Madam Speaker, the Minister of the Environment is to be congratulated for reintroducing the bill. It is urgently needed.
As we all know, Canadians care about endangered species, as proven by the many conservation projects across Canada, and the minister has provided funding to support current and future initiatives in this respect.
His promotion of stewardship is a major improvement over previous bills. In addition, the measure to provide a safety net, should the provinces fail to enact similar provisions, is also a fine improvement on the 1996 version, namely Bill C-65.
The minister should also be commended for some changes to Bill C-33. His changes include definitions in the bill, so amended to be consistent with those used by the committee on the status of endangered wildlife in Canada, a scientific committee. His changes also include the publication of specific documents in the public registry set up under the act, to provide greater openness, transparency and accountability.
Let me now describe some of the shortcomings of the bill, which could be corrected in committee. As regards the initial list of species, cabinet may, on the recommendation of the minister, establish the list of wildlife species at risk, but it may not. The bill does not even guarantee that there will be an initial list.
Scientists have appeared before the Standing Committee on Environment and Sustainable Development. They expressed a serious concern. There are currently approximately 185 species that have been reassessed by scientists. As I recall the discussion, we were asked that the reassessed scientific list, currently at 185 species, come into force at the moment the legislation is proclaimed so as to make it the starting list. I support that proposal. Earlier this afternoon, the member for Elgin—Middlesex—London put forward another proposal which I think has a great potential.
As to future changes by scientists to the list of species at risk, it is important to note that the provincial record, because of reliance on political listing, is very weak. Only 12% of endangered species have made it onto the legal list in Quebec; only 23% in Ontario; and only 32% in Saskatchewan. The abysmal provincial record shows how little protection may be given to species when politicians decide about listing.
The poor provincial record also underlines how crucial it is for Bill C-5 to ensure that the federal safety net will apply should a province fail to protect a species identified at risk by scientists. I commend the minister for having included this net. It is worth noting by contrast that in Nova Scotia the scientific list automatically becomes the legal list under the legislation. We should follow the Nova Scotia example.
Another weakness with the bill is that it contains too much discretion. In too many instances the minister may make a recommendation to cabinet, but he or she may not. Then there is the hurdle posed by the fact that cabinet may decide to enact crucial provisions of Bill C-5, but it may not. This means there is uncertainty in the implementation of the act affecting those who use the land. Landowners and other interested parties would not be given a clear indication of how they are to improve their practices to protect endangered species because of the uncertainty surrounding the implementation of key provisions of the bill.
Next, as we all know, the primary cause of the loss of species in this country is the loss of habitat, therefore, the importance of critical habitat. There is very strong public support for mandatory habitat protection. I received over 1,500 postcards and letters urging the government to provide mandatory habitat protection and I am sure my colleagues have too.
In the bill there is no mandatory habitat protection to species even within federal jurisdiction. Provisions against destroying the critical habitat of an endangered species would apply only where specified by cabinet even on federal lands. Similarly, regulations to implement necessary measures to protect critical habitats on federal lands are left to the discretion of cabinet.
By contrast, in the earlier bill, Bill C-65 which died in the 35th parliament, the responsible minister had the authority to regulate or prohibit activities that would adversely affect the species or its critical habitat. Why should cabinet be required to determine every component of the critical habitat to be protected for every species? Why not give the authority to the Minister of the Environment alone?
Then we come to the protection of the critical habitat of species within federal jurisdiction. That includes species on federal lands, migratory birds, aquatic species and cross border species. Here again the critical habitat of species at risk within federal jurisdiction may or may not be protected, depending on the will of cabinet, not of the responsible minister alone. Why leave such a key decision, clearly within the federal government's jurisdiction, to the entire cabinet and not to the Minister of the Environment alone as is very often the case with other important key legislation in other sectors?
Moreover, prohibitions against destroying critical habitats may apply to species on federal lands in the exclusive economic zone of Canada or in the continental shelf of Canada. Cabinet may make regulations to protect critical habitats only on federal land. These sections of the bill need to be strengthened to include all federal jurisdictions, namely all federal lands, migratory birds, cross border species and aquatic species.
The Minister of the Environment made a strong commitment when he said in the House on February 19: “These species, the species at risk, and their critical habitat will be protected whether they are on federal, provincial or territorial or privately owned land”.
However there are too many layers of discretion in the bill to facilitate the implementation of the minister's commitment. There are two other ministers whose approval is also needed. Then there is the whole cabinet that needs to be persuaded to act. The likelihood that the federal government will apply habitat protection even on federal lands is slim as the bill is written at the present time.
As to chances that the federal government will provide a safety net are even smaller. Where the minister finds that the province or territory is not protecting the critical habitat, the minister must make the recommendation to cabinet after consulting with the territorial or provincial minister. There is no time limit on these consultations. They could go on for a long time. Added to this is cabinet discretion. Conditions make it unlikely that habitat protection provisions will be put in place in the provinces or territories when needed.
The same can be said about the general prohibitions against killing a species or destroying its residence. Such provisions would apply on lands of a province or territory only to the extent that the federal government may specify after the minister has consulted with the province or territory. Obviously Bill C-5 would be more effective with a time limit for consultations and a time limit for the minister to make his or her recommendation.
I strongly urge the government to make the necessary amendments, so as to give the Minister of the Environment the tools he, or she, may need in the future to do what he said he would do, when he said in the House:
Make no mistake, where voluntary measures do not work, or other governments are unwilling or unable to act, the federal safety net will apply.
As to the discretionary federal powers, make no mistake. We all know these powers, which address cross border or federal-provincial environmental problems, have existed for many years. They are included in the Canada Wildlife Act, the Canadian Environmental Assessment Act, the Canada Water Act, et cetera. However, federal discretionary powers have not been used. Why rely on their use for providing effective protection of endangered species if in reality there is no record of the use of such powers?
I am splitting my time, Madam Speaker, with the member for North York. Canadians place high expectations on this government for protecting endangered species. The legislation offers great potential for co-operative management and stewardship of our land and wildlife but amendments are needed. Hopefully, after hearing witnesses the committee the government will decide to make the necessary changes.
I will conclude by saying that we need strong legislation to halt the continued slide toward extinction of endangered species before it is too late.