Mr. Speaker, it is nice to see that the government has decided to follow up on parliamentary issues that began during the 36th parliament.
National marine conservation areas have already been the object of two bills, namely Bill C-8 and Bill C-48.
Bill C-8 was introduced by Heritage Canada to provide a legal framework for the establishment of 28 marine conservation areas, representative of each of the Canadian ecosystems.
As always, the Bloc Quebecois supports the establishment of environmental protection measures. We supported the government when it introduced its legislation to create the Saguenay—St. Lawrence marine park.
I should point out that the Quebec government is currently taking measures to protect the environment and, more specifically, the seabed.
The Quebec government is also open to joint management, as demonstrated by phase III of the St. Lawrence action plan.
Having said that, we cannot support Bill C-10 for three reasons.
First, contrary to what was done in the case of the Saguenay—St. Lawrence marine park, the federal government wants to act alone by giving itself the right to establish marine conservation areas without any regard for Quebec's jurisdiction over its territory and environment.
Second, the creation of a new structure proposed by Canadian Heritage will duplicate Fisheries and Oceans Canada's marine protected areas and Environment Canada's protected areas.
Third, although it is unable to protect the ecosystems in existing national parks, Canadian Heritage wants to create marine conservation areas.
The bill is consistent with the course set by a federal government, which is increasingly intruding on areas of provincial jurisdiction. Not only is it intruding, but now it is proposing duplication. In fact it would like to duplicate its own responsibilities.
Is it necessary to stress the fact that the bill before us does not respect the integrity of Quebec's territory? One of the main conditions to establish a marine conservation area is for the federal government to be the owner of the territory where it is to be established. The Constitution Act, 1867, states that the sale and management of public lands are an area of exclusive provincial jurisdiction.
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, the legislation would provide that Quebec could authorize the federal government to use its lands in connection with matters under federal jurisdiction but only by order in council.
I would add that habitat and wildlife protection is an area of shared jurisdiction and that the Quebec government is planning to establish a framework for the protection of marine areas in the near future.
It would be in the best interests of the federal government to work with the provinces instead of challenging them.
We already have several examples of co-operation such as the protection of the ecosystems in the Saguenay—St. Lawrence marine park and in the St. Lawrence River. All federal and Quebec departments have endorsed the St. Lawrence action plan, phase III.
Can the government explain clearly why it wants clear title to submerged lands to establish marine conservation areas?
Can it give us assurances and commit to respecting Quebec's land claims? Or is it going to ignore them as usual and establish marine areas wherever it sees fit?
It is our opinion that the mirror legislation which established the Saguenay—St. Lawrence marine park must serve as the model. It provides that both levels of governments, in Quebec City and Ottawa, continue to exercise their respective jurisdictions. There was no transfer of lands. The co-ordinating committee, which was struck to recommend to the minister responsible measures to reach the management plan objectives, encourages the involvement of local communities and is part of a Canada-Quebec co-operation framework.
There are other examples of co-operation. The environment is a shared jurisdiction under the Constitution Act 1867, and Quebec's jurisdiction is also recognized in the British North America Act, 1867.
By rejecting the concept of co-operation and by imposing title to the territory as an essential condition for the creation of marine conservation areas, the federal government is disregarding Quebec's jurisdiction over the environment, a further intrusion into areas of provincial jurisdiction.
I would like to illustrate just how complex the situation is in Canada when it comes to bodies of water. I will give an example that I have already given in a prior parliament but I believe it demonstrates just how complex the issues of jurisdiction are in relation to bodies of water, and the duplication between the federal and provincial governments.
Take the example of a fisherman who wants to go fishing on the St. Lawrence River. So far, so good. This fisherman has to ask the provincial government for a fishing licence.
He fishes on a boat he purchased in Quebec but on which he obviously paid a federal tax and a provincial tax. In order to launch his boat he must register it with the federal government.
Up to this point, everything is fine but before launching his boat he gets ready on the shore. He is on a territory under Quebec jurisdiction since the shores come under provincial jurisdiction.
However, the moment he launches his boat he changes jurisdiction because his boat is now on water, which comes under federal jurisdiction.
However, for clarity I must say that the bottom of the river is still under provincial jurisdiction. The fish that swims in the water and that the fisherman will try to catch is, unknowingly, under federal jurisdiction. But its friend, the crab, which is crawling on the bottom of the river, is under shared jurisdiction, even though the bottom of the river is still under provincial jurisdiction.
Once it is harvested, the fish that swims in federal waters will end up at the bottom of a boat. Then it falls under provincial jurisdiction. One must pay very close attention to the regulations, since there are federal quotas for those fish.
If we are talking about commercial fishing, there are federal and provincial laws and regulations regarding food, the environment, safety, equipment and so on. Do members understand? It is very complicated, is it not?
It is even hard for us to find our way through all this, so members can imagine how lost the average citizen who is not familiar with all these jurisdictions feels when he is told to get a licence.