Mr. Speaker, I rise today to speak with great concern about the government's Bill C-10, an act respecting the national marine conservation areas of Canada. Before I comment on the areas of the bill that I find quite concerning, I would like to make the following statement.
I believe that Canada's natural heritage should be protected and that it is our responsibility to ensure a viable environment is passed on to our children and our children's children in perpetuity. However, I also believe that the very survival of many remote and coastal communities, particularly those in my riding in northern British Columbia, depend on natural resources.
British Columbia has been blessed with beauty and an abundance of natural resources, many would say more than enough to go around. Yes, we must protect our natural environment, but we must do so with the understanding that not all industry is harmful to the environment and that the economic sustainability of many coastal and remote communities hinges on their ability to extract or harvest those natural resources, be it fisheries, forestry, mining or drilling for fossil fuels. This is a reality we cannot overlook.
As members of the House undoubtedly know, the bill has had a rather difficult time making its way through parliament in the past.
An earlier form of the bill was introduced in the House of Commons during the 36th parliament as the then Bill C-48. It was referred to the Standing Committee on Canadian Heritage which heard evidence in February and March of 1999. Bill C-48 then died on the order paper when parliament was prorogued.
It reappeared in the second session of the 36th parliament as Bill C-8. It made its way as far as report stage. Although it was amended slightly in committee, it too died on the order paper when parliament dissolved to the call of the October 2000 election.
Bill C-10 before us today is a reincarnation of both Bill C-48 and Bill C-8, taking into account the 1999 amendments.
I would venture to suggest that a lack of broad public consultation is the reason for previous versions of the bill being dumped from the government's legislative agenda in the past. I would say that it still needs much amending.
I do urge the government whip to allow her members to take a long hard look at the effects of the bill and allow their conscience to guide them in making much needed changes in committee and report stage.
At this time I would like to shift my attention away from the scope of the bill and narrow in on what I believe are some key areas of the bill.
To begin, let us take a close look at the preamble, specifically lines 4 to 10 in the government's definition of precautionary principle. The bill begins by stating:
Whereas the Government of Canada is committed to adopting the precautionary principle in the conservation and management of the marine environment so that, where there are threats of environmental damage, lack of scientific certainty is not used as a reason for postponing preventive measures;
The hon. members in the House today and the viewers at home may not realize that Bill C-10 considerably expands the concept of the precautionary principle. There is broad support for the wording of principle 15 of the 1991 Rio declaration on environment and development, which states:
In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost effective measures to prevent environmental degradation.
Members of the House should be concerned that since the precautionary principle guides the government in its decision making process, this substantially expanded version allows the government to essentially create marine conservation areas wherever it pleases; the definition is that broad.
By removing the words serious or irreversible when dealing with threat assessment, the government has carte blanche to decide what warrants a designation of a marine conservation area and what does not. This is not in accordance with the Rio declaration that Canada signed on to and, as such, is not an appropriate definition of the precautionary principle.
I would urge members of the House to demand the amendment of the definition. The precautionary principle is the guiding force determining what regions become marine conservation areas. It is not acceptable that this definition be expanded arbitrarily.
I am concerned with a few other clauses of the bill, which I believe either need to be amended or entirely deleted.
The government has said that the purpose of the bill is to establish the rules that will allow for the creation of national marine conservation areas to protect and conserve marine ecosystems that are representative of the 29 marine environments in Canada's coastal zones and the Great Lakes.
Unlike national parks, whose resources are fully protected, marine conservation areas are managed for sustainable use, except where forbidden by clause 13, which deals with the exploration and extraction of any and all mineral or other deposits within a marine conservation area.
The bill would allow for sustainable use within the marine conservation area, with a focus on recreation, tourism, education and research.
Currently, federal-provincial agreements are either in place or under consideration for four parks, representing five of the twenty-nine marine regions. The proposed Gwaii Haanas park on Queen Charlotte Shelf in the Hecate Strait marine regions is in my riding of Skeena. This park could represent an area roughly equivalent to one-sixth of my total riding.
I must say that there are those who believe the intent of the legislation is to forbid any form of development within marine conservation areas and, further, to go beyond protecting the original 29 marine regions the legislation was designed for and to create many more new marine conservation areas. This is of grave concern to me and to many other Canadians.
As is mentioned in the bill, these 29 marine conservation areas would be zoned for different uses. Some may be zoned strictly for tourism, others for science, and there are many who believe most of these marine conservation areas would severely restrict any human activity, but more specifically industrial activity.
Whatever the original intent of the bill may be, I would urge members to take specific notice of clause 13, which specifically forbids any mineral or inorganic resource extraction within all marine conservation areas. Allow me to quote from the bill in clause 13 on page 9:
No person shall explore for or exploit hydrocarbons, minerals, aggregates or any other inorganic matter within a marine conservation area.
I ask the House to reflect on why the bill needs such a severely restricting, overarching clause affecting all marine conservation areas when it is supposed to be the intent of the bill to zone each area for specific usage, unless of course it is the government's intention to shut down those industries in Canada that rely on the extraction of such materials.
Furthermore, I find it quite strange that members of parliament representing areas of Atlantic Canada would not strongly object to such a clause since some of them hail from a province like Newfoundland, where the famous Hibernia offshore drilling program has successfully and, may I say, in an environmental manner penetrated the ocean's floor, and its very existence is ensuring the lives and well-being of many Newfoundlanders and Atlantic Canadians. Should such a bill and clause have been introduced prior to the Hibernia project and even prior to any exploration for that project, it possibly would never have been.
I would like to press on in this vein a little further and say that the legislation could prevent any further exploration and development off the shores of Newfoundland. For that matter, it could prevent such development off the shores of Canada, period, be it in our Atlantic, Arctic or Pacific oceans. Of course many will say that is true only if those specific areas are designated as marine conservation areas. That brings me to my next concern with the legislation.
I ask hon. members of the House to take note of clause 5 on page 4. Subclause 5(1) is most distressing and represents what is fundamentally wrong with the government. It seriously undermines the effectiveness of elected representatives in the House. I believe that once the members in the Chamber today hear what I will read from the bill they cannot help but understand that there need to be serious changes to the bill for it to be accepted in the Commons. I will quote from subclause 5(1):
Subject to section 7, for the purpose of establishing or enlarging a marine conservation area, consisting of submerged lands and waters within the internal waters, territorial sea or exclusive economic zone of Canada and any coastal lands or islands within Canada, the Governor in Council may, by order, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area.
In plain English what this means is that the Prime Minister and his cabinet can decide out of the blue to create a marine conservation area in any member's riding or backyard. Yes, the bill does recommend that the Minister of Canadian Heritage consult with those she or he deems to be affected people, but it does not guarantee that their opinions will be heard and agreed to. It is conceivable, should parts of the St. Lawrence be considered a marine conservation area, that the government could restrict or reduce fishery catch levels for various species, or even shipping levels. The heritage minister might even choose some of the most fertile fishing grounds on the east coast or, for that matter, the west coast, and deem them marine conservation areas. There would be nothing we as elected members of parliament could do about it.
How does the minister think this will sit with Canadians and more so with coastal communities whose very survival in many cases depends on the resources they can extract from the sea? The power the bill in this clause takes away from Canadians and their parliament and places in the hands of a very few insiders, cabinet members, is appalling. I know my constituents will not stand for it and neither will I.
I implore members of the House to demand the amendment of the clause and to return the power of creation and enlargement of these marine conservation areas to the hands of parliament, where it will receive much reflection, consultation and thought. We are accountable to our constituents and to Canadians.
I know my comments in the House today may seem strong and passionate, but when I read on to the end of clause 5 to subclause 5(3) my blood really boils. There is no doubt that Canadians listening today should be outraged at the fact that cabinet is the sole body creating and enlarging marine conservation areas. However, it should incense them even more to learn that the body that creates these areas does not have the power to reduce or eliminate them.
Let me explain. It is all right for the government to expedite the creation of these marine conservation areas and to wield the swift power of cabinet to that end, but to reduce or eliminate an area would take an act of parliament. Allow me to read once again from the bill. I would ask members to take note of subclause 5(3) on page 5:
No amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a marine conservation area.
Of course I agree that parliament should be the body deciding on whether or not a marine conservation area should be designated. However, what Canadians may not realize is that only the government can raise in the House an amendment to an act of parliament, meaning that it would have to be the will of the government of the day to amend or remove a marine conservation area. It would not be up to individual members to do so. Although we as elected members would have the opportunity to debate such a bill, we could not make any changes on our own.
It is also important to note that it is not uncommon for a bill to take up to one year to make its way through the House of Commons and its standing committee, to the Senate and then to receive royal assent. Depending on the priority the government places on the bill, it could take even longer.
We know that in reality the time a bill spends in the House of Commons or the Senate is controlled by the government. It has been known to push bills through in weeks and it has also dragged its heels on some bills for years, not unlike what has happened to the history of this bill, I might add.
The point I am trying to make is that the government does not need to abrogate its democratic responsibility by allowing clause 5 to stand. It already has the power to push bills into law and could create as many marine conservation areas as it likes.
I would urge the government to do the right thing and allow parliament its due evaluation, consultation and amendment of bills relating to specific marine conservation areas, not ram this omnibus piece of legislation through the House.
I would ask members to support amendments to the legislation that would see the need for the government to introduce specific legislation for every marine conservation area it plans to designate.
I would ask members to support amendments to remove clause 13. As mentioned, that clause would eliminate the ability to ever extract resources from the marine conservation areas regardless of the environmental viability of any project.
I will leave you and my hon. colleagues with these final words of caution and conscience. Members should ask themselves how their constituents would react if their fishing grounds were to become protected under the bill. How would their constituents feel if their activities, those which, I might add, put food on their tables and clothes on their children's backs, could not be continued? What if they were told they could not work or that the bill would drastically affect the future of their community? I would venture to suggest members of parliament would want to consult widely, bring their concerns to the attention of the minister and have their day in the House to express those opinions and to convince their colleagues to support their endeavours.
As this bill currently stands, hon. members will never have that opportunity. That is wrong. Therefore I move:
That the motion be amended by deleting all the words after the word “That” and substituting the following therefor: Bill C-10, An Act respecting the national marine conservation areas of Canada, be not now read a second time but that the Order be discharged, the Bill withdrawn and the subject matter thereof referred to the Standing Committee on Canadian Heritage.