I believe that it disturbs them that the former opposition leader, the Bloc leader, supported this legislation when he was here. There seem to be some contradiction somewhere.
However, I am a great supporter of the Quebec's environmental assessment legislation. I find the process is working quite well. It is open. I truly agree with my colleague for Rosemont—Petite-Patrie, namely that it is open to the public, public participation is positive and part of the tradition. The act has been accepted by all parties concerned. I believe that the BAPE is doing a great job.
At the same time, that does not mean the federal government should not have its say in the environmental assessment process. That is what we are saying. We are not saying that Quebec's legislation is no good, on the contrary.
There is always room for accommodation. We could proceed as we did in the case of James Bay and elsewhere, namely that whenever Quebec is conducting an environmental assessment, the federal government accepts that it takes precedence over any others.
We truly agree with that. However, we still have a difference of opinions. I believe in a consensual positive federalism, which is impossible for my colleagues to accept. That is where we differ.
In no way do I want to denigrate Quebec's legislation, on the contrary. As a former environment minister who was passionate about the issue, I truly agree with my colleague's comments regarding the merits of the legislation.
With regard to the motions in Group No. 2, I would like to make a few comments regarding the facts that were brought to our attention.
First of all, no changes were made to the self-assessment system of environmental assessment. No arm's-length authority for overseeing and enforcing compliance with the act was considered. No enforcement regime was established, which is a pity. We had a big chance to do this.
Consequent amendments at report stage have watered down the amendment passed by the committee that would have imposed a duty on the agency to ensure that proponents and federal authorities, including responsible authorities, would comply with the provisions of the act and the regulations. Now, according to clause 31, the agency is simply required “to promote, monitor and facilitate compliance with the act and its regulations”.
I believe that besides the lessening of the obligation itself, it will now be required to promote, monitor and facilitate, instead of imposing a duty. Certainly the insertion of the words “facilitate compliance” lowers significantly the tone of the requirement. We have missed a great chance to reinforce the committee's amendment which was to impose a duty. This is now a different requirement from a requirement to promote, facilitate and monitor. It was an unfortunate decision to reverse this committee amendment.
At the same time, fair is fair, and we must give credit where credit is due. Regarding Motion No. 27, the government has accepted the committee amendment that the next review of the act be done by a joint committee of the Senate and an appropriate committee of the House, which is a great step forward. It has also accepted and improved the amendment in regard to the effective date of this review. Instead of putting it into force at a date to be decided by the government, the legislation has withdrawn the clause indicating that the review would start seven years from the date of royal assent of the bill.
This is a big improvement and a step forward. I recognize and thank the government for having agreed to have a joint committee of the House and Senate look into the review of the act. A review of the act carried out by Parliament is far more independent and more objective than one carried out internally by the very authorities that are supposed to monitor and govern the legislation. This is a big step forward and we will be the better for it.
At the same time, between now and the seven years to come, which is a long time, the government should take into account the report of the Standing Committee on Environment and Sustainable Development regarding Bill C-9 in its aftermath and look into the possibility of amendments to the act which have been brought forward by the committee in its report. It should not wait for seven years to make improvements to Bill C-9 for which we could find consensus on all sides of the House. That, too, would be a big step forward.
Finally, government must be praised for having kept the significant committee amendment to bring crown corporations within the orbit of the environmental assessment process. It was completely logical that the government, being responsible for environmental assessments in all its ministries, would have all crown corporations, which depend upon the government and which sometimes are so numerous and carry out such important tasks for the ministries, included in the legislation. That is another big step forward for which I commend the government.