Mr. Speaker, we are debating today at third reading Bill C-29 introduced by the Minister of Canadian Heritage, the short title of which was National Parks Act.
I say “was” because, faced with the unanimity of those who testified before the Standing Committee on Canadian Heritage and of the committee members themselves, the secretary of state responsible for Parks Canada finally bowed to the evidence and accepted the amendment passed by the committee suggesting that the title of the bill be changed to an “act to establish the Parks Canada Agency and to amend other acts as a consequence”.
Clause 1 of this bill sets out the short title of the act as follows: “Parks Canada Act”.
After holding public hearings in which a number of witnesses raised objections to this bill, questioning Heritage Canada and justice officials to get a different perspective on how to interpret certain clauses and to address the objections raised, and asking the secretary of state responsible for Parks Canada about the government's objectives in establishing this agency, the committee proceeded to the clause by clause study of the bill.
In order to take into account all the work done by committee members, we then set out to examine the merits of several amendments proposed by the various parties. To this end, at report stage, we used a working paper made available to the House of Commons. This was an updated version of Bill C-29, reprinted as amended by the standing committee.
With few exceptions, the amendments in question are mainly changes of a technical nature or designed to ensure the text said the same thing in both official languages.
As for the additions, they fit for the most part into three categories. First, additions to clarify a clause to facilitate the interpretation of the act. A fine example of this type of addition can be found at clause 5.1, which clarifies the status of the direction referred to in clauses 4 and 5 of the original bill. It reads as follows “A direction by the Minister referred to in sections 4 and 5 is not a statutory instrument for the purposes of the Statutory Instruments Act”.
A second type of addition is for the purpose of improving the bill. There are several examples of these, including clause 21, which calls for the creation of a new parks and historic sites account. There was an addition to subsection 3(c), the possibility that this account could be used, not only to maintain and develop, but also to “restore any national park, national historic site or other protected heritage area that has not yet attained full operational status”.
In clause 32, ecological integrity has been added. A significant addition was made to clause 33, to enhance the transparency of the agency's administration. It calls for the chief executive officer to submit a corporate plan for the agency before March 31 of each year, and that 30 days after its approval by Treasury Board, the Minister must table a summary of the plan in each house of parliament.
To this was added, and I quote “at which time the plan shall be made available to the public on request”. This phrase was added to the bill at the request of a number of witnesses who wished to have access to this type of document.
Another significant addition was to clause 36.1, which reflects an amendment adopted by the Standing Committee on Canadian Heritage, and reads as follows “The Official Languages Act applies to the Agency and to its subcontractors”.
This addition was to initiate lengthy discussions between representatives of the Department of Justice and the committee members. We also debated it here at the report stage, when a member of the government, the hon. member for Brossard—La Prairie, asked for withdrawal of the amendment to clause 36.1 passed by the committee, and its replacement with another amendment.
The new clause 36.1 ought therefore to read as follows “For greater certainty, the Official Languages Act applies to the agency and the agency has the duty, under section 25 of that Act, to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that person or organization in either official language, in any case where those services, if provided by the agency, would be required under part IV of the Official Languages Act to be provided in either official language”.
I followed with interest the presentation made earlier by my colleague from Ottawa—Vanier. I remember the remarks made by Reform members, including the chief opposition whip, who, offended, rose in this House to accuse the Bloc Quebecois of having only French on the doors of its offices to indicate the offices of its party leader, its House leader and so on.
As I walked through the corridors, I realized that those living in glass houses should not throw stones, because they risk having them thrown back. Members should know that, if they go to hallway C on the sixth floor of the Centre Block, they will find a sign saying “Deputy Whip of the Official Opposition” in English only on the whip's door.
A third way to change the law and add details to it is to amend the laws affected by the passage of a bill. In the case in point, Bill C-29 amends the Saguenay-St. Lawrence Marine Park Act, among others, by amending the definitions of “park warden” and “superintendent” to align them with those in this bill.
Some of the amendments we introduced were rejected either by the committee or by the government majority. Although creation of the agency offers certain benefits, it also raises concerns.
The federal government has shown us for the past five years its strong tendency to pass its problems on to others. Sometimes it sends them to the provinces. Sometimes it gets around them by creating new agencies and requiring them to be more cost effective.
This is why we wanted to make sure that the Parks Canada Agency struck a balance between its priority mission and its concern to be cost effective. Our amendment read as follows, and I quote:
When implementing policies of the Government of Canada, the Agency's priority shall be the conservation and the ecological, historic and cultural integrity of national parks, national historic sites and other protected heritage areas, and it shall reconcile this priority with the development of tourism and commercial activities.
I have to say we have a real concern. We all know about the lure of money. If the government does not maintain parliamentary appropriations at an adequate level so the agency has the means to fulfil its mandate, the agency will have to find a way to do so at any cost.
That is why an amendment such as the one we proposed could have been useful for the agency. Indeed, it could have used it to present its case to the Treasury Board and get the funds it needs to meet the challenge it is faced with. Unfortunately, our amendment was rejected.
We also proposed another amendment which made a lot of sense. Generally speaking, local communities lose part of their environment when parks or historic sites are created. That is why we asked the government to show some compassion towards these communities by giving them access to these parks and sites at a reduced fee.
Unfortunately, this government is obsessed with money. It rejected our amendment, even though the arguments used to justify its decision did not convince me at all.
Rather, they made me realize that the government is aware that, in most cases, visits are made primarily by local people. It is with these local people, who make more frequent visits than tourists from outside the region, the province or even the country, that Parks Canada will make money, through entry fees. So, in this case as in others, the government is opting for the status quo.
The result is that we have a slightly better bill instead of one that could have been greatly improved, if the government had not used its majority to impose on us decisions that were made not by those elected to represent the people of this country and look after their interests, but by bureaucrats and public servants who are too close to their own reality to have the proper perspective to make the best decisions.
The aim of the bill is to turn Parks Canada, one of the three programs of the Department of Canadian Heritage, into an agency separate from the department, to be known as the Parks Canada Agency.
At the moment, Parks Canada has 5,000 employees, more than a third of whom work seasonally. It administers 38 national parks and national park reserves, three marine conservation areas, 131 national historic sites, seven historic canals, 165 heritage train stations and 31 heritage rivers. In addition, Parks Canada works with 661 national historic sites it does not own. It administers policy on some 1,000 heritage federal buildings and shares responsibility for eight world heritage sites with UNESCO.
Briefly, the three reasons the government gives for the creation of a new agency to replace Parks Canada are as follows: to simplify structures, to improve administrative efficiency and to establish more flexible staffing and financial procedures.
In order to achieve these objectives, the agency will have new or revised financial, administrative and human resource management powers. To this end, the agency will become a separate entity, a public corporation as defined in schedule II to the Financial Administration Act and will become subject to part II of schedule I of the Public Service Staff Relations Act.
In terms of responsibilities, the agency will report directly to the Minister of Canadian Heritage, who will be accountable for the agency's activities to Parliament. The agency will report to parliament by tabling the following five documents: an annual report on the agency's operations; a summary of the five year corporate plan; management plans for the national parks, national historic sites and other protected areas; a report every five years on the human resources management regime; and a biennial report on the state of protected heritage areas.
In addition, the financial statements of the agency are to be examined by the auditor general, who will report to the government and will also provide an assessment of the agency's mandate, objectives and business plan. The parks Canada agency will remain subject to the legislation governing official languages, employment equity and human rights, access to information and privacy.
As for the agency's funding, the legislation will give it a number of new financial powers, particularly: a budget spread over two years, which is better suited to investing in the development of parks and historic sites; the power to retain and reinvest all proceeds with the exception of fines; the creation of a dedicated permanent fund from parliamentary appropriations and the sale of surplus property. This account will be used to finance new national parks and historic sites. Finally, the agency may advance funds for the unplanned purchase of land when favourable conditions present themselves. These advances must be repaid with interest.
As for human resources management, the agency will be a separate employer under the Public Service Staff Relations Act. The director will be empowered to appoint employees and to define the conditions of employment of agency staff, particularly negotiation of a collective agreement and the creation of a classification and staffing system.
Hopefully, these changes will give the agency the necessary flexibility to develop a human resources management system better suited to its operational context. The parks and historic sites system is spread across the entire country, operates year round and around the clock in a number of different time zones, and employs many seasonal, permanent and part time workers. All employees whose duties are transferred to the Parks Canada agency will receive an offer of employment. Their present jobs are guaranteed for two years by Treasury Board.
According to the federal government, the creation of an agency responsible for Canada's parks will fulfil the present mission of the Parks Canada program of Canadian Heritage with greater efficiency and cost-effectiveness. This strikes us as an important commitment: enhanced efficiency for less money.
Let us not forget that, in the last four years, the government reduced Parks Canada's budget by $100 million. That budget is used, among other things, to develop the network of national parks and marine conservation areas, and to maintain and promote national historic sites and monuments.
The financial constraints imposed on Parks Canada led the government to consider a restructuring of the program's operations. The bill we are debating today at third reading is the result of that exercise. The government reached the conclusion that the best way to ensure the objectives of Parks Canada were met was to create the Parks Canada agency.
The Bloc Quebecois has long been asking the federal government to streamline its operations wherever possible, and to fight waste, instead of cutting in social programs and education. This is why we support the bill, since it will truly improve the effectiveness of the parks' management, without jeopardizing the mandate to preserve, protect and develop Canada's national parks and historic sites for future generations and for all Canadians and Quebeckers.
The government has assured us that this bill is not the first step toward the privatization of parks. We were very concerned that the Parks Canada agency might be the first step toward the privatization of parks. I want to say it here in the House so it will be officially recorded in Hansard. The government has assured us that it has absolutely no intention of privatizing Parks Canada.
When he appeared before the Canadian heritage committee, on November 20, the secretary of state responsible for Parks Canada said, and I quote:
There's something I have said over and over again, and I will take an opportunity to say it here when we are talking about finance. It is not the intention of this government to either privatize or commercialize Parks Canada. We believe the maintenance of our special places in Canada is an important trust given to us by Canadians. That stewardship Canadians want to see exercised publicly, and we will continue to do that through our agency and through the oversight of Parliament.
One of the Bloc Quebecois' main concerns about this bill is to ensure that, once in operation, the agency will maintain access to parks for everyone. This bill shows the unequivocal will of the government to increase user fees in parks, even though taxpayers already contribute through taxes. There has to be a reasonable limit to the fee increases imposed on visitors.
We put forward the idea that people living close to these parks should enjoy a preferential rate, but the government rejected our amendment.
The agency should use its increased revenues from user fees, royalties or the sale of assets to provide more services, better fulfil its mandate, or develop its activities. The anticipated increase in revenues should not be used by the government to justify a further reduction of parliamentary appropriations for the agency.
A fair balance must be maintained between the revenues from taxes paid by taxpayers, and those from the fees they have to pay when they visit these parks and sites. If we continually increase fees, soon there will not be enough visitors and Parks Canada will have a hard time keeping these parks, sites and historic monuments in good shape.
We also want to ensure that the agency's financial objectives and the obvious desire of the federal government to increase the number of visitors to ensure greater economic benefits do not lead to overuse of our parks and historic sites.
We know how difficult it sometimes is to keep sites in decent shape because too many people have been allowed in all at once and there is not enough time for proper maintenance. We would like to be sure that the agency balances the need to preserve and maintain natural or historic sites against the increase in the number of visitors and the related expansion of tourism and commercial activities.
The Bloc Quebecois is not alone in expressing the concerns I have just mentioned. In November 1996, the auditor general presented a meaty report to parliament on the protection of Canada's national heritage. The auditor general had examined the systems established by Parks Canada to maintain and enhance the ecological integrity of national parks. I am delighted that the government has agreed to add a provision to one of the bill's clauses to the effect that the Parks Canada Agency will have the mandate of preserving the ecological integrity of national parks.
In 1996 the auditor general pointed out that park management plans place more emphasis on economic and social factors than on ecological factors. He noted also that Parks Canada should upgrade its knowledge of the condition of natural resources in national parks in order to adopt a sensible management approach, based on the ecosystems.
In this regard, a number of witnesses appeared before the committee to express their concerns. I hope that the Parks Canada agency, which can obtain the minutes of our meetings, will read them carefully, analyze them and take them into consideration when developing its policies.
Since the auditor general's report, Parks Canada has taken a number of corrective measures and, last fall, when the secretary of state forwarded to us Parks Canada's response to some of the auditor general's criticisms, it was clear that it had truly made an effort.
The bill calls for measures relating to the creation and implementation of park management plans. Much still remains to be done, however, before all the auditor general's recommendations can be implemented. The data on park conditions still need to be updated, and the policies on ecological conditions need to be implemented on an ongoing basis as well. The environmental objectives set in the act must result in concrete measures if they are to be achieved, regardless of budget constraints. I do hope that the Parks Canada Agency can really fulfil that part of its mandate.
Parks Canada designed ambitious development plans to complete the network of national parks, expand the number of national historic sites, and create marine conservation areas. Currently, 24 of the 39 natural regions defined by Parks Canada are represented in the network, and the objective is to develop the 15 remaining regions by the year 2000.
That objective seems quite ambitious, considering the pace at which Parks Canada operates. Still, even though its pace may seem slow, Parks Canada should not act precipitously but take the time to meet the needs of the communities, instead of trying to please bureaucrats and technocrats.
There is a case in point, which we will soon discuss, when we deal with another bill on a park in the Northwest Territories that sets boundaries which do not at all reflect what is good for the community. But this is another issue which will be debated at another time.
The federal government claims that these objectives are attainable, thanks to the improved efficiency resulting from a restructuring exercise that will allow Parks Canada to do more with fewer resources. Developing the 15 remaining regions in two years sounds like sheer utopia. We hope that the government and the minister will not ask the Parks Canada agency to achieve this goal in less than two years, since we are almost half way through 1998.
The year 2000 will soon be here, and I think the Parks Canada agency must have the time it needs to develop these 15 regions at its own pace and to carry out the consultations necessary to involve the people concerned in their development.
Nevertheless, we question the new agency's ability to consolidate and fully develop the existing sites, while maintaining its objectives of expansion in today's context of budgetary restraint. What we do not want to see happen is for there to be a very vast but badly maintained system, with insufficient services and no ecological integrity. We wish to ensure that the development of the system of national parks and historic sites is durable and sustainable.
We let the government know that, when this bill was studied by the Standing Committee on Canadian Heritage, we wanted the committee to call as witnesses representatives of all groups of employees, including seasonal and part time workers, whose status might be changed as a result of the bill's planned changes. We were very satisfied on this point, since the representatives of these employees from all categories testified before the committee.
It would appear, from what we heard, that relations are excellent and that everything seems to be progressing in the best way possible, under the best conditions. We were assured that the tendering process for all Parks Canada agency contracts would be impartial and transparent in accordance with regulations. The new structure and wide-ranging authority of the agency's CEO in the management of human resources must not pave the way for arbitrary decisions and patronage appointments. It would appear we have guarantees here too.
We will support Bill C-29, which creates the Parks Canada agency. We will carefully monitor the establishment of this agency to ensure that everyone may work there and carry out the mandate given the Parks Canada agency in peace, friendship, solidarity and prosperity.