Madam Speaker, I am happy that the House is sitting today.
Everybody knows that Quebec and the Bloc Quebecois are in favour of measures to protect our environment. However, they will never accept that, in doing so, Quebec's constitutional rights be reduced, particularly because Quebec, as regards the environment, is a model in several respects.
We all remember that the Bloc Quebecois did not hesitate to support the government when it introduced its legislation to create the Saguenay—St. Lawrence marine park in 1997. In fact, that legislation and the one passed by the Quebec government provided for the creation of the first marine conservation area in Canada, and we are proud of that.
Through these pieces of legislation, each government continues to fulfill its respective responsibilities in the Saguenay—St. Lawrence marine park. This park includes only a marine area. Its boundaries may be changed only through an agreement between the two governments, provided there is joint public consultation in that regard. These are some of the main legislative provisions passed in 1997.
The main thing to remember, which the government seems to have forgotten, is that the creation of this marine park is the result of a consultation between the federal government and the Government of Quebec. Unfortunately, the federal government did not think it was useful to follow the same path with regard to Bill C-10. This may be a sign that when things are going well for the federal government, it is time to make some changes.
Other precedents could have been followed, like phase III of the St. Lawrence action plan, which was concluded in the following way.
In June 1998, the federal Minister of the Environment and Quebec's Minister of the Environment released phase III of the St. Lawrence action plan, the financing of which was shared equally between the two levels of government. This is another example of a project that was developed jointly, while respecting the areas of jurisdiction of each level of government.
Should the refusal to apply precedents that have been proven to work be considered as a lack of goodwill, since nowhere in Bill C-10 can we find the slightest element of consultation?
How, then, can the federal government be naive enough to believe that the Bloc Quebecois would support this bill? Instead of focusing on working together, this bill does something dear to this government, namely the unilateral introduction of marine conservation areas without any regard for Quebec's jurisdiction on its own territory and environment.
But there is more. As if this were not enough, far from limiting itself to interfering in Quebec's area of jurisdiction, and apparently believing that ridicule has never killed anyone, the federal government is duplicating its own jurisdiction. As a matter of fact, this bill will confirm the introduction of marine conservation areas, thus creating a new structure at Canadian heritage and bringing about a duplication of pre-existing federal structures, namely marine protection areas under the jurisdiction of Fisheries and Oceans Canada and protected marine areas under the jurisdiction of Environment Canada. This means we are not through with disputes and they will all originate from the same side.
What is clear for everyone is that Bill C-10 totally ignores the territorial integrity of Quebec, given the fact that the federal government is to become the owner of the land where the marine conservation area will be created.
But there is a problem: the 1867 Constitution. Indeed, section 92 provides that the legislature of every province may exclusively make laws in relation to the management and sale of the public lands. Quebec is still a province. Quebec may only be a province, nevertheless it is still a province, nobody will dare say otherwise; a number of Quebecers though would like nothing better than to have a different status.
Quebec legislation on public lands applies to all public lands in Quebec, including the beds of waterways and lakes and the bed of the St. Lawrence river, estuary and gulf which belong to Quebec by sovereign right.
In addition, this same legislation provides that Quebec cannot transfer its lands to the federal government. But the federal government is not intimidated by Quebec legislation, it is a well-known fact. Canadian heritage is planning to establish marine conservation areas in the St. Lawrence, the St. Lawrence estuary and the gulf of St. Lawrence, three areas in which the submerged land is under Quebec's jurisdiction.
Time flies when one is speaking from the heart.
Canadian heritage wants to compel Quebec to give up its exclusive jurisdiction. What a nice example of co-operative federalism. It is very clear that the prerequisite for the creation of marine conservation areas in the St. Lawrence is the transfer of property rights to the federal government. Quebec will never agree to it.
According to Fisheries and Oceans Canada, the same territory could be zoned three different ways and come under three different federal departments enforcing their own specific regulations, all this under three different pieces of legislation.
Only God knows in which waters fish will feel like swimming. As for bureaucrats, I believe Moby Dick's stomach will not be big enough to house them all when they try to come to an agreement.
Again, since 1993 it is not the first time and certainly not the last time I am faced with a dilemma. If federal departments are unable to work together, how can we expect the federal government to be able to work with the provinces?
Marine conservation areas served à la Canadian heritage are like ketchup: I do not want any.