Mr. Speaker, I will address the motions on compensation in the proposed species at risk act.
The legislation would allow for compensation to be paid for losses suffered as a result of any extraordinary impact when it is necessary to prohibit destruction of critical habitat or to make an emergency order to protect habitat. This has been a very difficult policy issue. There is little precedent on which to draw and I am aware of the many hours of study and analysis that have gone into this aspect of the proposed act.
We are committed to the standing committee amendment which clarifies that any compensation provided to anyone who suffers a loss from an extraordinary impact of the critical habitat prohibitions will be fair and reasonable. However, the government is moving to restore the discretion for the governor in council to make regulations in a way that is consistent with standard practice in other laws.
I spoke at the outset of the difficulty in framing this part of the species at risk act and the precedent it sets. Many of us have debated the issue for some time. Clearly what we truly need is several years of practical experience in implementing both the stewardship and recovery provisions of SARA and in dealing with questions of compensation. This would give us more to draw upon in forming the precise eligibility requirements because we would know so much more about value, process and eligibility.
We are already gaining some valuable experience on the stewardship and recovery side. With each passing year we get even more. We will put it to good use. The bill stipulates that these measures will be developed.
In the meantime there will not be a vacuum on compensation in the species at risk act. The Minister of the Environment has already begun to develop general compensation regulations that will be ready soon after SARA is proclaimed. The regulations will specify the procedures to be followed for claiming compensation.
I will use a few examples of how detailed and tricky the compensation questions can be. For instance, this is not about giving money to mining companies or pulp and paper companies for not cutting trees or extracting ore. We have to continue to foster stewardship and corporate responsibility.
Compensation is for those few people, particularly landowners, who are adversely affected by a direct request to change the way they are using their land.
The farmer who leaves his haying for two weeks so the nesting of a burrowing owl can be complete is likely to suffer an inconvenience but not a major financial loss. But there may be a campground owner whose property borders on Wood Buffalo National Park and a pair of whooping cranes nest in the middle of one of his prime rental spots. With less than 170 birds of this species in all of North America, we would discuss compensating him for the lost rental until the eggs are hatched and the babies are fledged. These are very specific situations. One can see how the difference could become a fine line. That is why we need the experience.
The general regulations would allow us to use compensation if there was an extraordinary situation, moving toward the more comprehensive guidelines after several years of relevant experience and knowledge in implementing the stewardship and recovery provisions of SARA, and in dealing with questions of compensation.
Then we will know much more about the methods to be used in determining the eligibility of a person for compensation, the amount of loss suffered by a person and the amount of compensation in respect of that loss. Our approach to compensation will be open and transparent. For now, determinations of compensation will be made on a case by case basis.
We are committed to thorough consultation with everyone who can help us gain that experience and who has a stake in a fair and effective system. It is also essential that everyone understands that there is, as there has been in the past, a commitment to consultation with all those who can help in gaining the experience needed for the development of a fair and effective compensation regime. We have listened for a long time and we will continue to do just that.