Mr. Speaker, it gives me great pleasure to speak to Private Member's Bill C-403, an act that would amend the Canadian Environmental Protection Act to prohibit the manufacture, importation, sale and offering for sale and in certain circumstances the possession of lead sinkers and jigs.
The member for Simcoe—Grey is to be commended for bringing such an important environmental issue to the forefront. The issue of lead poisoning in our environment is an important concern and something for all Canadians and all levels of government to be aware of.
The lead poisoning in our environment has become a widespread problem due to historically extensive and varied use of lead. Its low melting point, its malleability, ease of processing and low cost have resulted in its use in a wide range of applications. It has been used in solder, plumbing pipes, paints, pottery glazes, crystal ware, gasoline, hunting shot and fishing sinkers and jigs.
However, through the years as our science improved, more has been discovered about lead's intrinsically high toxicity and the adverse effects it can have on our environment. Although science has known about the toxicity of lead and the potential it has for poisoning wildlife since the turn of the century, it has been a long process from scientific discovery to government regulatory action.
In the late 1960s and early 1970s the Canadian Wildlife Service expressed significant concern over the lead poisoning of waterfowl from lead shot ingestion. This initial concern did not translate into extensive research and study until the late 1980s when the United States announced its intention to completely ban the use of lead shot in waterfowl hunting by 1991.
The announcement of this ban initiated a series of studies by the Canadian Wildlife Service that determined that there was insufficient evidence to justify a national ban. However, since that time, extensive research has been conducted by the Canadian Wildlife Service and others on several fronts which has led to a reassessment of this earlier decision and has instigated federal government regulatory action.
Lead sinkers and jigs are used primarily by fresh water sports fishermen. These products are quite popular due to their ease of use, widespread availability and inexpensive cost. The most common sinker used is the split shot sinker which the member explained, which in the United States accounts for almost half of the total sinker production. I dread to think of how many of those I have bitten down on in my life.
Across Canada it is estimated that over five million Canadians take part in recreational fishing activities, buying nearly 560 tonnes of lead in the form of lead sinkers. Virtually all of this lead is destined for the bottom of Canada's lakes and rivers. When a lead sinker is lost, it settles on the bottom of the body of water where it can be ingested by waterfowl.
Many ducks and other birds get their food by digging in the mud at the bottom of a lake or river. The birds ingest small stones called grit to grind up their food and cannot differentiate between a sinker of 50 grams or less and a small pebble.
A fish eating water bird such as the common loon may also be attracted to bait on a fishing hook. Often times loons will swallow the hook and sinker when it is still attached to the line. The birds may also eat fish that have swallowed a sinker. Once a bird swallows a lead sinker it will become very sick and often will die. Because lead sinkers are relatively large, larger than lead hunting shot, it often takes only one sinker to kill a bird.
The Canadian Wildlife Service has determined that lead sinker ingestion is probably the most frequent cause of lead poisoning in species such as the common loon, poisoning up to 30,000 loons annually.
Many of these loons will quickly die and their lead contaminated carcasses are eaten by predators, leading to further secondary poisoning. In response to this growing problem governments have slowly but surely begun to take action. In Great Britain the use of lead sinkers was prohibited in 1987 as a response to the deaths of thousands of mute swans. In the U.S. lead sinkers have been banned in some national parks and the U.S. Environmental Protection Agency is pursuing further regulatory action.
In its 1995 report entitled “It's About Our Health! Towards Pollution Prevention”, the Standing Committee on the Environment and Sustainable Development recommended that the federal government take action under the Canadian Environmental Protection Act to regulate lead sinkers and jigs by prohibiting the import, sale, manufacture and use of lead sinkers and jigs by May 31, 1997.
Although Environment Canada did use the Migratory Birds Convention Act to control the use of lead shot in certain areas of the country, it did not adopt the recommendations of the committee and prohibit the nation-wide use of lead sinkers and jigs.
The most recent action taken by the federal government was on September 17, 1997 when the wildlife area regulations pursuant to the Canada Wildlife Act were amended to prohibit the possession of any lead sinker or jig weighing less than 50 grams in national wildlife areas where sport fishing is authorized through permit or notice.
This amendment was similar to the amendment made to the national parks fishing regulations made under the authority of the National Parks Act. These regulations also ban the use or possession of any lead sinker or jig containing more than 1% lead by content in any national park in Canada.
Canada has also implemented regulations that will prohibit the use of lead shot when hunting for migratory birds pursuant to the authority granted under the Migratory Birds Convention Act.
It appears to me that the federal government has been cautious about regulating the lead content of hunting shot and fishing tackle because of its concern about jurisdictional authority, and rightfully so. To date the government has only used legislation that is explicitly federal in nature. The National Parks Act, the Canada Wildlife Act and the Migratory Birds Convention Act are all pieces of legislation that clearly authorize federal government intervention.
Although the bill has been deemed non-votable, I urge the hon. member for Simcoe—Grey to be cautious in his approach in the future. The Constitution Act, 1867, and the subsequent amendment made in 1982 do not clearly define all areas of provincial and federal jurisdiction over the environment and its conservation.
Since the Constitution does not clearly define all areas of jurisdiction, any regulatory action based on an unclear area of jurisdiction will likely be met with stiff opposition from the provinces.
Although the Supreme Court of Canada has constitutionally upheld the Canadian Environmental Protection Act as an exercise of parliament's power over criminal law, the federal government would be wise to move with caution on this issue, lest it intrude on areas of provincial domain.
Although the hon. member brings forward a very important issue and makes a compelling case for federal government regulation, my party and I cannot support him in this quest.
The Reform Party is committed to decentralization of federal authority and supports the restraint of the legislative powers of the federal executive and the Prime Minister's cabinet. Legislative authority should rest with the level of government that is able to govern most effectively in each area, with a bias toward decentralization in cases of uncertainty.
In the principles and policies of the Reform Party contained in the 1999 blue book it is stated that the Reform Party supports the principle that the provinces have exclusive jurisdiction over, among other things, sport fishing. Since it is clear that the target of the bill is Canada's sport fishing community, I cannot support it as it stands.
I wish to congratulate my hon. colleague from Simcoe—Grey for his admirable initiative. Canada's environment is best served when individual Canadians make personal commitments to conservation and protection, and I urge him to continue his vigilance.