and as disciplined as the role performed by the minister in charge of CEPA itself.
When we come to clause 15, permits and authorizations, it seems to me that the superintendent is given too wide powers. The powers given to the superintendent ought to be restricted. The issuing of permits should be examined very closely before the final decision is made at the higher level because this could have a serious and negative impact on the quality of the area that is to be conserved.
Under the regulations, clause 16(1)(a) is a very good one because it is the first and is very strong for the protection of ecosystems and the elements of ecosystems. Clause 16(1)(j) is for the control of the flight of aircraft and so on to prevent disturbances of wildlife et cetera. We all know the reasons and it is good to find it spelled out.
When it comes to clause 16(1)(l), authorizing the dumping of substances and so on, I would say with all due respect that the minister would be well advised in removing this subclause from the regulations. We cannot have a conservation area in which we dump substances. It is almost a contradiction in terms. We have to be very careful. We all know that there is waste and that human waste must be handled, be it industrial, commercial and otherwise, but there must be ways of doing it on the land in a very well controlled fashion so as to facilitate and enhance the quality of the conservation area.
In clause 16(4) there is a provision for air navigation that can only be made on the recommendation of the minister and the Minister of Transport. Here again it should be a decision by the minister alone because of the nature and the purpose of the bill. There has to be some degree of autonomy if we are to pursue this goal seriously and effectively. The Minister of Transport may have very important considerations but sometimes they will have to be modified by the will and intent of the minister himself or herself.
Clause 17 on page 10 indicates that the governor in council may exempt from any provision of the regulations a movement of a ship or aircraft. Why is that necessary? Surely a conservation area where we want to protect the marine quality ought to be also protected from the movement of ship or aircraft. These are not immense areas that cannot be bypassed or circumvented. Surely there are alternative navigational routes.
Here again I am appealing to the parliamentary secretary to add some words such as “under exceptional circumstances” to clause 17(a) or (b), to stress the fact that only under specific conditions the movement of ships and aircraft ought to be allowed. In other words, it would indicate that the legislators are giving a strong signal to the administrators that only under special conditions the movement of ships and aircraft is going to be tolerated.
I notice clause 29 deals with litigation of environmental damage. It reads something along the lines that any person who has management or control of the substance or who causes or contributes to the discharge or deposit, in other words, that could injure animals, fish or plants in the area, shall take reasonable steps to prevent or mitigate such degradation or injury.
It seems an element of urgency is missing in this clause. The word immediate ought to be inserted. I do not know how the courts would interpret the word reasonable in this context, whether it would mean mild measures or strong measures. Clause 29(1) deserves to be examined in committee. There may be a way to strengthen this clause by inserting the element of immediacy and urgency.
The exception on page 16 under clause 29(4) is also a bit troublesome. It reads that no measures may be directed to be taken if action is taken under several other acts. Suppose the action taken under several other acts is weaker than what the minister would like it to be in order to protect and conserve these areas. In that case the loser will be the minister and the conservation areas that are being established.
A qualifier should be included in the exception, that if the action taken under such acts as the Canada Shipping Act, the Arctic Waters Pollution Prevention Act, CEPA and so on are equally as strong, then this exception applies. If not, then a specific action ought to be identified so as to properly and effectively protect the affected area. Otherwise by leaving it to the Canada Shipping Act, the condition of the protected area would be in serious danger.
I hope what we are doing here today will be the creation not of sanctuaries under siege, namely of isolated beautiful areas, while the rest of the marine environment degrades and declines in quality. I hope Bill C-48 will create models for proper behaviour in the larger picture of the seas and the oceans.