Mr. Speaker, I am pleased to rise to join in the debate today on Bill C-5, the species at risk legislation.
I am no stranger to the important issue of being a good steward of the land and the world around us. The habitat of the Vancouver Island marmot, one of Canada's most noted species at risk, is in my riding of Nanaimo--Cowichan. Like my colleagues on all sides of the House, I have learned much in the past number of years about the need to ensure the ongoing balance of natural habitat and the effect the issue has on our daily lives.
The premise of preserving species at risk is not open to debate. I am sure all members see the value of this. However the government has done such a poor job of putting the bill together that I must oppose it. It is amazing that after three attempts the government and the Minister of the Environment still cannot get it right.
As we debate the Group No. 1 amendments and the issue of compensation I believe the legislation would do more harm to habitat and people than the current lack of legislation. I commend my colleagues in the Canadian Alliance, specifically my hon. friend from Red Deer, for putting a great deal of effort and thought into the proposed amendments we are debating today.
People in my riding of Nanaimo--Cowichan are concerned with conservation, the environment and the natural habitat around them. For those who do not know my part of Canada it is filled with vast tracts of untouched rainforest. We understand the need to preserve and protect species at risk. However in so doing we must ensure the protection is done fairly and in balance with those who would be directly and indirectly affected.
The issue of compensation plays an integral part in the bill. Bill C-5 includes the premise that the minister may pay compensation for losses due to the species at risk act. This is an improvement over the Liberal's earlier versions of the endangered species bill but it is still not good enough. Compensation under the current bill would be entirely at the minister's discretion. There is no requirement that it be paid and no recognition that landowners and users have rights as well as responsibilities.
At the Standing Committee on the Environment the Canadian Alliance won a huge victory when it was agreed that compensation should be “fair and reasonable”. However the bill says compensation should only be for losses suffered as a result of any extraordinary impact arising from the application of the act. Under the current version of the bill we do not fully know what the term “extraordinary impact” means.
Dr. Peter Pearse suggested in his government commissioned study that landowners be compensated up to 50% for losses of 10% or more of income. Will this be the new government policy? If so, why not have the courage to say so and include it in legislation?
The minister pleads that compensation is a complex issue. He says more time is needed to study it properly. At no time has the minister brought forward cost estimates for different compensation scenarios or had discussions about how many people might be affected. This only contributes to the uncertainty and reinforces the perception that government environmental programs would be brought forward with little or no planning or preparation. I encourage the minister to table the compensation estimates and reports today.
Why compensate? It is recognized almost around the world that to implement an effective species at risk act there is a need for compensation. If the government is serious about species at risk legislation it should incorporate the principles of the UN Convention on Biological Diversity to conserve species and ecosystems. Article 20 of the convention states:
Developed country Parties shall provide new and additional financial resources to enable developing country Parties to meet the agreed full incremental costs to them of implementing measures which fulfill the obligations of this Convention--
The UN convention recognizes that because the objective of maintaining bio and ecosystem diversity is so important, costs must be equitably borne by everyone and not primarily by developing countries. We expect the same principle to apply to Bill C-5. It should recognize that the protection of endangered species is for the common good of all Canadians.
Compensation to private landowners for regulatory restrictions imposed in protecting endangered species and preserving biological diversity is practised in many jurisdictions around the world. I will cite a few examples. In Tasmania the Threatened Species Protection Act 1995 states:
A landholder is entitled to compensation for financial loss suffered directly resulting from an interim protection order or a land management agreement.
The legislation goes on to state:
The Minister must determine the amount of compensation to be paid to a person entitled to compensation.
In the European community landowners receive compensation if they agree via a management agreement to maintain features of the landscape. The United Kingdom operates the Environmentally Sensitive Areas Scheme with 10 year agreements. Under the act payments are based on a per hectare basis. There are currently 43 ESAs in the United Kingdom covering 15% of the agricultural land base.
Switzerland runs the Integrated Production program, a voluntary scheme whereby farmers are given standard amounts based on profits foregone in return for agreeing to certain restrictions.
Scotland has the Goose Management Scheme run by the Scottish National Heritage trust. The scheme pays farmers per head for greenland white fronted geese recorded on the land over a 12 month period.
The concept of compensation corresponds directly with the basic principles of the economic market. In other words, if the value of my property is diminished because of someone else's actions I expect to be compensated. In addition, provisions in the legislation for full compensation would act as a disciplinary device for governments. Many Canadians are already skeptical of the role of government in their daily lives. A disciplinary process would restrict random regulations, make the government more careful in planning and respect private property which is the basis of our economic system.
Compensation or full support is absolutely necessary to achieve full co-operation from landowners and healthy species populations. It has been the experience of other countries that without proper compensation incentives, people depending on land for their livelihood act in ways counterproductive to saving species at risk. This is not in anyone's best interest.
The endangered species act would give unwarranted discretion to the minister to intervene and defend species at risk yet it gives no guidance about how the goal is to be balanced with other considerations. COSEWIC, the independent scientific panel responsible for maintaining the list of species at risk, would take into consideration scientific evidence. This is as it should be. However it must be balanced against the real concerns of property owners, industry and the economic well-being of all Canadians.
Protecting endangered species must work for the species and for people. Any other approach would risk creating antagonism and suspicion rather than co-operation. It would guarantee the act did not work for anyone. The government must do more for property owners, farmers and others who feel their livelihoods or prosperity may be affected. It must not simply say “trust us”. It must stipulate that a commitment to protecting endangered species would be cost effective and respect the economic interests of Canadians.
Motion No. 1 therefore asks:
That Bill C-5, in the preamble, be amended by replacing lines 22 to 24 on page 2 with the following:
“landowners should be compensated for any financial or material losses to ensure that the costs of conserving species at risk are shared equitably by all Canadians,”
The premise of legislation protecting our endangered species is an important and valid one. Action is long overdue, but let us ensure the legislation will adequately deal with all parts of the equation and not just one.