Mr. Speaker, it is with great pleasure that I rise today to take part in this debate in Bill C-232, put forward by my hon. colleague from the Canadian Alliance, whom I commend on this initiative.
It is difficult for me, however, to support it formally. I am not rejecting out of hand the concept of sanctuaries as set out in this bill, but it seems important to me to remind this House that, back in 1989, Quebec passed legislation respecting threatened or vulnerable species. Quebec also passed legislation respecting the conservation of wildlife. In addition, it made fishing regulations, specifically to achieve greater protection for species.
Moreover, in 1996, acting on its willingness to comply with the convention on biological diversity, Quebec put in place an implementation strategy with respect to the convention. Quebec also introduced its own protected area strategy. Under this strategy, 17 types of sites can be legally designated in order to ensure the protection of protected areas, including sanctuaries.
Quebec's position has always been the following: we ask that Quebec legislation be respected; we believe that federal legislation that would duplicate existing Quebec legislation in certain areas is unacceptable. This has been our historical position since 1989.
In Quebec, protected areas are the building blocks of the conservation of biological diversity. In its strategy, Quebec developed the following definition:
What is a protected area? A protected area is defined as “an area of land and/or sea especially dedicated to the protection and maintenance of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means”.
That is the definition found in the Quebec strategy for protected areas. This definition is designed to ensure the conservation of species, and their genetic variability in particular.
Under this strategy, there are more than 1,100 sites in Quebec that have been designated in accordance with the legislation respecting protected areas. There are 17 different judicial designations to protect species and their habitat.
Understandably, with respect to conservation, the protection of vulnerable or threatened species cannot and can never be ensured if their habitat is not appropriately protected. This is the very purpose of the Quebec legislation respecting protected areas.
Included in these 17 designations are wildlife habitats, protected marine areas, protected natural areas, national parks and historic sites, urban regional parks and migratory bird sanctuaries. Not under federal legislation, but under Quebec legislation. There are also ecological reserves and sites protected under the charter of private organizations.
I forgot, but I must stress that Quebec's legislation on protected areas includes wildlife sanctuaries, as presented in the federal act.
So, what will this federal legislation do? It will only duplicate what Quebec is already doing. As the parliamentary secretary indicated, it would put an end to seamless and desirable collaboration between the provinces and the federal government.
Unfortunately, with this bill, the federal government will pass legislation on wildlife sanctuaries, as it did with Bill C-5 on species at risk.
Our difficulty in supporting, not the notion of wildlife sanctuaries but the goal of this legislation, is therefore understandable.
Furthermore, I would remind the House that, in June 2000, Quebec adopted strategic principles and guidelines to create a protected area network across Quebec. Our objective was for 8% of the total area to be designated a protected area by 2005.
Of course, such an area does not have to be a wildlife sanctuary. I believe that these areas must be given appropriate designations. However, the objective is clear. By 2005, 8% of Quebec must be designated a protected area.
I can only disagree, especially with subsection 6(1) of my colleague's bill, which reads as follows:
Where COSEWIC has made a report to the Minister that a sanctuary is necessary for the protection and recovery of an endangered species and that land specified by COSEWIC would be suitable habitat for the endangered species and the lands is provincial Crown land, the Minister may make an agreement with the province holding title to the land, to establish a sanctuary on the land for the purpose of affording the species sufficient habitat in Canada to recover.
He adds, at subsection 6(2), and that is where I take issue:
In a case where the Minister is not able to reach an agreement for the purposes of subsection (1), the Governor in Council may, on the recommendation of the Minister, declare the establishment of a sanctuary on the land in question to be essential for the endangered species to recover and to be a work for the general benefit of Canada and order that the land or an interest in the land be expropriated or a restrictive covenant placed on the land for the purpose of establishing a sanctuary.
Therefore, with this bill, the federal government could designate land in Quebec a federal wildlife sanctuary, while Quebec already has its own system and its own protected area strategy.
We can only disagree with a bill that goes against a Quebec government decision made a few years ago not to sign the environmental harmonization agreement. Why did Quebec refuse to sign this agreement? Because it was felt that federal legislation would completely encroach on and overlap Quebec legislation.
Although the preferred approach here and the desire to create wildlife sanctuaries in Canada is commendable—I do not reject the principle or the notion of wildlife sanctuaries—I believe there should be more flexibility and greater cooperation with the federal government because that is what we need to truly protect the different species. But to achieve true protection, we must first protect the habitat.