Brian Jean

[International Bridges and Tunnels Act, June 22nd, 2006]

Mr. Speaker, it was not my definition that came up with all those examples. I am not allowed to use props but it was the Oxford English Dictionary that gave me that definition. I do believe that the wording right now is far too wide. Consultations would take place over a long period of time.

Let us get back to what the bill is about. It is about the safety and security of Canadians. What could be more pressing than that? The minister needs to react today on certain factors and certain things, not in six or eight months or six or eight years once the legal challenges have gone through and once all the other consultations have gone through. The bill would allow the government to do what is necessary to keep Canadians safe and secure and to ensure those trade routes stay open. The buck has to stop somewhere and it stops here with the government.

On a side note, a member of this House has given an undertaking to that member that there will be consultations on the bridge in Windsor. I would trust any member from this side of the government. Their word is their bond and they will follow through.

Nothing could be more important than putting this bill through and ensuring the people of Canada are safe and secure. We already have an environmental act and a statutory interpretation act. We have acts in place that require the consultations the member is asking for. It would be duplicating a process that is already in place and would require far too much in the way of balance, which is the safety and security of Canadians which this government guarantees to do and to work in the best way we can to get it done.

[International Bridges and Tunnels Act, June 22nd, 2006]

Mr. Speaker, I want to clarify my comments. I was speaking of the bridge that this Conservative government is trying to build with Quebec. Obviously we are building it with Quebeckers and Quebeckers have a lot of faith in this government because of what we are doing.

I actually did not hear the question entirely yesterday and I apologize for the confusion, but I can assure the member that all steps are being taken to make sure that the actual owner and controller of that bridge will do what is required and will take that rusty bridge, paint it and make repairs to it.

That is the very point I make about this particular bill, how important it is to the people of Canada. Even though it is not an international bridge, how important is it to the people of Quebec? It is very important, just as the international bridges and tunnels are very important to the people of Canada for trade, tourism, and just to go see friends and family.

What I meant by old is that many of these bridges were constructed well before I was born and well before the member was born. We have to have the ability to inspect. We have to have the ability to know what is happening with the bridges because they are so crucial to the country. Whether they be 50, 100 or 150 years old, the key is that they are safe, that they are secure and they are kept in proper working condition. That is what we want for the Quebec bridge, which is so important to Quebeckers, so important to this Conservative government which is working for the Quebec people.

[International Bridges and Tunnels Act, June 22nd, 2006]

Mr. Speaker, first, the division of powers is the federal government's responsibility. It is the federal government's responsibility to protect Canadians. Second, there is environmental legislation already in place that requires consultation. The Statutory Instruments Act already requires consultation.

There were a couple of problems with the amendment proposed. The first problem was found the very night we actually made an amendment, just a few nights ago, when we were trying to push this bill forward. The wording was wrong. It stated that the minister actually had to consult before he received an application. Obviously, he cannot consult until he receives an application. We amended that.

Then we found another problem. The amendment wanted us to consult with all levels of government and it has to be, by the Supreme Court of Canada, meaningful consultation. It cannot just be a phone call to ask how it is going today; it has to be meaningful consultation. There are very stringent guidelines.

Let us talk about what a government is. Oxford defines a government as the action or manner of governing a state, organization or people. It has a very wide definition. Some possibilities are: the provincial government; the federal government; school boards; cities, and sometimes four or five could be involved with one particular bridge, but it could be as many as seven or eight cities because they just have to be affected; municipalities; aboriginal bands; chambers of commerce; federal departments; provincial departments; downtown business associations; farming organizations; trucking organizations; et cetera. There are many different forms of government.

The amendment was brought forward too late. The member knows he should have brought it forward in committee, but it was a last-minute thought. We understand that happens sometimes, but it has not been thought out.

The key here at this stage is to get it done, to get it in place. There are already all sorts of consultation processes that must be done by the government. Let us help the people of Windsor. Let us put this legislation through now before it is too late.

[International Bridges and Tunnels Act, June 22nd, 2006]

Mr. Speaker, it is an absolute pleasure to rise in the House and speak for the third time to Bill C-3, the international bridges and tunnels act. This is a great bill for Canada and for many people throughout Canada. It sets some great standards, which I will go into during my speech. I am sure every TV set in Windsor right now is tuned in to see the bill passed by all parties, which have worked cooperatively to get this done.

This is the third time I have spoken to the bill. As the name suggests, it deals with Canada's international bridges and tunnels. These international bridges and tunnels are found in three provinces, Ontario, New Brunswick and Quebec. They link Canada with many states such as New York, Michigan, Minnesota, Maine and Vermont. This is very important legislation because many of these crossings are the busiest between the United States and Canada.

This is the third bill of its kind to be introduced. Former Bill C-44 and its predecessor former Bill C-26 were introduced in Parliament by the previous Liberal government. We are ready to put the bill through the House. The Conservative government gets things done.

The former bills sought to amend the Canada Transportation Act, Canada's framework transportation legislation. They were too large and cumbersome to get through. That is why our government, in trying to get results, took this portion out of it, dealing only with bridges and tunnels along with various other amendments.

The Liberals will try to take credit, as they usually do, but the Conservative government has taken action on the bill and on this important issue to Canadians, especially to the people in Windsor since that crossing is undergoing some re-evaluation at this stage.

Both of the previous Liberal bills died on the order paper, Bill C-44 in November 2005. The provisions dealing with international bridges and tunnels in those former bills were a small part of the overall amendments being proposed. These amendments and provisions have now been introduced in the form of a stand-alone bill that focuses only on international bridges and tunnels.

While Bill C-3 borrows some of the legislative provisions from the previous bills, the actual provisions have been reworked and at least two new provisions have been added because of some deficiencies in the previous bills.

As everyone in the House knows, including most people who are listening today, the sections 92(10) and 91 of the Constitution give exclusive jurisdiction to the federal government for international bridges and tunnels. Despite this exclusive legislative authority, no law in the history of Canada has ever been adopted that applies to all international bridges and tunnels and sets out how the federal government may exercise that authority. That is why Bill C-3 is so important.

Most of today's international bridges and tunnels were brought into existence by individual acts. Each one deals with inconsistencies in the other acts. This will bring some cohesion to the legislation itself and deal with international bridges and tunnels, as should be done, in one piece of legislation that would govern all.

The schedule attached to the bill sets out 53 special acts, that is 53 times the House had to deal with different bridges and tunnels, many of which were adopted shortly after Confederation. These are almost 100 years old. As such, they have other language in them, which does not deal with some of the realities of today. After September 11, 2001, safety and security of our international border crossings, of our trade route and of our citizens has become a very important issue. Now our government is finally acting on it and we will get some results.

In addition to confirming the federal government's jurisdiction with respect to international bridges and tunnels, the bill also proposes to introduce rules that will apply to all existing and future international bridges and tunnels. It will modernize the special bridge and tunnel acts to which it makes reference.

Bill C-3 sets out a formal administrative process for approving the construction of all new international bridges and tunnels and for alterations to existing structures, thereby replacing the need for the government to pass special legislation every time something needs to be done to one of these important crossings.

The bill would also give the government the power to make regulations in areas such as maintenance and repair, safety and security and operation and use of the crossings, with the goal of adopting standards or best practices in these areas. That would be applicable to all international bridges and tunnels no matter where their location or who owned them.

It is important to the people of Windsor that we get this legislation through. Then the maintenance and repair, the safety and security and the operation of tunnels and bridges will be governed by the federal government consistently across the country.

As I indicated before, two provisions were not contained in the previous bill. The first is a technical provision that deals with crossings over the St. Lawrence. It serves to remedy a provision contained in the Navigable Waters Protection Act to allow for approval of the new international bridges and tunnels that cross the St. Lawrence River. Presently there are three international bridges across this river, all of which are in Ontario.

As a new low level bridge is being planned for Cornwall, I can imagine the folks in Cornwall are also looking intently at the screen today as this will greatly simplify an already very complex procedure.

The second new provision deals with transactions that affect the ownership or operation of an international bridge or tunnel. Bill C-3 proposes that these transactions first, be subject to government approval. Second, it sets out an administrative process which deals with the approval of it, similar to that proposed for applying for new construction or alterations. This is an extension of the federal government's jurisdiction in the area of international bridges and tunnels and, more important, its corresponding responsibilities to keep Canadians safe and secure.

For instance, regardless of who the owner is, these structures are relied heavily on by Canadians. In fact, the federal government has a responsibility. Members of all parties have a responsibility to push the legislation through as quickly as possible because we have been without it for so long. Canadians need to be kept safe and secure. It does not matter who owns and operates these bridges. All maintenance, repairs and alterations have to be done in the national interest. That is why the bill is so important.

These are not ordinary assets. The federal government must at all times know who owns and operates these structures and be advised and approve any proposed change in ownership or operation. With so many vehicles and so much trade crossing these bridges, we need to ensure those trade routes remain viable and in the best interests of Canadians.

These are vital links not only for trade, but for tourism as well. The federal government has the responsibility to protect the asset and protect the people who use the asset. If there were ever any doubt of the importance of this, during second reading I gave some impressive statistics, and I would like to share those again with the House.

Over $530 billion in goods are traded annually with the United States. Of that, $1.9 billion per day goes across those bridges. Almost all of that is transported by truck. We also heard the importance of our rail systems, which are responsible also for shipping approximately 270 million tonnes of freight per year and carry many millions of passengers across these international bridges. This rail link goes as far as the Gulf of Mexico, as far south as Mexico, so it is a very important link.

Considering the transportation industry employs over 830,000 Canadians, it is therefore not hard to imagine the financial impact on our economy if these links were put in jeopardy in any way. I would suggest that we in the House would be negligent not to put this legislation through, now that we have the opportunity, especially for the folks in Windsor. It is a danger to leave these vital links unguarded.

It goes without saying that we must promote trade and ensure that our borders are safe and secure. Many of the existing international bridges and tunnels have implemented security measures, but we need consistency along that so there is a certain level and threshold that is kept to ensure Canadians are as safe as possible and that our vital links are kept as safe as possible.

There are some measures also to increase traffic efficiency. These serve as good examples for us, but we need to share these good examples with all international bridges and crossings so we get the best result for Canadians. The proposed bill will enable the government to achieve its goal of securing the borders in a way that will not distract from our trade goals which are so important.

I will quickly summarize the various legislative steps through which Bill C-3 has already passed and explain why it is here today. The bill was introduced on April 24, 2006. It was debated over a two day period at second reading ending on May 1, after which members voted to send the bill for review to the Standing Committee on Transport , Infrastructure and Communities of which I am a member. During the months of May and June the standing committee met to on six separate occasions discuss the bill.

Does that not show government working well? The bill was introduced on April 24 and here we are today trying to push the bill through on the very last day of the spring sitting. This speaks to the great work that the Conservative government is doing.

During this time the committee heard from several witnesses. The committee heard from Transport Canada officials involved in drafting the bill and developing the policies that the bill seeks to define. The committee also heard from Mr. Tom Garlock, the president of the Bridge and Tunnel Operators Association. That association represents over 10 organizations responsible for the largest and the busiest international bridge and tunnel crossings.

The committee also heard directly from one of the members of the Bridge and Tunnel Operators Association, the Canadian Transit Company, the owner and operator of the Ambassador Bridge in Windsor, which of course is very important, as represented by Mr. Matthew Moroun and Mr. Dan Stamper, its president.

The committee heard from Phil Benson, a lobbyist for Teamsters Canada.

The committee heard from a large gamut of people. It had professionals in to provide an opinion. The main concern expressed by the BTOA was the potential financial impact. That is something private companies would be concerned with. The association wanted to make sure that the government's ability to intervene would not cut into profits. At the same time, the government wished to have a balance. We wanted people to cross as efficiently and effectively as possible, keeping in mind security and safety.

The Prime Minister and this government listened. As a result the government brought forward its own motion to amend the toll provisions to suggest alternative language that would address the government's desire to safeguard against toll increases or decreases that would have a negative effect on traffic. This government listened and acted in the best interests of stakeholders and Canadians. We found a compromise.

The result of this amendment is the new clause 15.1. The issue of consultation was also debated in the committee. In fact, the result of these amendments and debates led to a second government amendment, the addition of subclause 15(2), which would require the government to consult with stakeholders on issues of operation and use, which of course is very important to stakeholders. That this government would listen to them speaks to the quality of the government itself.

On this issue I feel the need to make a few comments. At report stage the member for Windsor West delivered a very passionate speech on this very topic. I feel that, putting aside political rhetoric, it left the public with the impression that this government did not believe in public consultation, which is simply not the case, and that it would not be undertaking any type of consultation in the processes set out in the bill. I have laid out the groundwork for that. We have already consulted with many people in drafting the bill. We have consulted with experts. It is simply not true. The Prime Minister and this government listens. We will do what is in the best interests of the people of Windsor and Canadians all across the country.

The committee referred to the numerous types of consultations that will and must take place under the bill and under other existing legislation by reason of issues raised by the bill. For example, before a new bridge or tunnel is built, a very lengthy and thorough environmental assessment must take place. What could be more important than consulting with the members of a community, the stakeholders and governments on the environmental impact? There is nothing more important as far as the government is concerned. We care about the environment.

Public consultations are an important and integral part of this process. Also, any regulation taken under the bill is subject to the federal regulatory process as set out in the Statutory Instruments Act. Before regulation comes into force, this process requires that consultations with the public be held. Yes, it is already required that consultations with the public be held.

In fact, before Bill C-3 was introduced, Transport Canada consulted with many stakeholders in connection with proposed legislation and their concerns were dealt with when possible. The key is that the government is going to protect Canadians and protect the trade of Canadians.

I understand that similar consultations will be undertaken when it comes time for preparing the regulations under the bill. This government is accountable and transparent to taxpayers. The government is not allowed to run fancy free. We will not do that, as some members opposite suggest. There are constant checks and balances in the system and many opportunities for the public, including all levels of government, to express their concerns.

The issue of the transportation of dangerous goods was also brought forward and we discussed it at length. While this issue did not result in an amendment, I will repeat to the House what I said to my fellow committee members. Transport Canada is reviewing the current regulations to do with dangerous goods transportation to see that this issue is properly addressed because we want to keep Canadians secure. In the meantime, the bill as worded would actually permit the adoption of regulations on this issue.

In addition to this amendment, several minor technical amendments were made to the bill. The details of these amendments are contained in the committee's report to the House.

This brings us to where we are today. I am asking members to support the government on this bill, to support Canadians, to support the people of Windsor, to pass the bill in order to get the job done for Canadians. When it comes time to vote, we need to put party rhetoric aside, put party politicking aside and pass this bill to keep safe and secure the transportation of goods across the borders.

According to our Constitution, international bridges and tunnels are the federal government's responsibility. Obviously, they are the federal government's responsibility because one voice is needed to guarantee the safety and security of Canadians. Currently no legislation exists that sets out the manner and the extent to which the government may be involved in matters relating to international bridges and tunnels. What could be more important? I would suggest at this stage, nothing. This includes important matters such as maintenance, safety and security that are of concern to all Canadians who use these structures.

This is a great bill and I look forward to all parties supporting it. The extent to which the government can get involved will be addressed in the regulations that will be adopted under this legislation. The government will look again to stakeholders, as we always do, and invite their comments with the view to addressing their particular concerns at that time.

I would therefore encourage all members of the House to put aside politics. I would ask them to support the people of Windsor, to support Canadians, and support all people using the international bridges and tunnels. Let us pass the bill so that our colleagues in the Senate can start the process of reviewing it without delay. In that way we will be one step closer in the long process of making this important bill law.

[Infrastructure, June 21st, 2006]

Mr. Speaker, I would seriously suggest that my colleague should read more newspapers because the bridge is built, it is painted and it is working fine.

These Conservative members are doing very well in Quebec at representing the people of Quebec and making sure that Quebeckers get what they need.

[Canada Post Corporation, June 21st, 2006]

Mr. Speaker, the people of Quebec City can be very proud of my Conservative colleagues in the House who have expressed this issue to the minister and brought it forward to me. They have worked very hard on this issue and they continue to work very hard to represent the people of Quebec. They have fulfilled their election promise. They have assured this House that there will be no jobs lost and the quality of service will actually be improved. We should be very proud of our Quebec MPs from the Conservative side.

[International Bridges and Tunnels Act, June 19th, 2006]

Mr. Speaker, it sounded good, but that is not the way it goes. The amendments put forward by the NDP member, and he has worked very hard on this file, should have been done earlier on so we could have debated them properly at committee and that was not done.

However, the power is already there. The power has been there for hundreds of years. Now we are trying to restrict the power and ensure we have consistency. What party could be against consistency and the protection of Canadians as they travel across the border? I have no idea why any party here today would object to pushing this bill forward.

Let us look at the amendments for a moment. They are asking for us to consult with all levels of government. They are asking for whatever government to consult with all levels of government. What does that mean? There is no restriction. Does it mean province? Does it mean a business community? What does that mean?

The problem is we never had the amendments in time because the NDP never brought them forward in time so we could debate them properly. As a result, we cannot just, at the last minute, push this matter forward post haste and put something forward that Canadians are not going to appreciate long term, and that would restrict Canadians. It just does not work.

[International Bridges and Tunnels Act, June 19th, 2006]

Mr. Speaker, we only have one amendment before us today and that amendment was proposed by the government. I would suggest that amendment is very good. It deals with the regulations and it deals with the minister consulting with other levels of government.

The other amendments were ruled out of order because they should have been brought forward at committee. At committee we could have dealt with them. We could have talked about them, but instead they were brought forward after committee and as a result were ruled out of order by the House. There is nothing more I can do.

I can say that the Liberal government, and the member was in that government, had the ability to regulate entirely any border crossing at its initiative with certain powers. In this particular case, we are going a step further. We are going to make sure that we have consistency in our border crossings, make sure that we consider the best interests of Canadians and keep them safe and secure. That is something the Liberal government did not do.

Quite frankly, we believe that this matter should be pushed through post-haste, as quickly as possible, to ensure that we can regulate border crossings internationally and keep Canadians safe. I would welcome the member opposite to support this initiative by this government to keep Canadians safe.

[International Bridges and Tunnels Act, June 19th, 2006]

Mr. Speaker, I am pleased to rise in the debate on Bill C-3, the international bridges and tunnels act.

This bill should not be too far back in the memories of members in the House as it was before the House only several months ago, but allow me to review a few general tenets of the bill. Members may remember from the second reading debate that the bill actually borrows from Bill C-26 and Bill C-44, which both died on the order paper as recently as last year. This is a very important bill. These previous bills proposed a significant number of amendments to the Canada Transportation Act, including adding provisions dealing with international bridges and tunnels.

In this case, Bill C-3, which is very important to this government and very important to members of this House, focuses only on international bridges and tunnels and the matters concerning these structures. Bill C-3 is the new and improved version from this Conservative government of what the former bills were proposing, plus two new provisions. The first actually is technical in nature and deals with the construction of bridges over the St. Lawrence River. The second is a requirement for government approval of all transactions that affect the ownership and operation of these structures.

The bill, when enacted, will be the very first law to apply to all of Canada's international bridges and tunnels. It is a great job by this Conservative government.

There are currently 24 international vehicle bridges and tunnels and five international railway tunnels with various forms of ownership and governance structures. The degree of oversight exercised by the federal government varies tremendously from bridge to tunnel to different crossings. By declaring these structures to be works for the general advantage of Canada, the bill confirms the federal government's jurisdictional authority to deal with international bridges and tunnels as attributed to the federal government under section 92 of the Constitution. This is part of our mandate as the federal government.

Currently, to everyone's surprise, the federal government does not have legislative authority to ensure effective oversight of these bridges and tunnels. That is why this government is pushing it forward so quickly. For example, the federal government is not able to obtain detailed information on security issues, which are so prevalent, from all of the bridge authorities. All existing international vehicle and rail bridges and tunnels will be subject to the proposed act, as will all future structures. That is very important.

It was mentioned in the House during second reading that many of the bridges and tunnels that exist today were created by special acts of Parliament, which was a tremendous amount of work. These special acts established not only the company that would be responsible for constructing the bridge or tunnel, but also set out the various terms and conditions that had to be met before the governor in council would approve the construction of any crossing.

For the most part, these special acts were enacted decades ago, in some cases almost 100 years ago, and did not address the modern day realities, such as security. Every time a new issue arose, such as amending the borrowing limit for these crossings, these acts actually had to be amended. Such procedures were very cumbersome and warranted a lot of time from Parliament and the organizations involved, much time for little result.

Reference was actually made by me during second reading to the Blue Water Bridge which connects Point Edward, Ontario with Port Huron, Michigan. The original legislation, believe it or not, was enacted in 1928 and since that time has been amended no less than 10 times, the most recent time being in 2001. In fact, until such time as the proposed act is in force, a special act of Parliament would still be required to approve the construction of any new international bridge or tunnel.

That is why I am hoping for all party consent to push this matter through quickly. I would suggest that was an ineffective use of time, when the approval of new construction could be dealt with much more effectively by an administrative process that could be set down so everyone understands where and how they are going to move forward. This is what Bill C-3 proposes, a Conservative reality check in setting out that the construction of all new bridges and tunnels requires government approval, as do alterations to existing structures. It is a great move by this government.

Our neighbours in the United States have adopted a much more streamlined approval process for the construction of international bridges and tunnels. Before issuing a presidential permit approving the construction of an international bridge or tunnel, the U.S. Department of State consults with other federal and state departments and the Canadian government to ensure that all required permits are obtained and all conditions are met.

Bill C-3 allows for the adoption of a similar process in Canada to streamline it and make it much more efficient. Bill C-3 also sets requirements for bridge and tunnel maintenance and repair and safety and security keeping Canadians safe as they travel. This will give the government the power to make regulations in this area and to provide for sanctions when these regulations are not followed. The bill does not differentiate between structures that are publicly or privately owned. It does not propose one set of rules for private and one set of rules for public. It provides one set of rules for international crossings because they are important to this government. They are important to our international trade, our tourism and of course, our economy which is so important to us.

It is proposed that the bill apply equally to all international bridges and tunnels, regardless of whether they are owned by the province, the state, or privately. Of course the government is interested in who owns and operates these structures. That is why the bill proposes that government approval must be sought each and every time there is a change of ownership. That way the government at all times will know who ultimately owns, operates and controls these critical structures that belong to Canada. That way the government will be satisfied that these persons are not only qualified, but have the structure's long term viability in mind in the best interests of Canadians.

Safety of the travelling Canadian public is job number one of this government. This legislation will ensure that our bridges and crossings are safe and that the federal government has the ability to ensure national security and protect the vital trade links on which our economy depends. Safety does not start and end when these structures are designed and built. As a result we must maintain the safety and security throughout the life of the structure.

This bill will permit public safety to be assured in the following ways: first, at the construction phase, to make sure that the bridge or tunnel is built in accordance with proper and appropriate safety measures; second, at the time of any major alteration, by making these alterations subject to approval by the government; and third, to make sure that these crossings are properly and regularly maintained. If this is not the case, the bill grants the government the power to order the owners to make repairs that are deemed necessary to keep the structure in good working condition.

We often talk in the House about Canada's aging infrastructure. We were reminded during second reading debate just how old some of these structures are. Many, believe it or not, were built in the 1920s. Some were built in the 1960s. While many have been renovated and some have received proper maintenance and repair, there are some structures that still have significant concerns. The bill will enable the minister to make regulations in the area of maintenance and repair to ensure that standards of best practices in these areas are being followed. The minister has taken a step to ensure that Canadians are safe on our international borders.

The bill also addresses security. Unfortunately, we all know that terrorism in North America is a reality. In the aftermath of September 11, 2001, many security measures were put into place to protect Canada's critical infrastructure against terrorist threats. Many of the security standards or best practices that exist today are as a result of September 11. Our international bridges and tunnels did not escape scrutiny. That is why this Conservative government is putting this legislation forward as one of our main priorities.

In relation to international bridges and tunnels, many voluntarily took up the challenge and worked together to evaluate current levels of security and determine how this security could be improved upon. When it comes to security, the job is never done. We have to continue to make sure that new types of threats mean new types of security measures. There is no room for complacency. We must continue to be proactive in this area.

I would therefore encourage all members of the House to work cooperatively with this government to secure Canada's future, to secure Canadians as they travel across our international borders. I thank the member for Windsor West, the member for Ottawa South and the member for Argenteuil—Papineau—Mirabel for all their hard work on this file during committee and all the cooperation they have shown.

[June 12th, 2006]

Mr. Speaker, the department transferred the port, along with a substantial financial contribution, to the Maritime Harbours Society, which is a private entity that deals with this matter. We are prepared to help facilitate the transfer to the local port authority and the government would be prepared to do that. That is how the government sees its role in this particular move.

As far as my personal belief on how Canadians should have the ability to move, I do not have a problem with the charter. If Canadians want to move from one part of the country to the other, like many of my friends and relatives moved to Newfoundland to build some oil refineries and work in the oil industry, that is their right under the charter.

Does the member have a problem with the charter and the ability of people to move from province to province?