Mr. Speaker, I will say a few words in support of the government's motions as well as its approach to assessing and listing species at risk as set out in the proposed species at risk act, Bill C-5.
First, we need to make sure everyone understands. There has been confusion about this. I do not know if it was deliberate or otherwise. Scientists and scientists alone would make the decisions about the assessment of species and where they would be placed on the list of those at risk. This would be done through the Committee on the Status of Endangered Wildlife in Canada, COSEWIC. The organization has been legally recognized as part of the assessment and listing process. This is a huge step forward.
The legislation means the assessment of species at risk would be scientific, expert and independent. It would be done at arm's length from government and away from any of the pressures that come with considering the social and economic impacts of being listed.
Decisions and findings of COSEWIC would be published in the public registry. Anyone could see them at any time. Anyone could see the reasons for the scientific decisions.
The government's decision to add species to the legal list would put a number of elements of the law into motion. For instance, species at risk legislation contains automatic prohibitions against the killing or harming of individuals of the listed species and the harming of their residence or habitat. It also stipulates that mandatory plans would be put together with specific time frames for the recovery of the species from its dangerously low numbers. Just as importantly, the process under the law would allow the authority to take emergency action if necessary to protect habitat.
Many decisions about protecting species at risk and their habitat could involve a number of serious economic or social implications, particularly for those who live in rural areas and depend on fishing, farming and ranching. We were elected to the House of Commons to take responsibility for such implications. We, not the scientists, must bear the burden of the decisions. We, not the scientists, must face the political heat. The government has been clear on this point for years and rightly so. Socio-economic decisions made under the act would be made by those who are publicly accountable. This is our democratic process.
I will speak to several government motions that relate to critical habitat protection with the proposed species at risk act. The motions in general serve to strengthen the federal commitment to habitat protection. They also reinforce the co-operative approach that has been and continues to be a key component of the overall strategy of protecting species at risk in Canada.
The federal government must work with provinces and territories to protect species and habitats. Protecting species at risk is the shared responsibility of all governments. The overall strategy of the protection of species at risk is to ensure the federal portion of the responsibility is met. Bill C-5 is one element of that strategy. It would complement the work done by other levels of government, build on a partnership approach under the federal-provincial accord for the protection of species at risk, and reinforce the stewardship component of the strategy.
The issue of critical habitat is only one part of species protection. We must protect where they live or they simply cannot survive. It is as simple as that.
What is a bit more complicated and has preoccupied us for a number of years in formulating the legislation is how best to protect critical habitat. It must be done in the best interest of the species but must take into account Canada's constitutional structure. We must respect jurisdictions. We must add to that the impact critical habitat designation could have on the livelihood of those who work on the land or water. This is difficult to assess at the best of times. Throughout all these considerations we must make sure the provisions for protection are workable, effective and integrated with other Canadian laws and conventions.
To that end, in its deliberations the Standing Committee on Environment and Sustainable Development made several changes to the species at risk act in the area of critical habitat. Some of the changes strengthen its provisions. I am pleased to say the changes are not only welcome but important. The committee added aquatic species and migratory birds protected under the Migratory Birds Convention Act to the critical habitat regime within federal jurisdiction. These are significant changes. They make critical habitat even stronger.
Building on the additions of the standing committee, the government is moving further to strengthen critical habitat protection. It is moving to provide automatic critical habitat protection in national parks, marine protected areas, migratory bird sanctuaries and national wildlife areas. These are all federal lands and the protection element is a crucial one.
For anywhere else in federal jurisdiction the government is moving to require the competent minister to recommend protection if critical habitat is not protected within 180 days of being identified in an approved recovery strategy or action plan.
The government motions regarding critical habitat are reinforced by a further motion that would require all federal ministers to consider possible impacts on identified critical habitats prior to issuing licences or permits for any activity.
By restoring governor in council discretion we would restore the preferred and necessary approach to protecting critical habitat: stewardship and co-operation first. We feel strongly that the standing committee's approach would be a disincentive for landowners to enter into agreements and an incentive for going straight to compensation.
As I said, our approach must be co-operative and workable. We must remember that most lands in Canada are under provincial and territorial management or private ownership. That is why the approach must be one of joint action and not heavy handed, top down law. The proposed species at risk act would provide protection for all species at risk in Canada wherever they may be. The comprehensive and co-operative approach is essential to the survival of our wildlife.
The policy intents of Bill C-5 were not arrived at overnight. They came from years of study, consultation, discussion and examination. Because it is already working we know the co-operative approach is the Canadian way. We must ensure the incentive is there to pursue stewardship and voluntary action as the first step in all cases for protecting critical habitat.