Of course I refer to the national energy policy of the 1980s. I hear some hon. members saying they remember.
The national energy policy, which, I will add, was supported by the Prime Minister, was disastrous. It failed to consider the possibility for capital flight or a drop in the world petroleum price index. It failed to anticipate American responses to the nationalization of the petroleum industry or a unilaterally imposed federal restriction of oil exports. It also failed to consider the profoundly negative impact the NEP had on federalism in Canada, nor did it foresee the consequent feelings of alienation and resentment that still abound and are harboured by some and linger in the west as a result of such poor policy.
No piece of legislation is perfect. Therefore, the power to periodically review legislation is a significant responsibility. Reviews and evaluations are not just a good idea: They should be a fundamental principle of governing. However, Motion No. 130 from the government will remove the standing committee amendment calling for mandatory reviews.
Apparently, despite the lessons learned, the government is not practising any degree of due diligence. The government feels that reviewing legislation for Bill C-5 is unnecessary. Perhaps it feels that the democratic spirit of reviews are nuisance clauses and are consequently easily dismissed, or perhaps it feels that Bill C-5 possesses perfect design and requires no mandatory review. Such is surely not the case.
During earlier debates of Bill C-5 we identified several gaps in the proposed legislation which may indeed have some profound and unanticipated impacts on Canadians. Two that immediately come to memory are criminal liability without intent and lack of compensation for financial losses. I will go into detail only briefly since we have already had these discussions at length.
First, the act will not work without guaranteeing fair and reasonable compensation for property owners and resource users who suffer losses. Farmers, ranchers and other property owners want to protect endangered species, but should not be forced to do it at the expense of their livelihoods.
Second, criminal liability must require intent. The act will make criminals out of people who may inadvertently or unknowingly harm endangered species or their habitat. This is unnecessarily confrontational and makes endangered species a threat to property owners.
These are very serious and in fact, I would say, negligent omissions. It therefore becomes all the more necessary to ensure that periodic reviews of Bill C-5 are drafted into the legislation. I am hopeful that common sense will prevail and the government will accept the amendments that will make Bill C-5 workable. The power to review must be present, the necessity to consult should be evident, and the importance of adequate compensation is paramount to successful legislation.