Mr. Speaker, let me speak on some of the benefits that would come to Canadians, from all the different parts of the country, with the establishment of a national marine conservation areas act.
It would provide increased protection for outstanding examples of Canada's Atlantic, Pacific and Arctic Oceans, as well as the Great Lakes. It would provide an opportunity to increase public awareness and understanding of Canada's rich natural and cultural marine heritage. It would provide an opportunity to promote and publicize Canada as a worldclass ecotourism destination. It would provide an opportunity to diversify the economies of remote coastal communities. It would provide better planning with respect to ecologically sustained use of marine resources. As well, it would provide a focus and support for long term scientific research and monitoring related to the marine environment.
My colleague from the Bloc Quebecois raised the issue of provincial jurisdiction by saying that problems will arise concerning the management of these issues.
I would say, particularly to the hon. member, that this legislation does not affect in any way the existing relationship between the provinces and the federal government. For example, if a province owns all or part of the submerged lands in a sector where Parks Canada proposes to create a marine conservation area, a federal-provincial agreement will have to be concluded in order to transfer the ownership of the submerged lands to the federal government. Without such an agreement, the marine area cannot be created.
This is how the issue will be managed.
In marine areas where there was a contested federal as well as provincial jurisdiction, there would always be consultation with the province concerned with a view to finding a mutually satisfactory resolution. The federal government does not intend in any way, shape or form to act unilaterally.
Moreover, that way, we can always solve the difficulties which could arise, one way or another.
Another issue was raised, this one about the native peoples. As regards existing aboriginal or treaty rights, several stakeholders recommended that a non-derogation provision be included in the bill. These rights being constitutionally protected, the government has the obligation to respect them, regardless of any law. Nonetheless, for greater certainty, such a provision has been included in this bill.
When the committee heard from witnesses, concerns were expressed that the bill limited the circumstances under which reserves could be created. As a result, the bill was amended to broaden its scope making it clear that reserves could be established in the maritimes, or British Columbia for example, where there are settlement processes for claims to aboriginal rights other than the comprehensive land claim process.
The witnesses also expressed concern with the fact that the bill requires an act of parliament to remove lands from a national marine conservation area yet there could be situations, such as court decisions pertaining to the title, that should be resolved in a more expedient manner.
As a result, the bill was amended to allow the governor in council to remove land from a marine conservation area by order in council if a court, for example, found that aboriginal titles existed and the title holder did not want the land to remain as part of the marine conservation area. Here again we have seen that the committee has responded to the wishes of witnesses in that particular area of concern.
There is another notion, which is the establishment of a marine conservation area. It has always been the government's intention that those national parks and national marine conservation areas would be established in the same manner. As such, Bill C-10 was amended to reflect changes made in the recently proclaimed National Parks Act and all changes affecting the establishment procedures adopted in this bill will also be reflected in that act.
With regard to management planning, the bill states that the management plan would be prepared within five years of the area being established. While the bill was in committee, it was suggested that five years was too long to wait. Coastal communities need greater certainty before an area is established. The bill was amended so that when a new proposal comes before parliament, along with the report on the objectives and management of the area, the report will also include an interim management plan. In addition, the report will outline the consultation held on any agreement reached with provinces and other departments.
A management advisory committee will be created for each marine conservation area to ensure that consultation with local stakeholders continues on an ongoing basis.
The management plans for each area must be reviewed at least every five years. Thus the government will take a learn by doing approach for every area.
In each marine conservation area, ongoing consultations will make it possible for Parks Canada staff to take advantage of the knowledge of local residents and the traditional ecological know-how of the coastal and aboriginal communities.
The question of zoning was also raised. I want to emphasize to my colleagues the importance of zoning as a powerful and flexible tool for managing use within a marine area. In each marine conservation area there would be multiple use zones where ecologically sustainable uses are encouraged, including fishing. There will also be zones where special protection is afforded to, for example, critical spawning grounds, cultural sites, whale calving areas and scientific research sites. These would be protected zones where resource use would not be permitted.
The bill was amended to clarify that all marine conservation areas would contain at least two types of zones. At the same time, enough flexibility is left in the bill to ensure that each area can have a zoning plan that is appropriate to its individual situation.
I can assure hon. members that the regulatory authorities already in place in this bill, particularly those relating to zoning, can be used to manage activities such as bottom trawling, on a case by case basis, in locations where the seabed is vulnerable.
Parks Canada will identify the location of protection zones and surrounding multiple use zones for each proposed national marine conservation area during the feasibility study for that area in full consultation with those directly affected.
Finally, on the consultation question, it should be noted that the consultation provision of the bill has been strengthened considerably. The proposed legislation now requires the minister to consult with stakeholders, which includes relevant provincial and federal agencies and ministries, affected coastal communities, aboriginal governments and organizations, bodies established under land claim agreements, and other persons and bodies as appropriate.
The list of matters on which ministers are required to consult has also been expanded to include the development of regulations as well as consultation on the establishment of any proposed national marine conservation.
In the course of the committee hearings, the committee spoke to witnesses who approached the bill from a very different perspective. Some clearly stated that the bill was too restrictive and unnecessarily focused on environmental protections. At the same time, others saw the bill as too weak and asked the committee to consider further blanket restrictions and prohibitions.
The committee was sensitive to the concerns of all parties. The amendments that have been made show the serious approach the government has taken to those concerns and how it has made an effort to make the required changes when possible and appropriate.
On the whole, I believe the government has taken a balanced approach to the bill. It is my hope that the House of Commons approves it.