Madam Speaker, in 1995, when it reviewed the Canadian Environmental Protection Act, the Standing Committee on the Environment and Sustainable Development wrote “The government cannot protect the environment on its own, and it should not be expected to do so. Everybody has an interest in a healthy, clean and safe environment, and has a role to play in the protection of our environment”.
Bill C-32 reflects the philosophy that protecting the environment is everybody's responsibility. It puts the emphasis on partnership with other governments in Canada and abroad in other to address common issues.
But governments cannot act alone, and the duties of the federal government as set out in Bill C-32 provide that it should encourage the participation of the people of Canada in the making of decisions that affect the environment, and facilitate the protection of the environment by the people of Canada.
Let me describe briefly how Bill C-32 translates these general duties in specific opportunities for public participation.
We want Canadians to know how their environment is faring.
Under Bill C-32, the minister may continue to publish reports on the state of the environment and is legally bound to publish the national inventory of releases of pollutants. This is how Canadians will know exactly what quantities of pollutants have been released in their own community.
However, the information is of no use if people cannot use it and have ready access to it. This provision requires the establishment of an environmental registry to facilitate access to these documents and to all other documents relating to the present bill, including notices of the periods set for the public to gather observations and to obtain a permit; intergovernmental agreements; objectives, directives and codes of practice; and, finally, the regulations under the Canadian Environmental Protection Act. The government also intends to add the Registry to the Internet to make it even more accessible.
Access to information on the environment does not simply just encourage public dialogue on environmental issues, it is vital as well to ensure enlightened participation in decision-making.
This bill also makes participation in decision-making easier by ensuring individuals always have the right to present a notice of opposition to a proposed regulation and by increasing avenues of intervention to include the right to make observations on the scientific merit of evaluations done to determine whether a substance is toxic and to make observations on proposed equivalence agreements and on agreements regarding the creation of legislation between the federal government and other governments in Canada.
The public must know the government takes their observations into account. This then is why Bill C-32 sets out clearly the minister's obligation to report on measures taken in response to such observations.
Bill C-32 also recognises that there are circumstances in which the public should be able to demand direct actions. It gives individuals the right to call for an investigation when, in their opinion, the CEPA has been infringed. This legislation will require the minister to be more accountable, because he will be obliged to periodically report the progress of the study.
Measures have also been taken in this bill to ensure that individuals reporting violations of the CEPA may do so without appear of reprisal. These individuals may ask that their identity be protected, and anyone revealing the identity of a whistleblower is committing an offence. This bill as well provides protection to people providing information at the work place: anyone found harassing, disciplining or dismissing an employee who has reported a violation of the CEPA is committing an offence.
Bill C-32 contains a new right allowing an individual who did not personally suffer a prejudice to bring an action against someone who is alleged to have violated the Canadian Environmental Protection Act.
The provisions granting this new right were drafted with great care to avoid frivolous actions. For example, the claimant can only bring an action after having asked the minister to launch an investigation on the alleged offence, and only if the measures contemplated by the minister following the investigation to ensure compliance with CEPA or its regulations are unreasonable and the offence caused material injury to the environment.
To avoid having such actions being brought by “bounty hunters” trying to get rich, Bill C-32 explicitly limits the payment of damages. These provisions thus have the effect of preventing someone from bringing an action for the purpose of making money. However, the claimant may recover costs incurred for any investigation into the case and for the action.
Bill C-32 is a sincere effort to meet the expectations of the public, which wants to play a greater role in the protection of its environment. It is groundbreaking legislation on the rights of citizens, and we expect this House to give it the consideration that it deserves and to pass it as quickly as possible.