Madam Speaker, I would like to begin by summarizing the key elements of Bill C-311, then I will outline the reasons why the government opposes the bill.
Bill C-311 is clearly both bad law and bad policy. Its implementation would have significant negative implications on the Canadian economy, impose unrealistic and impractical timelines, and may in fact be unconstitutional.
Bill C-311 would create an obligation on the Government of Canada to ensure Canadian greenhouse gas emissions are reduced to 25% below the 1990 level by 2020 and to 80% below the 1990 level by 2050.
The bill would also oblige the Minister of the Environment to establish an emissions target plan for every five year period from 2015 to 2045, and to put in place regulations and other actions to ensure that these targets are achieved.
The bill calls on the government to have regulations in place as early as December of this year designed to meet the 2015 target. Members of the House who are familiar with the regulatory process know the problems associated with that unrealistic timeframe.
Quite simply, this is completely unrealistic and shows that the NDP is more interested in political grandstanding than in finding real solutions to deal with the fight against climate change.
Unlike the party opposite, our government has been clear on the need to strike a balance between environmental and economic progress. Our approach to addressing climate change will achieve that balance.
We are committed to stopping the increase in Canada's greenhouse gas emissions and then dramatically reducing them. We established a national target of an absolute 20% reduction in greenhouse gases, relative to 2006 levels, by 2020. By 2050 Canada's emissions will be 60% to 70% below 2006 levels. The government has also established a target that by 2020, 90% of our electricity will come from non-emitting sources. These are the toughest targets in Canadian history and some of the toughest targets in the world.
At the same time we are helping Canadians reduce their greenhouse gas emissions through programs such as the ecoEnergy for renewable power program, the trust fund for clean air and climate change, and supporting investment into research, development and demonstration of promising technologies, including large scale projects like carbon capture and storage. In fact, we are one of the world leaders on that technology.
Bill C-311 on the other hand does not endeavour to strike such a balance. When an identical bill, Bill C-377, was introduced in the last Parliament by the leader of the NDP, he admitted that he had made no attempt to calculate how much economic damage his bill would do to the Canadian economy. In fact, he called his bill the impossible dream.
Further, the massive costs would also have to be borne at a time when Canada's economy is under severe pressure as a result of the global economic downturn. Bill C-311 would impose a massive new burden on industries that are already facing very difficult and serious times.
It is clear that the NDP do not believe it is necessary to consider changing course slightly, despite the economic realities that we face. The NDP has learned nothing from its power in Ontario under the leadership of the member for Toronto Centre where the NDP policies led to record high levels of debt and unemployment.
Our assessment of Bill C-288, the Kyoto implementation act, an act with requirements that are quite similar to those in Bill C-311, suggest that an attempt to meet our Kyoto targets within the 2008 to 2012 period would result in a drop in GDP of 4%.
Given that the proposed 2020 target under Bill C-311 is significantly deeper than under the Kyoto protocol, of 25% below 1990 levels as opposed to the 6% below 1990 levels under the Kyoto protocol, the conclusion of massive, negative economic impacts reached under the KPIA analysis would also apply to Bill C-311.
Bill C-311 creates an economic uncertainty by suggesting that Canada should maintain a domestic policy and an international policy negotiating position based on the UNFCCC ultimate objectives immediately after royal assent of the bill.
There is uncertainty around the UNFCCC's ultimate objectives and the bill does not define what a responsible Canadian contribution is or indicate how it can be determined.
Bill C-311 compounds this uncertainty by asking Canada to take a radically different approach to climate change than our most important economic partner.
Do the sponsors of the bill really believe we can turn our back on the possibility of a coherent, co-operative North American climate change strategy in partnership with the President Obama administration? I think not.
The government must be able to fully represent Canada's economic interests and unique circumstances in international negotiations, including with the administration of President Obama.
I would now like to bring to the attention of the House the serious concerns we have over the constitutional aspects of the bill. Last year in discussion on Bill C-377, the predecessor of Bill C-311, the House of Commons Standing Committee on Environment and Sustainable Development heard testimony by respected lawyers as to their concern over the constitutionality of clauses that remain in Bill C-311. The primary concern remains whether the bill's authorities are soundly based on the peace, order and good government head of power.
Joseph Castrilli, counsel for Canadian Environmental Law Association said:
Peace, order, and good government would appear to be less likely to find favour with the Supreme Court as a basis for upholding the constitutionality of the regulatory limits authority of Bill C-377 under any circumstances because of the potential for major impact on provincial jurisdiction to act in a host of areas.
That remains in Bill C-311.
Mr. Castrilli went on to say that the bill was also unlikely to be upheld under the federal government's authority over criminal law because the law was not specific about the characteristics of the regimes contemplated or the actual substances to be addressed leaving this detail to the regulations.
Amendments of the bill were passed in the House of Commons to specify which substances the bill would consider, but there is much doubt as to whether these amendments were sufficient to address Mr. Castrilli's concerns, particularly against jurisdiction of the provinces.
Peter Hogg, professor emeritus and former dean of Osgoode Hall Law School of York University stated in his testimony that the bill would not be upheld under the federal government's peace order and good government authority or its jurisdiction under criminal law.
With respect to peace, order and government, Professor Hogg expressed concern over the lack of direction provided by the bill to the Governor-in-Council with respect to its regulation making power. Professor Hogg indicated the regulation making authority of the bill, as first introduced, was so broad as to potentially reach into every area of Canadian economic and social life.
I would like to reiterate the Government of Canada's opposition to Bill C-311.
We are working diligently to promote domestic, continental and international action to ensure lasting greenhouse gas emissions reductions. Our approach is a balanced approach, an approach that will see Canada's greenhouse gases decline, while protecting our economy and the standard of living of the Canadian people. Our plan includes billions of dollars for technology, technology like carbon capture and storage, working with the United States, and the world is counting on us to work together. We are doing that through the clean energy dialogue with President Obama and our Prime Minister.
Therefore, I encourage the member to remove the bill or vote against his own bill because the bill will take us in a direction that would be bad for Canada, it would be bad for Canadian jobs and it would be bad for the environment.