Mr. Speaker, I will be sharing my time with the member for Mission—Matsqui—Abbotsford.
I just want to give my thanks to my neighbours in Beaches—East York. Trust is everything in our democracy. It means a lot to be given their trust, and I am going to work hard to earn it.
Against the economic threat posed by President Trump, Canadian politicians have rightly renewed calls to build up our country. I am one of them. It is a nation-building moment. A strong and resilient domestic economy is a priority. Of course, it should be. To that end, we should remove unreasonable barriers to economic growth. If a rule does not contribute to the public interest, or if its negative cost is disproportionate to any positive contribution, we should do away with it, but that does not mean we should pursue economic growth no matter the cost.
Depending on the project, there may be competing public interest considerations, including biodiversity and habitat protection, indigenous rights, climate change, long-term cost-effectiveness, democratic participation and more. However, under the guise of responding to the threat posed by Trump, we are sacrificing other important values. We are not thinking about unintended consequences, and we are actively undermining our parliamentary democracy. Consider the case of two bills, Doug Ford's Bill 5 and the federal government's Bill C-5.
Ontario's Bill 5 became law last week. It not only gutted habitat protection, just to start, but also enacted the Special Economic Zones Act to give the government, unnecessarily and disproportionately, unchecked power. Effectively, the government can now designate special economic zones and then exempt or alter any provincial or municipal law that would apply to a company or project within those zones. Ecojustice rightly called it a threat to democracy. Worse, the Ford government shut down democratic debate, curtailed committee scrutiny, and jammed the bill through the legislature. Now, that may be par for the course for Doug Ford. That is fair.
However, Ecojustice has also called the federal government's bill, Bill C-5, a threat to democracy, and no Liberal government should welcome that accusation. Worse, with Bill C-5, in a Bill 5 déjà vu, the federal government is proposing to shut down democratic debate, curtail committee scrutiny and jam the bill through the legislature. It would all actually make Harper blush. Liberals would rightly scream if a federal Conservative government attempted the same.
While they share similar goals, and yes, they suffer some similar defects, the federal Bill C-5 is not exactly the same as Ford's. Part 1 of our legislation, the free trade and labour mobility act, usefully aims to harmonize federal and provincial rules where reasonably possible. The idea is simple, to avoid duplicative regulation of goods, services and labour where federal and provincial rules are comparable. Yes, of course, the devil is in the details of assessing what comparable means, but it is a welcome move.
The problems with Bill C-5 lie in part 2, the building Canada act. Its purpose is clear, to get national interest projects built more quickly. This is so far, so good. The proposed law would streamline authorizations at the same time that it emphasizes the importance of climate action and indigenous rights. This is a huge and positive distinction from Ford's Bill 5. At no point does Ford's bill even mention climate change or the need to consult with affected indigenous rights holders. However, despite its promise, the proposed building Canada act has two major faults. First, it would give the government unfettered discretion in designating national interest projects, and second, similar to Ford's Bill 5, it would give the government unchecked power to exclude or alter any law that would otherwise apply to such a project.
The Minister of Natural Resources set the stage for Bill C-5 in a May 23 speech calling for a renewed spirit of building by reframing the national conversation. There has been no more asking about why we should build. The real question is, how do we get it done? In my view, it would be wise of the government to take its own advice when it comes to Bill C-5. Rather than defending the “why”, or the idea of the bill, we should refocus our attention on the “how”, or how we pass it. In other words, we should improve the bill and respect democratic participation as we do so.
First, we should welcome greater parliamentary and civil society scrutiny. The government's proposed guillotine motion seeks to limit parliamentary debate at every stage of the bill. More concerning, it will jam all expert and public testimony, and all committee scrutiny, into less than two days. What is this for? Members can consider that Parliament is not currently scheduled to sit between June 20 and September 15. We are rushing legislation through Parliament under the auspices of an urgent threat, but we are not willing to put Parliament to work for what, an additional week, to get things right?
The debate on amendments does not need to be rushed. We could easily extend committee hearings by an additional week, provide resources for the committee to sit every day and engage in a more thoughtful process to hear from experts, improve the bill and pass it through the House by Canada Day.
Beyond improving the process, we should also fix the substance of Bill C-5.
First, clause 5 currently would give the government unfettered discretion to designate national interest projects. There is a list of specified factors at subclause 5(6) that the government may consider, including the interests of indigenous people, as well as clean growth and meeting Canada's subjects with respect to climate change. That is all good. However, with the bill as currently drafted, the government would not need to consider any or all of these factors. We can and should change that. We could either mandate that the government consider these public interest factors, or we could require that national interest projects not be inconsistent with them. Simply, Parliament should be more prescriptive than including factors as mere examples.
Second, clause 22 would empower the government to exclude the operation of any law from a project it has deemed to be in the national interest. Combined with the unfettered power to designate such projects, it would effectively do away with Parliament. There is an easy fix: Remove this unnecessary and disproportionate power from the law. The government can always amend regulations as it sees fit, but it should return to this place, the House of Commons, if a law duly passed by this place is to be excluded or altered in any given situation. If there is a rationale for excluding the operation of a particular law, of course we can move quickly as needed.
There are no doubt other possibilities to improve the law. It may well make more sense to limit the unique process to the next three years instead of the next five. We could require that ministerial advice with respect to conditional authorizations be made public. Expert testimony would likely offer other good ideas if we care to listen.
For my part, I will support Bill C-5 here at second reading to send it to committee, because it is time to build, and good projects should be built more quickly. I will vote against the government motion that would hinder the work of the parliamentary committee tasked with public hearings and improving the legislation. I will vote for the bill at further stages only if it is amended substantively.
We do not make laws in this place for one government or for one prime minister; the laws we pass are binding on all future governments of all political stripes. Even a time-limited law like the one that is before us would establish a precedent. If passed as it is, Bill C-5 would be a dangerous precedent that would enable Conservatives to gut environmental protections when they are in power next. President Trump is a threat to our economy; of that, there is no doubt. My constituents overwhelmingly voted for a government and leader ready to act, to respond to Trump forcefully and to build up our country thoughtfully, but not at the expense of our democracy, environmental protections and indigenous rights.