Mr. Speaker, I am happy to speak this afternoon to Bill C-32, a bill that aims to prevent pollution and protect the environment and human health in order to contribute to sustainable development.
We will recall that, on December 15, 1995, the Liberal government proposed revising the Canadian Environmental Protection Act. The proposal by the Minister of the Environment at the time was the government's response to the fifth report of the Standing Committee on the Environment and Sustainable Development entitled “It's About our Health—Towards Pollution Prevention”.
This report set out the broad lines of a proposal to renew the federal government's main legislative measure on environmental protection.
The Bloc's position on this report was as follows: most of the recommendations supported the centralizing tendency of the federal government in environmental protection matters. I quote what the Bloc said at the time:
The Bloc Quebecois refutes the theory of the double safety net and contends that the environment would be better served if responsibility for its protection were given to one level of government only. The Bloc Quebecois firmly believes that the provinces, including Quebec, have greater knowledge of the specifics of their natural environment and are in a position to arouse the interest and encourage the participation of local residents, are more open to the claims of environmental groups, are able to conclude significant agreements with national and international partners and have indicated their desire to find solutions to environmental challenges and to contribute actively to sustainable development.
Bill C-32 was introduced at first reading on March 12, 1998. It is designed to renew the Canadian Environmental Protection Act. This bill, formerly Bill C-74, which died on the Order Paper in the last Parliament, provides for a five year review, and time has already expired. I also remind the House that this is a promise contained in the Liberal red book.
With this bill, pollution prevention becomes a national objective. This bill replaces the Canadian Environmental Protection Act. Among other changes are provisions to implement pollution prevention, new procedures for the investigation and assessment of substances and new requirements with respect to substances that the Minister of the Environment and the Minister of Health have determined to be toxic. The list of these substances is very extensive.
The bill provides new powers for investigators and new mechanisms for the resolution of a contravention. It also specifies criteria for courts to consider for sentencing. In addition, like the provinces and territories, aboriginal governments are provided the right of representation on the national advisory committee.
While, in theory, Bill C-32 recognizes the environment as a shared responsibility between the federal government and the provinces, in reality, this bill does not delegate any power to any province, including Quebec, which, of course, is contrary to what true environmental harmonization between the various levels of government should be.
Bill C-32 is designed to reinforce the federal government's supremacy with regard to environmental protection. Therefore, this bill opens the door to a duplication of federal and provincial powers. On this subject, the government even dares to hide behind the last ruling concerning the environment made by Ottawa's very own leaning tower of Pisa, namely the Supreme Court of Canada.
This leaning tower of Pisa considered a case involving Hydro-Quebec. I remind the House that this case has always been challenged by Quebec and that all the various courts who heard the case, including the Quebec Court of Appeal, concluded that the federal order was not valid. Only the Supreme Court of Canada, this leaning tower of Pisa, in its vision of unity, overruled the rulings made by Quebec courts.
Bill C-32 contains a number of new items. For example, it replaces the federal-provincial committee provided for in the current legislation with a new national advisory committee. This committee is made up of a representative from Environment Canada, one from Health Canada, one from each province and territory and up to six native representatives.
It will advise both federal ministers on the development of regulations, the management of toxic substances and other issues of mutual interest. The provinces will advise the federal minister through this national advisory committee. In fact, the bill provides for co-operation agreements on such activities as inspections, investigations and the gathering of information for monitoring purposes.
The bill includes provisions for native governments, which will enjoy the same rights and responsibilities as the provincial and territorial governments, including the right to sign administrative work-sharing agreements and equivalency agreements with the federal government. Native governments will also have to be consulted over environmental issues affecting their territory. Up to six representatives will sit on the national advisory committee.
The bill also provides for better public participation and better protection for those who report violations of the law. These individuals will be able to take part in the decision making process by submitting to the environment minister comments or notices of objection following some decisions and to ask the minister to investigate alleged violations of the act.
These individuals can ask that their names not be disclosed. The legislation will protect employees who report violations of the federal legislation. Under the bill, individuals will be able to bring action for damage to the environment when the federal government is not enforcing the legislation.
With regard to public information, the law will no longer be limited to data published in the Canada Gazette . The law will create a new public registry containing all the environmental information published under the act such as rulings and regulations. This registry will supplement the National Pollutant Release Inventory set up in 1993.
As for prevention of pollution, it will become a national goal. The bill creates the authority to request pollution prevention plans in respect of substances listed as toxic under the act. Courts will be able to request pollution prevention plans or emergency environmental plans and research on the environmentally friendly use and elimination of the substances involved in the alleged offence.
The new act also creates a national pollution prevention information clearing house, which will enable the industry to share its expertise and technical know-how with respect to pollution prevention activities. Moreover, the new act provides for the setting up of a reward program recognizing the industry's voluntary efforts to prevent pollution.
With regard to biotechnological products, the bill creates a federal safety net and the authority to regulate the safe and efficient use of biotechnology for environmental purposes.
Regarding clean water, the bill seeks to protect the marine environment from land-based or airborne sources of pollution. It is also aimed at limiting what can be disposed of at sea by listing harmless materials; people wishing to carry out disposals at sea will have to prove it is the best solution possible and that what is to be disposed of in such a manner cannot be reused or recycled.
The federal government feels that the bill will allow co-operation with the United States and other countries in order to prevent or limit transborder marine pollution.
Bill C-32 will also increase the power of the government to regulate fuels and fuel additives. Imported fuels and fuels crossing provincial and territorial boundaries will have to meet certain requirements. The bill will give the government the authority to establish national fuels marks, thereby identifying those that meet the environmental criteria.
As far as international air pollution is concerned, the government wants to treat other countries the way Canada itself is treated. Should a country not give Canada rights similar to those granted to that country by Canada, the federal minister may intervene in the event of international air pollution.
To protect the atmosphere, Bill C-32 provides for the establishment of national marks for emissions meeting the standards. It contains provisions to limit emissions from motor vehicles in general, including pleasure craft, construction equipment, farm machinery, snow blowers and lawn mowers.
Also, the bill gives the federal government more control over the transborder movement of hazardous and non-hazardous waste, including household garbage.
I would now like to deal with this bill in regard to the environmental harmonization agreement, which is a crucial issue.
I would like to remind the House of certain facts. On January 29, 1998, Quebec refused to sign the environmental harmonization agreement proposed by the Canadian Council of Ministers of the Environment. During the meeting of the council, Quebec environment minister Paul Bégin refused to sign the agreement until the federal government agreed to meet the conditions set by Quebec.
Those conditions include recognition of Quebec's exclusive or at least primary jurisdiction in the areas assigned to the provinces by the Constitution, the firm commitment by the federal government to pass the legislative amendments required, and of course the adoption by Quebec and the federal government of a bilateral agreement on environmental assessments.
I would like to quote from the January 29, 1998 press release by the Quebec Minister of the Environment:
Minister Bégin also stressed that the declared intentions of the federal government as to the review of the Canadian Environmental Protection Act, which review would lead to a significant increase in federal powers, contravene the spirit and objectives of the environmental harmonization negotiation process, particularly that of preventing duplication and intergovernmental disputes.
This position of Minister Bégin reinforced the position taken by the Bloc Quebecois in its dissenting report of December 1997. I will remind the House that, in its dissenting report, the Bloc Quebecois opposed the report of the Standing Committee on the Environment and Sustainable Development regarding environmental harmonization.
Hon. members will recall that on November 20, 1996, the Canadian Council of Ministers of the Environment agreed in principle with the Canada-wide environmental harmonization agreement and with two subsidiary agreements on inspections and standards.
The subsidiary agreement on environmental assessments was negotiated during the winter of 1997. This agreement was to enhance environmental protection in a sustainable development context, while respecting each government's jurisdiction, in a more effective way. It was to have contained the general principles to be implemented more specifically through subsidiary agreements.
The Bloc Quebecois has always supported harmonization between the federal and provincial governments when it would serve to eliminate administrative and legislative overlap and duplication between two levels of government. We therefore supported environmental harmonization so long as it did not serve to screen the federal government's continued meddling in provincial jurisdictions.
Harmonization must recognize the provinces' exclusive or at least primary jurisdiction in areas accorded them under the Constitution. The spirit of harmonization should be felt on the amendments the government will make to existing legislation.
The committee also made a number of recommendations. I will refer to a number of them.
The committee first recommended that ratification of the agreement and the three subsidiary agreements be postponed, first until all documents—the agreement and the 10 subsidiary agreements proposed—were available so the public would have a real opportunity to contribute and, second, until the committee's concerns and recommendations had been fully considered.
As we can see, there is already a little problem there. As for Recommendation No. 5, the committee recommended that the consensus requirement in the agreement and subsidiary agreements be replaced with a two-thirds majority vote.
With respect to these two recommendations, the Bloc Quebecois said it believed it was premature for the federal government and the provinces to endorse the harmonization agreement and subsidiary agreements and for the committee to report to the House of Commons because we had not had the opportunity to observe any real desire on the part of the Liberal government to harmonize with the other provinces.
The Bloc Quebecois expressed the opinion that it might be better to wait until the endangered species bill, the fisheries bill and the Canadian environmental protection legislation had been introduced. The Bloc Quebecois added that we would be able to fully assess the harmonization agreement when considering these bills.
Before considering any new subsidiary agreements, the Bloc Quebecois indicated it might be best for the federal government and the provinces to deal first with the three existing agreements on environmental assessment, inspection and standards. In addition, we proposed that the agreements be ratified by a unanimous vote instead of a two-thirds majority vote.
I would also like to touch on Recommendation No. 9. The committee recommended that a provision be included in the environmental assessment agreement stating that it will not require any changes to the Canadian Environmental Assessment Act. The subsidiary agreement should also specify that the objectives and requirements of the environmental assessment should meet the strictest standards and should meet or exceed the prescribed objectives and requirements.
This recommendation was contrary to the principles of the general agreement, which states that governments may change their respective legislation as required.
Finally, the Bloc Quebecois believed that only the Quebec environmental assessment process should be applied in Quebec. The federal government's willingness to achieve harmonization was supposed to be reflected in the legislation, and we considered that Bill C-14, an act respecting the safety and effectiveness of materials that come into contact with or are used to treat water destined for human consumption, did not reflect this spirit of legislative harmonization between the federal government and the provinces. On the contrary, we thought it was another intrusion by the federal government in an area under provincial jurisdiction.
Therefore, the Bloc Quebecois was of the opinion that several recommendations in the Liberal majority report were contrary to Quebec's historic positions in the area of federal-provincial harmonization and that recent interference by the federal government did not respect the spirit of the accord.
What the Bloc Quebecois deplores is that the federal government refuses to transpose in the legislation its good intentions with regard to environmental harmonization and chooses instead to hide behind the centralizing screen of our own leaning tower of Pisa, namely the Supreme Court of Canada.
In conclusion, the Bloc Quebecois, although very concerned with environmental issues, cannot support this bill.