Mr. Speaker, I am pleased to rise today to speak to Bill C-9 at report stage, the statutory review of the environmental assessment legislation.
Bill C-9 and its precursor, Bill C-19, came about as a result of the requirements of the mandatory review requirements set out by the Canadian Environmental Assessment Act, also known as the CEAA, or Bill C-13, which was proclaimed in 1992 and came into force in January 1995.
Section 72 of the current act required that the minister undertake a comprehensive review of the provisions and operation of the act five years after its coming into force. It also required that within one year after the review the minister submit a report on the review to Parliament, including a statement of any recommended changes.
At the outset, we believe the review was fundamentally flawed. Although participants indicated some progress in improving environmental planning, there remained significant deficiencies in a variety of areas, including sustainability, regional planning and policy coordination, alternative development options, traditional land use and aboriginal participation, and perhaps most significant, the lack of practical enforcement measures.
New Democrats had reservations about the bill as it was introduced because it did not adequately address these and other severe problems associated with the act. Our initial opposition was based on the assertion that the bill failed to address three principal criteria.
The current CEAA did not go far enough to protect our environment and the changes proposed in Bill C-9 would further weaken that legislation.
Bill C-9 attempted to streamline and speed up the environmental assessment and review process seemingly to the benefit of developers and industry instead of protecting the environment and the public.
The bill did not substantively address the measures needed to strengthen and improve safeguards to protect the environment.
During debate of the bill and throughout committee hearings we raised those and other concerns over the lack of effectiveness, transparency and efficiency in the EA process.
By listening to my own constituents in Dartmouth, I am very aware of what the community wants and, I believe, has the right to expect from federal environmental assessments.
I would like to provide an example of the lack of transparency which this process now has in place.
The reasonable expectations of environmentally aware and community-minded people are often dashed due to the deficiencies of the environmental assessment process, deficiencies which are not corrected in the statutory review of Bill C-9.
In Dartmouth, for example, we currently have a coast guard base on a large wharf on the Halifax harbour near Dartmouth Cove. I dare say that the red and white coast guard icebreakers, such as the Louis St. Laurent and the John A. Macdonald , are almost as much of a local landmark as the naval yards are on the Halifax side of the harbour. In my mind the base is another part of the bustling activity of one of the world's great working harbours set in a magnificent natural beauty.
The Department of Fisheries and Oceans has decided that it eventually will be moving the coast guard base down the harbour to the site of the Bedford Institute of Oceanography. I have no reason to believe that such a move would impair the important functions of the coast guard. If it can save money and allow for better search and rescue then all the better. However, one issue that is outstanding is what will happen to the current coast guard base. That is where the environmental assessment issue comes in.
The local municipality, the HRM, has for decades wanted to build sewage treatment plants throughout the municipality, including one near Dartmouth. I have supported these general plans because I am opposed to the dumping of raw sewage in the harbour, as is everyone in our community.
About 10 years ago the then municipalities of Halifax and Dartmouth proposed a number of cites for sewage plants, including one on the island in the middle of the harbour to take the Dartmouth sewage. An assessment was done that looked at the impact of the possible island sewage treatment plant. It is no real surprise that the result of that environmental study showed that building the plant would result in better water quality. The plant, however, was never built. It is now 10 years later and the municipality wants to put another plant on the current site of the coast guard base.
The Halifax regional municipality believes that this site is accessible to both the main sewage pipes from Dartmouth and it can also take the sewage from the cruise ships that are starting to frequent our harbour, and it will be available on the right time line in terms of when the base is moved by the coast guard.
The coast guard base is nestled right beside a residential community. There is a very limited amount of traffic going up and down the steep and narrow road to the base and the current base generates very little noise or odour.
Understandably, the neighbours around the coast guard base are not convinced that this would be the case with the sewage treatment plant. They have concerns about it. They worry that the plant will smell because it will only be about 100 yards from their homes. They worry about the noise and danger of heavy vehicles during the construction, and the noise and danger of the sludge trucks which will go up and down pass the area when the plant is operating. They worry about what this will do to the quality of their lives and their property values.
They have a right to worry about these things, and because the land is owned by the federal government, they have a right to look to the environment assessment process to make sure their concerns are dealt with.
I, as the MP, thought this would happen, that there would be an assessment because this project would involve the disposal of federal lands and that of course would automatically trigger an assessment.
I thought the environmental assessment would deal with the local concerns, which would have been communicated to both the municipality and to the federal department responsible. I expected that the assessment would look at the condition of the base, the concerns of the neighbours and would suggest ways for the plant to deal with concerns raised. I guess I was naive to believe that the system would be accessible and transparent for my constituents.
The environmental assessment screening that was done was released in January and it did not discuss many of the issues raised. It set limits on noise and odour for a plant. It was vague on how compliance would be enforced. It did not look at the condition of the base. It did not deal with the specific concerns raised by the community, or by me, to the department. It had not left anyone feeling that the environment was better served.
The basic problem is that it was not a transparent process. It did not even deal with the actual proposed site in Dartmouth but discussed guidelines for three sites around the HRM. It did confirm that having sewage treatment was better than not having sewage treatment, but there is no surprise in that. It took comments from the consortium trying to build the plants pretty much at face value. It did not seek or obtain community input. My office, which had written to the minister on the site and the assessment, was not even made aware of the assessment's release.
The municipalities public relations meetings have not been satisfactory to the community. As a matter of fact the report says that 19 submissions were received of which 5 were supportive. The report says that the local concerns have been dealt with but many of them were not.
I say these things to highlight how unsatisfactory the assessment process was for these local Dartmouth residents. They feel that the environmental assessments are something that exists for high price consultants and for developers and not for public input.
I have since learned that getting an assessment to a public panel stage, where members of the community can actually get a formal hearing, are so rare that it is virtually impossible.
After reviewing the legislation and in consultation with a variety of environmental, aboriginal and legal experts, the NDP submitted more than 50 amendments to Bill C-9. These amendments attempted to address some of the identified shortcomings of the act. While there was some success in getting several amendments, many more were defeated, as the House knows.
In conclusion, we cannot support Bill C-9 in its present form or the recommendations of the report of the Standing Committee on the Environment and Sustainable Development. It must be made clear that the NDP supports the goals of improving the environmental assessment process to make it more accountable, more transparent and to strengthen the protection of our environment.
Therefore it is with regret that because of the inadequacies of CEAA that we were not able to bring about meaningful amendments, we will have to give our dissent on the bill at this time.