Mr. Speaker, the Minister of the Environment has said, and will continue to say, that the government is committed to making compensation regulations soon after proclamation of the proposed species at risk act. The government has never stated otherwise. Those who have tried to make it sound otherwise are not correct.
The Minister of the Environment has also said, and will continue to say, that we agree that compensation should be provided to anyone who suffers a loss from an extraordinary impact of the critical habitat prohibitions in a fair and reasonable way. We cannot be more definitive than that.
Can any member across the floor tell me at this precise moment exactly how much to pay for 3.6 hectares of land that cannot be used for cultivation for four weeks because it is a nesting site for the Bicknell's thrush? Will the birds soon fledge and fly away, and will the nest be abandoned? Can there be a cultivation a few weeks later and then a time out for nesting the following year? Can we use a law to determine the market value of what might have been cultivated? No, we cannot put this down in law.
We must be realistic about the term fair market value. This term may be relevant when applied to land acquisition and land expropriation situations but it probably has little relevance for almost any situation that could arise under the species at risk act. Concepts such as fair market value are relevant considerations in quantifying the impact on a case by case basis but determination of the level of compensation should not be limited to this concept alone.
Compensation for restrictions on the use of land is a complex issue. The government needs to have the practical experience in implementing the stewardship and recovery provisions of SARA and in dealing with the question of compensation. Establishing a definitive approach without the needed experience may well end up excluding some legitimate claims. This is a very important point. For now, determinations of compensation will be made on a case by case basis. When we have the experience we can prescribe a more definitive approach. As the Minister of the Environment has stated, and will do so again unequivocally, that does not mean there is no compensation.
Work has already begun to develop general compensations that will be ready soon after SARA is proclaimed to enable any person to make a claim, if needed.
The government is committed to do a thorough consultation with everyone who can help us gain the necessary experience and who has a stake in a fair and effective system.
To provide further certainty that we intend to honour our commitment to landowners and others the government withdrew Motion No. 109 on compensation regulations. Because of this change the governor in council would now be required to make regulations necessary for the provision of compensation under the act.
There is opportunity in the legislation. There are provisions for compensation in the legislation. There is a consensus from rural Canadians because they told us what they wanted and we listened to what they said, and we acted on it. It is time to end the posturing and deal with the facts. It is time to pass the legislation.