Mr. Speaker, I was afraid I would not be able to give my speech. I thought the time allocated for debates was up. Thus, I am pleased to see that it was just a short interruption.
The motion before us today in Parliament is presented by the member for Toronto—Danforth, the leader of the NDP. It states:
That, in the opinion of the House, beginning on the 22nd day of April (Earth Day) next:
a) all pesticides which are regulated pursuant to the Pest Control Products Act be banned (i) within a dwelling-house, (ii) on any parcel of land on which a dwelling-house is situated, (iii) on any place that is within one hundred metres of a parcel of land described in paragraph (ii), (iv) in any school, hospital, office or similar building in which members of the public customarily stay for more than a day or work, or (v) on any private or public land that is customarily used by members of the public as visitors, licensees or in any other authorized capacity for recreation or entertainment, including but not limited to parks and sports grounds;
b) that this ban not apply to a building used for the husbandry of animals, the cultivation of plants or the storage, processing, packaging or distribution of plants or animals or products made primarily from plants or animals, or in the immediate vicinity of such a building;
c) that this ban not apply to a control product used within an enclosed building: to purify water intended for the use of humans or animals; to control or destroy a health hazard; to control or destroy pests that have caused an infestation; for commercial agricultural purposes; as a wood preservative; or as an insect repellent for personal use; and
d) that should further exemptions be sought to this pesticide ban, then the onus to prove safety shall be placed on the manufacturer to show to the satisfaction of both the Minister of Health and the House of Commons Standing Committee on Health, through scientific and medical evidence, that an exemption is justified.
That is the motion introduced today regarding a ban on the use of pesticides in certain places. The Bloc Québécois reminds this government and the other parties that this motion encroaches on the jurisdictions of the provinces. In Quebec, we already have legislation, and Quebec has full jurisdiction over pesticides in regard to the regulation of their sale, use, storage, transportation and elimination. These five areas are under the jurisdiction of the provincial governments, in this case Quebec.
The Government of Quebec is well acquainted with the particular nature of the places in question and is also able to arouse the interest of the public. It has a pesticide management code, which sets stringent standards for their use and sale.
What the NDP is proposing today would infringe on the jurisdictions of the provinces and of Quebec in particular. These are shared jurisdictions. Some responsibilities, we grant, are also delegated to the municipalities.
This motion shows that the NDP would like to see the municipal, provincial and federal levels all merge and would like to see only one government. These bills just ride roughshod over the responsibilities of the provinces. However, they are not going in the right direction. They should put pressure, instead, on the provincial health ministers. If some provinces do not have legislation that meets their concerns, they should put pressure on the provincial governments and municipalities to pass stricter laws. In any case, there should be better control over the management of pesticides and the standards should be stricter, more stringent.
In Quebec, we regulate pesticides and their use. We are aware of the problem. I do not think that this is a matter for the federal government.
The federal government is able to approve a product, but once it is registered, the provinces are in charge of its transportation, storage, and use as well as the regulation of the sale of pesticides. This is not a federal responsibility. The Pest Control Products Act and Regulations govern federal activity.
The federal government is responsible therefore for approving pesticides. To ensure that they are safe, their toxicity must be evaluated according to criteria established by the Food and Drugs Act. That is what the federal government does. Here they want the federal government to control other aspects of these pesticides once it has evaluated and registered them, after ensuring that they are non-toxic and safe for families, children and the public. But that is the extent of the federal government’s responsibilities.
As I was saying, by virtue of their jurisdiction over local or private matters, the provinces regulate the sale, use, storage, transportation and elimination of registered pesticides. Municipalities also have certain duties. Depending on what the federal or provincial governments ask of them, they can regulate certain aspects, particularly the use of pesticides on public and private land.
We do notice this real will to merge all the parliaments and create just one. They would like to get the government to form just one unit, that is, the federal government. It would then be free to legislate and manage certain acts, instead of leaving the real responsibilities to those whose jurisdiction it actually is. Responsibility at the federal level is very clear and I would like it to remain there.
Let us make the link with the new Public Health Agency and let us examine the responsibilities of Health Canada. A while ago, some members criticized some products that apparently were approved by Health Canada, some 100 of which were withdrawn from the market. In their opinion, such products are not checked quickly enough. This is indeed one of the responsibilities of Health Canada, but the department remains incapable of assuming it.
We know that a lot of public servants work at Health Canada. The Standing Committee on Health has just studied a bill respecting the Public Health Agency. Two thousand public servants work there and it has taken on other responsibilities that actually fall within provincial jurisdictions. Here we can really see that habit of wanting to invade the provinces’ areas of jurisdiction. Still, if they want to invade, they have to be ready, since it is a huge bureaucracy. Often in the decentralization processes, citizens are close to their provincial government and the municipalities whereas the federal government governs something else. That is where the responsibilities get confused.
Since this is a shared jurisdiction, Quebec and the provinces have the power to legislate to prohibit the use of registered pesticides or to add more restrictive conditions on the use of products than those set under the Pest Control Products Act.
Under their exclusive jurisdictions in local and private matters, however, Quebec and the provinces have the power to oversee the classification of pesticides for sale and use, the issue of licences to dealers and distributors, the issue of training certificates, the issue of licences for operators, the issue of permits to use certain pesticides, display and notification standards, and matters of transportation, storage and elimination of pesticides.
It is very clear. We can see that the areas of jurisdiction are very clear when it comes to local and private matters. Why not help Quebec and the provinces more to offer services to the people and be more proactive by putting pressure on certain provinces?
It is perhaps not the situation in Quebec. Earlier, it was said that some provinces had not managed to better regulate the use of pesticides and that the federal government had to help with this motion by banning certain uses. In my opinion, the intention of the NDP is very clear. It would like the federal government to invade areas of provincial jurisdiction instead of putting pressure in the right places.
Furthermore, Quebec carried out broad consultations. It did its homework. Pesticide management ensued from comprehensive consultations carried out in 1998 by the environment department. These consultations followed in the wake of recommendations by the Groupe de réflexion sur les pesticides en milieu urbain , which had as its initial mandate to identify potential solutions that would allow Quebeckers to reduce their dependence given the risks of exposure to pesticides. Once again, it is clear that Quebec has met expectations on regulations on the use of pesticides. It has established a code of pesticide management.
In March 2002, the Groupe de réflexion sur les pesticides en milieu urbain tabled its report on the protection of health and the environment by managing the environment in urban settings. It contained 15 recommendations. Some of the provisions of the code of pesticide management came into effect in April 2003. In 2006, the last part of the code came into effect. It bans not only the sale but also the use of pesticides containing some 20 identified active ingredients found in nearly 200 household pesticides. Here again we see that Quebec clearly does its homework. I do not know where the provinces in Canada stand on this, but we do not support the motion. It is a matter of provincial jurisdiction.
The pesticide management code includes a range of strong measures intended both for private individuals and persons who hold a permit or certificate required under the Regulation respecting permits and certificates for the sale and use of pesticides. This applies to businesses selling pesticides and commercial and private users, including farmers and foresters.
This management code bans the use of the most harmful pesticides on grassy areas in public, para-public and municipal green spaces. That is why the Bloc Québécois cannot support this motion. Without naming all of them, I would like to point out that the Government of Quebec bans 17 products in this pesticide management code. Several of its most important recommendations and elements are included in the NDP motion.
I will give examples of places where the use of pesticides is banned. In day cares, early childhood learning centres, pre-schools and primary and secondary schools, only a biopesticide or a specifically designated pesticide can be applied inside or outside. As hon. members can see, we are quite vigilant. That is not to say that we do not take the issue of pesticide use seriously. However, Quebec has the necessary framework for using pesticides wisely. The code also bans the use of these biopesticide products or specifically designated pesticides during care, teaching or activity periods that take place inside or outside the establishment.
Earlier an hon. member from the NDP said she was quite worried because in rural areas children are kept away when farmers use pesticides, but in urban areas children are left to their own devices and can roll around on the grass, which could be harmful to their health.
In Quebec, the framework for certain bans on the use of pesticides was well evaluated. Personally, I find this management code reassuring. We should ensure that such a code applies in all the provinces. The provinces and the municipalities are better positioned to consider this framework.
In fact, these standards meet Quebeckers' expectations, and Quebec controls them much more easily than the federal government could. The pesticides management code already sets very strict standards.
This regulation is one of the most innovative in North America. The Government of Quebec states that the environmental management approach that this framework advocates would limit the non-essential use of pesticides to the bare essentials in matters of lawn maintenance, with public, semi-public and municipal property as well as day care centres particularly in mind, as I said earlier.
We must not lose sight of the main objective of regulation in Quebec and the provinces. Although pesticides are useful, they can seriously affect people's health. We are aware of this. People are increasingly concerned about the harmful effects that pesticides of all kinds have on health. That is why the Government of Quebec developed a framework and a management method. It knows that children and other people who come in contact with pesticides are vulnerable. Some products are extremely dangerous. Health Canada should check some products much more quickly and, in some cases, even determine whether registration is always desirable and safe. This is where the federal government has a role to play, not in prohibiting pesticides.
According to the Coalition pour les alternatives aux pesticides, the damage caused by pesticides must not be overlooked. The Bloc is well aware of this. Toxicologists who used to say that pesticides were not very dangerous are now changing their tune.
This is why we should ensure that Health Canada has all of the necessary resources to run the approval process and to re-evaluate certain products to determine whether they should still be approved for use. This is where federal responsibility lies and where it should provide some structure. Why is the government so slow to review certain products? Are there too few government workers? I think that we are going about this the wrong way by considering a motion that would increase federal responsibility even more.
The new government promised not to interfere in provincial areas of jurisdiction, not to add to a bureaucracy that is often costly and that makes it difficult to ensure the efficiency of every program and every federal action for the entire population.
This is why we have federal and provincial jurisdictions. We must respect them. The federal government has a lot of responsibilities, including the effects of tobacco use and the Tobacco Act. This week, members of the Non-Smokers' Rights Association came to tell me about their concerns and about how Health Canada has been slow to regulate tobacco use for mild or light cigarettes. Once again, we do not know whether the federal government will act quickly to show the population that these types of cigarette are very harmful to their health. Some countries adopted anti-tobacco legislation after us, and they have already brought in regulations governing mild and light cigarettes.
I believe that Parliament has a lot on its plate and that we should not add much more. It is even behind on many issues, including keeping its promises and developing bills and certain regulations.