Mr. Speaker, I am pleased to rise on behalf of the constituents of the Surrey Central constituency regarding the report stage debate on amendments proposed to the government's species at risk act, Bill C-5, which used to be Bill C-33 and Bill C-65 in previous parliaments.
I make absolutely clear that Canadian Alliance members are committed to protecting and preserving Canada's natural environment and endangered species. Therefore the argument is not about whether or not we should have endangered species legislation but rather that we have effective legislation.
I commend the chief critic for the official opposition on the environment, the hon. member for Red Deer, who has done extensive work in putting forward reasonable amendments at committee stage. Of 13 motions in Group No. 1 which we are debating today coincidentally all the motions are moved by Canadian Alliance members. Eleven motions deal with the issue of compensation. Therefore I will focus my remarks on the compensation component of the bill.
We are opposed to this piece of legislation that punishes landowners and farmers for accidental harm done to species at risk or their habitat. The incentives this would put in place are totally perverse. They would punish the very groups that the government should be trying to bring alongside.
As it currently stands Bill C-5 proposes to allow for some discretionary compensation to landowners and resource users from extraordinary impact losses as a result of regulatory restrictions. Specifically this may mean forcing farmers to adapt their farming practices to accommodate nesting birds, selectively logging certain areas instead of clear cutting, forgoing logging in certain areas during migration season or not farming sections of land for a number of years.
I have many problems with this approach to dealing with compensation. The first deals with the basic issue in good policy making which deals with ensuring the costs imposed on society are distributed in a fair and even way. On the other side of the equation the benefits should ideally be distributed equitably within and across stakeholder groups. Then all Canadians including our future generations benefit when our natural heritage is protected. This deals with the benefit side of the policy equation.
On the costs side of the equation however the picture is less favourable. This is because the government has set a compensation scheme in place that imposes all the costs of protecting these valuable species at risk on to one particular group, that is farmers and landowners. In fact one could say this is yet another form of hidden taxation.
The government's current approach assumes that landowners and resource users need to be coerced into complying with such a law. In fact nothing could be further from the truth. Resources companies and farmers realize that their profits and livelihoods cannot come at the expense of the protection of species at risk.
Therefore the confrontational approach taken by the government shows that in spite of what it says has been exhaustive consultation with all stakeholder groups, the government is still ignorant of this.
One way of showing good faith in dealing with all stakeholders is to ensure that proper stewardship incentives are in place, including fair and reasonable compensation for economic losses.
One way to build relationships with landowners and resource users would be to establish stewardship agreements based on fair and reasonable support for forgone revenues. The basic economic logic suggests that the costs should be borne by all Canadians.
The government's consultation process seems to favour certain interest groups over others. The riding of Surrey Central, one of the largest in Canada, is largely urban. However a small proportion of my constituents derive their livelihoods from farming and resource related activities. They have already felt the heavy hand of the government as it mismanaged the softwood lumber industry.
The minister indicated on October 3 at committee that compensation provisions would be assessed on a discretionary case by case basis. As per this bill it is not mandatory for the government either to develop a more detailed policy or regulations on compensation. This attitude of just trust us is not acceptable.
This promise has never been put in black and white on a piece of paper. Provisions for full compensation must be outlined in legislation set by elected members, not by bureaucrats. The formula must be clearly spelled out before the bill is passed by the House. If the government is willing to do it, there should be no problem with putting its promise in writing in the bill. Our motions are listed in Group No. 1. Members should just vote for them.
The government may come back with the argument that an amendment passed at committee stage inserted a clause regarding fair and reasonable compensation into the legislation. This is somewhat misleading, however, since the compensation paid out under this provision is not compulsory. It is just case by case. Instead it is still up to the government to determine when compensation is to be paid.
Opinions can differ over what is to be considered fair and reasonable compensation. Also the government has yet to indicate the criteria it will use to decide who gets compensation and who does not. This is a problem that needs to be resolved before the legislation is passed.
While agreeing to pay compensation under certain circumstances is a baby step maybe in the right direction, it is far from clearly articulating and developing a system for calculating and selecting how the compensation will be paid to a given landowner or a farmer. Instead the government seems intent on punishing them in whatever way possible, whether this means not giving agriculture any new money in the budget or paying them for revenues lost due to the presence of endangered species on their lands.
Not only the opposition party is saying this. A well known economist from the University of British Columbia, Dr. Peter Pearse, proposed a compensation scheme whereby landowners would be compensated at a rate of 50% for losses that affected 10% or more of their income. I understand the government is using this report only as a discussion paper.
However I fear that the government is not interested in more discussion. There is every indication that it may impose closure on the debate just to snub what we are trying to say in the House. I believe this is just another example of irresponsible use of delegated regulation making power by the government and its departments.
Many times regulations do not depict the intent of legislation. This legislation is very vague. It has less meat on the bone. However through the back door the government is in the habit of pushing through the regulations which are not debated in the House. Through the regulations the government is coming up with all kinds of misdirections which are sometimes contradictory to the intent of the legislation.
It will not work without guaranteeing fair and reasonable compensation for property owners and resource users who suffer losses. Farmers, ranchers and other property owners want to protect endangered species but should not be forced to do so at the expense of their livelihoods.
The bottom line is that unless the bill provides for mandatory compensation and stops criminalizing unintentional behaviour, it will not provide effective protection for endangered species and we cannot support it as such.