Mr. Speaker, I would like to relate this legislation to the foundational principles that were set forth by the Canadian Environmental Law Association and the World Wildlife Fund with respect to how prospective legislation of this kind should be evaluated. I will run through the principles as set forth by these groups and look at the present legislation in that context.
The first and most important principle is that pesticide legislation must protect the most vulnerable among us. In other words, protecting the health of the most vulnerable populations must be the benchmark for the evaluation of any pesticide. For human beings this may be a child or a senior, whereas currently pesticides are evaluated based on risk to healthy adult males. For environmental protection it may be a fish, a bird or a tadpole, depending on the nature of the pesticide and its use. It is particularly important to ensure protection for the embryo and the young of all species whose reproductive and nervous systems are developing and most easily damaged.
In that regard at present, under the existing Pest Control Products Act, modern risk assessment methods are used but they are not incorporated in the law.
Under the proposed new pest control products act, PCPA, health evaluations of pesticide would take into account sensitivities of vulnerable groups such as children and seniors There would be extra protections for infants and children. In my view it still does not go far enough and does not reach, for example, the threshold of American legislation, as has been mentioned earlier in debate in this House.
Pesticide exposure is aggregated and includes exposure through food, water and pesticide use in homes and schools, and cumulative effects of pesticides that act in the same way are considered.
Principle number two stipulates that pesticides should be considered guilty until proven innocent. In other words, the responsibility needs to be, as it is not yet now, on the applicants to demonstrate beyond a reasonable doubt that their pesticides will not cause harm to people and wildlife. Under the proposed legislation the onus would be on the applicant to demonstrate that these pesticides would not cause harm to people and wildlife and would not be on the public to bear the burden to prove beyond all reasonable doubt that a chemical is safe.
Principle number three is the importance of reviewing existing pesticides regularly. Simply put, most pesticides in use today were developed and registered for use decades ago. New data about risks to health and the environment are emerging all the time. New proposed legislation now under consideration in the House must provide for regular reviews of pesticides in the light of new data.
I would like to make specific reference to the provisions for re-evaluations and special reviews, which would include re-evaluations of older pesticides that would be mandatory 15 years after the registration of the product. A request from the public could trigger a special review of a pesticide. If a pesticide registrant does not respond when information is requested for a re-evaluation or a special review, that pesticide's registration may be cancelled or amended, again putting the burden on the pesticide registrant or applicant.
The precautionary principle would be applied during re-evaluations and special reviews. That means where there are threats that a registered pesticide could cause serious damage it would not be necessary to await full scientific certainty to take cost effective measures. The principle was set down in the recent supreme court decision in these matters.
Principle number four would ensure reporting, monitoring and follow up for adverse effect. At present there is no formal requirement for reporting or monitoring the adverse effects from a pesticide's use. Without this data reviews are difficult to undertake. Under the proposed bill pesticide applicants and registrants would be obligated to report information on the adverse effects of a pesticide.
Principle number five is that one needs to automatically ban pesticides when critical health and environmental problems are identified. In other words pesticides should be automatically banned if they build up in the food chain or pose hazards to health and the environment.
The proposal for automatic bans of pesticides in my view does not go far enough in the bill. However, the bill would provide enhanced enforcement capability through clearly defined offences, increased powers of inspectors and higher maximum penalties. For example, importation of an unregistered product could lead to a maximum fine of $500,000 and three years imprisonment. Recklessly or wilfully causing harm to the environment or causing serious bodily harm would carry the maximum penalty under the act of $1 million or three years imprisonment.
Principle number six is that the cosmetic use of pesticides should be banned. In other words, pesticides used only for cosmetic purposes are not acceptable. This is an issue to which I have spoken in the House and which is of particular concern, among other things, to the constituents of my riding. Regrettably, Bill C-53 contains no prohibition on the cosmetic use of pesticides. If the precautionary principle were to be applied the cosmetic use of pesticides would be prohibited.
In this regard we should look to the province of Quebec which is moving toward reducing and gradually eliminating the cosmetic use of pesticides. We have municipal initiatives to that effect. A co-operative federal-provincial-municipal framework would be appropriate if it were unpinned by the precautionary principle.
Principle number seven states that we should not permit registration of pesticides when alternatives are available. The essence of Bill C-53's risk management approach is to prevent registration of products that would pose unacceptable risks to human health or the environment and to manage the use of registered pesticides in a manner that would preclude unacceptable risks.
Principle number eight would ensure public participation in the regulatory system and public access to information on hazards and use. Canadians have a right to know what pesticides are being applied to the food they buy, to the parks they use and at their children's schools.
In this regard some important features of the legislation which would promote public participation include provisions for public comment prior to major decisions for full registration; access to information; support for pesticide registrations; an opportunity to request a review panel to re-examine major registration decisions; and an opportunity to request a special review of registrations. The documentation to be used as a basis for public consultation would contain a description of the product and its intended uses, a summary of the risk and value assessments, as well as the proposed decision and the rationale for it.
Principle number nine emphasizes the importance of education, awareness and support with respect to alternative and transition programs. In other words, the federal government should support the extension of education and research on alternatives to pesticide use. Farmers need support. Support for making the transition to pest management systems that reduce reliance on pesticides makes sense both ecologically and economically.
My hon. colleague also spoke to the issue when he was minister of the environment in Quebec where he introduced a legislative framework. That is the objective we should have in mind for this legislation as well.
Principle number 10 is that the precautionary principle should be enshrined throughout the bill. It is not at present. It is referenced only with regard to evaluation reviews and the like. However with regard to the supreme court decision and public policy in these matters, the precautionary principle should underpin the legislation as a whole and be read into it. I trust the courts would read this into it and incorporate it by reference throughout the legislation.
Regarding the oversight principle, there would now be a seven year parliamentary review. I would have agreed with the proposal that there be a five year review, but I am pleased there is at least some provision for oversight and review.
In conclusion, the legislation is an important first step. It incorporates some of the principles recommended by groups such as the Canadian Environmental Law Association and the World Wildlife Federation. However it does not go far enough. Bill C-53 deserves to be supported because it would address the important principles to which I have referred. However for the legislation to be effective regulations would need to be brought forward to give it specific powers of implementation. The PMRA should be given a statutory mandate. As I mentioned, the precautionary principle should underpin the legislation as a whole. It is at the core of public policy and how we can protect and evaluate such legislation.