Mr. Speaker, one of the most noteworthy aspects of the species at risk act and the one that has drawn a great deal of attention is the provision it makes for compensation. I would like to address my remarks today to this part of the bill.
Clearly wildlife does not live within a certain set of boundaries that we can just cordon off to protect them. We cannot tell the piping plover to build its nest only on a protected lakefront in Saskatchewan any more than we can tell the loggerhead shrike to stay away from cattle grazing areas.
We do have protected wildlife areas and sanctuaries and we are getting more all the time, but we cannot simply turn all of Canada into a protected area. Farmers, trappers, fishers and woodlot owners and their families are the people who make their livings from the land. Many of them have done so for centuries. We need to work together with the people who are using the land and waters in a way that also protects habitat as much as possible. We need to work with farmers, ranchers and trappers to find means to look at total land use including habitat protection. We call this stewardship. We call this a conservation approach.
This working relationship is important for many different reasons. By fostering stewardship we are emphasizing the co-operative process first when it comes to habitat protection. We understand that Bill C-5 is strong legislation. There are prohibitions where they are needed, but these prohibitions are designed to come into effect when the co-operative approach does not work.
We know from firsthand experience that most people want to do the right thing. During the development of the legislation, which has been nine years in the making, we realized that should a situation arise where the co-operative approach does not work and the prohibitions kick in, the legislation would also have to provide authority to compensate for losses that are suffered as a result of extraordinary impact.
We also realized this compensation regime was something quite unique. We are not afraid of making new policy. That is what we were elected to do, but extreme care must be involved in this very important aspect of the legislation.
We have looked at examples of other compensation regimes for land use restrictions though there was not much to choose from. We have consulted far and wide. There are many different views and the process has proved to be much more complex than we originally had thought.
We have no intention however of abandoning the idea. It is quite the opposite. We know what compensation will not be. It will not be a superfund that pays resourced based companies for not mining or for harvesting. We will continue the many partnerships that have grown over the years with large forestry and mining companies, with fishers, with farmers and with others, partnerships that are building conservation and stewardship into the way they do business. Integrating conservation and stewardship into the way of doing business is not just good for species and their habitats. It is just plain good business. It is sustainable development.
Our approach to compensation will be open and will be transparent. For now determinations of compensation will be made on a case by case basis. Clearly we truly need several years of practical experience in implementing both the stewardship and the recovery provisions of the species at risk legislation and in dealing with the question of compensation. This will give us more to draw upon in forming the precise eligibility requirements because we will know so much more about the value, the process and the eligibility.
In the meantime there will not be a void. We will develop general compensation regulations soon after the act is proclaimed. These regulations will specify the procedures to be followed for claiming compensation. This will enable the compensation provisions to be used should an extraordinary situation arise.
Work has begun already on developing these general compensation regulations. We will be able to develop more detailed regulations after several years of practical experience in implementing the stewardship and the recovery provisions of species at risk and in dealing with the question 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.
We are committed to continued thorough consultation with everyone who can help us gain the experience and who has a stake in a fair and effective system. The government is moving to restore the discretion by the order in council to make regulations in a way that is consistent with standard practice of other laws.
The direction provided by the standing committee says that compensation should be fair and reasonable. That is maintained in the government's motion. The commitment to compensation remains a commitment to be fair, to be open, to listen and to move carefully in designing a regime that works for everyone.