Mr. Speaker, the report stage of Bill C-5 is very important. The issue of compensation is one that rose again and again in committee. It is a point of contention for any property owner or other individual or company with a vested interest in land.
The key to the success of Bill C-5 is co-operation. We have been stressing this point. The federal and provincial levels of government, wildlife management agencies and property owners must agree to work together in order for species and habitat to be protected.
There is little hope of true success if this co-operation means financial hardship for property owners. I know that in the western provinces, where many property owners are also farmers and ranchers, they are still reeling from the effects of last year's drought. By all indications that weather pattern will continue on into this production year. The last thing these producers need is more financial burden placed on them by the government.
Most of the producers and landowners with whom I have been in contact are having problems. Many feel that the government has abandoned them. They are in need of help and co-operation from the government, yet they do not see this happening.
The bill rests firmly on the government's feeling that it should be trusted. The government will have a hard time selling that kind of policy in most areas of the country. There must be equality in the bill. In particular, equality must be applied to the financial implications of implementing the legislation. Landowners, ranchers and farmers cannot be expected to take on the lion's share of the cost of these measures. The wildlife and habitat that is to be saved would be to the benefit of all Canadians and the cost of the program should then be shouldered by all Canadians.
Property owners should not be subjected to undue financial hardship. Provisions must be made for the mandatory compensation of property owners. This cannot be left to the discretion of the minister. Compensation must be extended not only to property owners but also to those with an interest in that land. This would mean including those with a legal interest, such as the leasing of crown land.
The minister would have us believe that the issue of compensation is complex and requires more studying. The bill can hardly be passed through the House without having clear and definite guidelines for compensation. Once again the government would have us trust it.
Fair market value should be the basis of compensation. This would simplify the issue. Independent review boards or tribunals would make the decision on what this level of compensation would be. To leave this important issue up to the discretion of the minister simply will not work.
When left to its own discretion, we see what happens within the government. It said that we should trust it, that a national gun registry would be efficient and cost effective, and that Canadian agriculture was a priority and that funding would be adequate.
Guidelines for compensation must be included in the bill. Without the promise of fair compensation, the co-operation of the property owners will be limited. This is not to mean that the property owners are not interested in the protection of endangered species. There is, however, little incentive to co-operate when property owners know that the financial burden of this protection is solely that of the property owner or the interested party.
As the protection of species at risk benefits all, the responsibility of ensuring this protection must be shared by all. Compensation only makes sense. If an owner's financial situation is directly affected by someone else's actions, then it is reasonable for the property owner to seek compensation. The government should not be allowed to consider itself exempt from this basic practice.
Many property owners take it upon themselves to be active in the efforts of conservation and protection. Incentives, such as compensation, would go a long way toward securing these efforts. Conservation and protection is not a one time deal. It is an ongoing effort. There are long term losses faced by property owners if their land is used for these purposes. The property owner has the right to expect compensation for these losses.
The farmers and ranchers that I know are environmentalists and conservationists. They have developed and implemented many fine examples for environmentalists and conservationists to look at. We should listen to them and make sure their wishes and wants are looked at before the government proceeds to make this unfair bill law.
Compensation must be a broad base approach. There should be the inclusion of recovery of legal and other costs incurred by property owners outlined in the bill. Not all property owners have the financial resources to defend their position in courts. Compensating legal costs would offer them a level playing field if conflicts arose between themselves and the federal government due to the implementation of the legislation.
Extraordinary impact cannot be the basis for compensation. Any impact on the property owner must be recognized. To limit compensation to severe circumstances will only serve to limit property owners' willing participation in the protection of endangered species and habitat. That is where we get the shovel and shut up theory that has gone on. It has caused lots of problems in the livestock industry.
If left as it is, the outline for compensation being granted only where extraordinary impact occurs leaves us all wondering who will be making the decisions on what constitutes extraordinary impact. Will these decisions be left to the minister? This is far too indefinite. What may be seen as extraordinary to one person may not be seen as extraordinary to another.
The property owners, I am sure, will be far more likely to view impact on their land as extraordinary than the minister would be. This again leaves the property owners at the mercy of the minister. This is neither fair nor just.
What is key in this issue is the rights of the property owner. These cannot be superseded by the whims of the government. If the principles and goals behind the bill are to truly succeed, the property owner is the first step toward these goals. The bill expects the property owners to be aware of their responsibilities but is negligent in addressing the rights of the property owners. Without landowners' co-operation, there is little hope of success.
Without the necessary amendments, we are left with a bill that amounts only to good intentions. The bill's enforcement and guidelines are far too ambiguous. It lacks the clarity and definition necessary to ensure the adequate protection of species at risk in this country.
The bill must be fair to all participants. Only then will we benefit from its good intentions.