Madam Speaker, I am pleased to rise today at second reading of Bill C-48, an act respecting marine conservation areas.
First, I must point out that, as everyone knows, the Bloc Quebecois is in favour of measures to protect the environment, but not at any cost.
For example, members will remember that the Bloc Quebecois supported the government regarding the bill that led to the establishment of the Saguenay—St. Lawrence marine park, in 1997. That legislation, along with the act passed by the Quebec government, resulted in the establishment of the first marine conservation area in Canada, and we are proud of that.
Under the legislation, both governments continue to exercise their respective jurisdiction in the Saguenay—St. Lawrence marine park. The park includes only the marine environment. Its boundaries can be changed, provided there is agreement between the two governments and provided they hold joint public hearings on the issue. These are among the main legislative provisions adopted in 1997.
The important thing here is that the establishment of that park was the result of a co-operative effort by the federal and Quebec governments. It is unfortunate that the federal government did not choose to follow the same procedure in the case of Bill C-48.
The government could have followed other examples, such as phase III of the St. Lawrence action plan. Let me briefly remind members what happened.
On June 8, 1998, the environment ministers of Canada and of Quebec announced phase III of the St. Lawrence development plan, the bill for which would be shared equally by both levels of government. This is another example of a joint project that respects the jurisdictions of each government.
Unfortunately, the approach in Bill C-48 is not even remotely comparable. How then can the federal government be so naive as to think that the Bloc Quebecois would support this bill? With this bill, the federal government, far from relying on dialogue, is seeking to unilaterally impose marine conservation areas, regardless of the fact that Quebec has jurisdiction over its own territory and its environment.
But there is more. The federal government, not content with getting involved in Quebec's jurisdictions and sincerely believing that ridicule does not kill anyone, is duplicating itself.
Indeed, the bill will establish marine conservation areas, thus creating a new structure for Heritage Canada and duplicating existing marine protected areas at fisheries and oceans, and Environment Canada's protected offshore areas. This means that the quarrelling is far from over.
It is clear to everyone that Bill C-48 does not respect the integrity of the Quebec territory. In order to establish a marine area, the federal government must first become the owner of the territory where such an area will be created.
But there is a problem, that is the Constitution of 1867. Indeed, section 92.5 provides that the management and sale of public lands comes under the exclusive jurisdiction of the provinces. Quebec is still a province.
In Quebec, the Quebec legislation on crown lands applies to all crown lands in Quebec, including beds of waterways and lakes and the bed of the St. Lawrence river, estuary and gulf, which belong to Quebec by sovereign right.
This same legislation provides that Quebec cannot transfer its lands to the federal government. The federal government, however, is not going to be intimidated by Quebec laws, that is common knowledge. Heritage Canada intends to establish its marine conservation areas in the St. Lawrence, the St. Lawrence estuary and the Gulf of St. Lawrence, three areas in which the ocean floor is under Quebec's jurisdiction.
Heritage Canada will thus force Quebec to cede its exclusive jurisdiction over its ocean floor. What a fine example of co-operative federalism. The condition essential to the establishment of marine areas in the St. Lawrence is the transfer of ownership rights to the federal government.
Not satisfied with meddling in Quebec's jurisdiction, the federal government is doing its best to overlap a number of its departments. What is the logic in the federal government's decision to create marine conservation areas under the authority of Heritage Canada, marine protection zones under fisheries and oceans and marine wildlife reserves under Environment Canada?
According to fisheries and oceans, one site could be zoned three different ways and thus come under three federal departments, which would each apply its own specific rules, and all of this would come under three different legislative measures.
God knows which waters the fish will choose. As for the officials, I do not think the stomach of Jonas' whale could ever contain them all as they try to reach some sort of understanding.
Once again, and this is not the first time since 1993, I am faced with a dilemma. If federal departments cannot work together, how can we expect the federal government to work with the provinces? Heritage Canada flavoured marine conservation areas—no thanks. Give me a sovereign Quebec, and quickly.