David McGuinty

[Department of Foreign Affairs Act, February 11th, 2005]

Mr. Speaker, I was unable to discern a specific question or two with respect to the comments, but let me react to a few things the member said earlier.

To begin, she spoke about the question of CIDA and whether or not CIDA has a particular mandate, a specific mandate, a legislated mandate. This is an interesting question. As a former lawyer who has performed a lot of international development work, who has acted in an executive capacity for CIDA and whose own spouse spent five years working for CIDA, I find that an interesting comment when 1,100 employees of the Canadian International Development Agency and several thousand consultants do not believe they have a mandate.

The mandate of CIDA is crystal clear. It is informed by a series of principles and objectives, including the sustainable development of the planet, as CIDA pursues its development projects all over the world in dozens and dozens of countries.

The second fact the member has omitted to share with the House is the fact that many and in fact dozens of government departments have international activities. Each of these is coordinated through and under the auspices of the Department of Foreign Affairs, which is another reason why we needed to hive off and form a separate department. It was so we could better manage what is happening at Agriculture Canada, at Environment Canada or at the Treasury Board in terms of international projects and in terms of technical assistance which is going on all over the world. This is a strengthening of our capacity to deal with these internal management challenges.

Furthermore, just to be very clear, how can the governor in council simply create a new department? Does Parliament not have to approve a new department? The creation of new departments occurred within the statutory framework provided by Parliament. Under the authority of the Public Service Rearrangement and Transfer of Duties Act, this governor in council has the ability to transfer portions of the public service and ministerial powers, duties and functions from one part of the public service to another or from one minister to another.

[Department of Foreign Affairs Act, February 11th, 2005]

Mr. Speaker, I am honoured to be able to contribute to the introduction of Bill C-32, an act to amend the Department of Foreign Affairs and International Trade Act and to make consequential amendments to other Acts.

I think that this measure will definitely help Canada produce a more balanced and more consistent foreign policy as we enter the 21st century and will thus ensure a more certain and more prosperous future for all Canadians. I agree with my hon. colleague, the parliamentary secretary, and I invite all members to support this bill.

I have no intention, of course, of repeating the minister's remarks; rather I will describe the proposed changes in more detail and provide some context.

As has already been mentioned, a year ago the Governor General signed an order in council separating the Department of Foreign Affairs and International Trade into two distinct departments. The order in council created the two departments and integrated them into the legislative framework governing all departments.

The order was made under the Public Service Rearrangement and Transfer of Duties Act, which enables the governor in council to transfer any portion of the public service and powers and duties from one portion of the public service or from one minister to another. This act also gives the governor in council the power to reorganize the administration, which is essential to give the government sufficient latitude, but not the power to give or increase powers without the prior approval of Parliament.

The bill at hand only codifies the changes to the operations of the former Department of Foreign Affairs and International Trade in accordance with the order in council regarding the Department of Foreign Affairs. In actual fact, the Department of Foreign Affairs and the Department of International Trade have been operating as distinct entities for nearly a year.

This bill is being studied in parallel with the bill creating the Department of International Trade. That said, I shall limit myself to a brief review of the amendments it proposes to make to the Department of Foreign Affairs and International Trade Act.

Bill C-32 simply gives official status to the responsibilities given to the Minister and Department of Foreign Affairs by the December 12, 2003, order in council. Broadly speaking, the proposed amendments to the Department of Foreign Affairs and International Trade Act consist in erasing references to international trade.

Because of the creation of the Department of International Trade, the reason for these changes is obvious. Therefore, the Department of Foreign Affairs and International Trade Act will become the Departmentof Foreign Affairs Act and the Department of Foreign Affairs and International Trade will simply be called the Department of Foreign Affairs.

The changes will allow the minister and the employees of the department to use the new name in their official and legal correspondence.

The bill confirms that the Minister of Foreign Affairs will remain the head of the department whereas any mention of the Minister of International Trade as additional minister will be removed. However, it still mentions the Minister of International Cooperation, who supports the Minister of Foreign Affairs in his duties concerning Canada's international relations and has access to the services and facilities of the department.

However, there are now only two foreign affairs associate deputy ministers instead of three, the minister having the power to appoint one of them as deputy minister for political affairs. The bill eliminates reference to the associate deputy minister for international trade, which can now be found in the International Trade Department Act.

The powers and duties of the Minister of Foreign Affairs remain unchanged with the exception of his responsibilities over international trade which will now be under the purview of the Minister of International Trade.

For example, the section which describes the duties of the Minister of International Trade is totally removed as is the mention of international trade development. I want to underline that the international economic relations coordination function has been changed to reflect the general mandate given the Minister of Foreign Affairs in the administration of the foreign policy and the coordination of international relations.

Of course, the bill stipulates that the Minister of Foreign Affairs will no longer have the power to develop or implement trade development programs. The bill also adds on a section on allocation of funds stating that the funds authorized by Parliament for the Department's capital expenditures that are not used before year-end become obsolete at the end of the following year, unless otherwise stated in an appropriation act.

It goes without saying that the bill also provides for the addition of the Department of Foreign Affairs to the schedules of the Access to Information Act, the Financial Administration Act, the Privacy Act and the Public Sector Compensation Act. The bill creating the Department of International Trade will remove all reference to the former DFAIT in both pieces of legislation.

The powers and responsibilities of the Minister of International Trade will henceforth be set under the Department of International Trade Act, which will also amend certain other acts to replace “Minister of Foreign Affairs” by “Minister of International Trade” or to add reference to the “Minister of International Trade” if needed.

This measure is not expected to have any repercussions on the daily activities of the Department of Foreign Affairs. Consular services and passport services for the public will not be affected, and Foreign Affairs Canada has promised to maintain these services for all partner departments in missions.

On an operational level, all the major aspects of the separation should soon be in place. As I was saying earlier, the two departments already operate independently and coordinate their activities. The division of resources and personnel is a complex matter, but I am sure that if it is well managed, the two departments will be able to focus on their respective main mandates and Canada will be able to follow its chosen path, reinforcing its place in the world and giving itself a 21st century economy.

As the parliamentary secretary has already said, our entire foreign policy and the Department of Foreign Affairs itself, should be in step with globalization. This requires more than one department or internal agency, not to mention the provinces, to have a presence abroad. It is important to lay out a consistent strategic framework based on partnerships to achieve this.

Given the crucial role of international trade, investment and the integration of the Canadian economy to the global economy, it goes without saying that the Department of International Trade has an important place in this collaboration. For its part, once the Department of International Trade goes its separate way, the Department of Foreign Affairs will be in a better position to focus on its fundamental mandate, which will give increasing importance to achieving consistency between international programs and programs within the Canadian government and its new partners. It will be incumbent upon the Department of Foreign Affairs to interrelate the various repercussions on foreign policy of each partner's actions in trade, defence, development, environment, and so forth, and to promote in interdepartmental authorities an understanding of the larger international context.

I will let my colleagues elaborate on the advantages this bill presents to Canada. I just want to say that it is important to pass this bill. For a year now, the two departments involved, with their partner department, have worked extremely hard to promote Canada's international program.

That said, in a nutshell, there are several fundamental messages here that Canadians should understand.

First, the legislation simply reaffirms and enshrines the mandate of the Department of Foreign Affairs to coordinate and conduct Canada's foreign policy.

The Bloc Québécois continues to raise issues that are far outside the ambit of this bill and its effect. They are valid and legitimate questions that surround the question of globalization and the integration of human rights, environmental rights and environmental protection, the protection of labourers, and so on and so forth, but as far as I am concerned they fall well outside the ambit of the import of this basic bill which gives rise to a separate foreign affairs department to coordinate and conduct Canada's foreign policy.

In effect, this is simply the codification of provisions in the 12th of December, 2003 order, and it formalizes the separation of both departments. As such, the legislation has no impact whatsoever on day to day government operations. If that were the case, we would have seen such impacts, given that we are now many months after the original separation of both departments.

There are four salient features that inform the highlights of this legislation. This reaffirms that the Department of Foreign Affairs is under the authority of the Minister of Foreign Affairs, who is responsible for the management and the direction of both the department in Canada and abroad. It makes explicit that this minister conducts Canada's foreign policy, and no other minister, and coordinates Canada's international relations. It removes from the powers, duties and functions of the Minister of Foreign Affairs those responsibilities that are simply related to international trade. It adjusts several federal acts to reflect that Foreign Affairs Canada and International Trade Canada are two separate departments.

This bill has to be read in conjunction with the bill establishing the Department of International Trade, and although there are valid concerns being raised by all members of the House with respect to the system which governs the global marketplace, the system which governs the protection of labour and labourers, the emerging system that is in place to protect our international and national environments, the import of this bill is a simple one. It creates a separate department.

[Petitions, February 11th, 2005]

Mr. Speaker, I have a petition to table this afternoon presented by a group of very concerned citizens with reference to children suffering from autism spectrum disorder.

These citizens are calling upon the government to amend the Canada health Act and the corresponding regulations to include a particular kind of therapy called IBI and ABA for children with autism as a medically necessary treatment, and to require further that all provinces provide or fund this essential treatment for autism. They are also interested in the creation of academic chairs at universities to help with the research on IBI and ABA.

[Foreign Affairs, February 11th, 2005]

Mr. Speaker, the situation in Togo, a member of the Francophonie, is of great concern. On the death of President Eyadéma, Togo did not comply with its constitutional requirement for the national assembly to fulfill interim presidential duties until an election could be held. Instead, the military put the late president's son in power, throwing that country into total disarray.

What action is the Francophonie taking to protest this situation?

[Black History Month, February 11th, 2005]

Mr. Speaker, February 12, 2004 marks the sixth annual Black History Month program in Ottawa. The theme of the program is “Keepers of the Story: Making a Difference--the Power of Choice”.

This history in the street is a contemporary tribute to historic persons who laid the foundation for our human rights culture in Canada. They include Lieutenant-Governor John Graves Simcoe, Chief Justice William Osgoode, Harriet Tubman, Frederick Douglass, the Hon. George Brown, Isabella Brown and Lord Elgin.

In 1793 Lieutenant-Governor John Graves Simcoe and his cabinet passed the first anti-slave trade bill in the British Empire and opened the way to the underground railroad movement to Canada. It was our nation's first anti-discrimination legislation.

The 12th of February honours Nelson Mandela, an honorary citizen of Canada who opted for reconciliation after walking to freedom in Africa on February 11, 1990.

This initiative of the J'Nikira Dinqinesh Education Centre is presented with Dalhousie University's chair of Black Canadian Studies, Library and Archives Canada, with assistance from the Ottawa--

[Telecommunications Act, February 7th, 2005]

Mr. Speaker, I am pleased to rise today to speak in support of Bill C-37, an act to amend the Telecommunications Act.

This is a bill that responds to the needs of Canadian consumers. They are fed up with unwanted and unsolicited telemarketing calls. I am sure that every member in the House could give anecdotal evidence of the frustrations felt by our families, friends and neighbours. Many of us could speak from personal experience. Everyone can tell a story about being interrupted by telemarketers in the middle of dinner or in the midst of putting the kids to bed or some other quiet time.

There are times when we are willing to listen to people who want to sell us something, or want us to donate to a worthy cause. There are other times when these pitches are intrusive and a nuisance.

But we no longer need to rely upon anecdotal evidence to tell us what Canadians think about telemarketing. In 2003, Environics conducted a survey on consumer attitudes toward telemarketing, and 81% of respondents reported receiving unsolicited calls. On average, respondents received 3.43 unsolicited calls per week.

Of those consumers who receive at least one call per week, 44% are more likely to report receiving calls from charities; 24% report receiving calls from firms they have done business with in the past; and 27% report receiving calls from firms with which they have not done business.

Hon. members will not be surprised to learn that many Canadians do not like receiving unsolicited telemarketing calls. The poll tells us that 38% tolerate them; 35% are annoyed by them; and fully 24% say that they hate them. In fact, some 14% of the people Environics polled reported that they had tried to make a complaint regarding an unsolicited call.

Among this subgroup 39% indicated that the complaint was resolved. A significant majority, 59%, said that their complaints were not resolved. This is an indication of a system that simply does not work. When nearly three out of five complainants state that their complaints were not resolved, we know that there is something wrong with the framework laws that govern telemarketing.

It is time to present some accountability and consumer response to the telemarketing rules. That is precisely what the bill does. It provides Canadians with an effective, easy way to curtail intrusive telemarketing and establishes the authority to set fines against those telemarketers who ignore the rules.

At the heart of the bill is the government's decision to create a national do not call list. The Environics research indicates that 79% of those surveyed would support a national do not call list, and 66% likely would sign up for the service.

The bill gives the CRTC the authority to set up an arm's length administrator for that list, and the authority to fine those telemarketing companies that persist in calling people who have registered on the list. The bill also provides the CRTC with the authority to establish fees to recover the costs of maintaining this system.

Once this bill has been passed, the CRTC will undertake public consultations to work out the implementation details. It will seek public comment on what types of organizations should be required to use the do not call list, and on who should pay for the operation of the list.

To get an idea how this system would operate, we need only look south of the border to see how a comparable system in the United States works. Media coverage has made the Canadian public well aware of the success of a national do not call registry to regulate telemarketing there.

In the U.S., telemarketing businesses are required to register with a regulator. A minimum of once every three months they must download an updated list of registered telephone numbers. These registered telephone numbers will come from consumers who have requested to not be called. The telemarketing businesses are required to delete any registered do not call telephone numbers from their call databases.

In Canada there would be penalties for telemarketers who violated the do not call list. The penalties would be $1,500 per offence for a person and $15,000 per offence for a corporation. The CRTC's decisions to impose penalties would be subject to review by the CRTC itself and may be referred to the Federal Court of Appeal.

Consumer groups, including the Public Interest Advocacy Centre, already favour the creation of a national do not call list. We know that 79% of those surveyed by Environics also said they would be in favour of a national do not call list. I am sure that if hon. members canvassed their constituents they would find them solidly in favour of a national do not call list.

I know that many of my colleagues on the other side of the House have also favoured this approach to regulating telemarketing. I especially want to acknowledge the work done on this issue by the hon. member for Vancouver Island North.

Occasionally the House has the opportunity to do something good, something great, for many Canadians. Sometimes these issues have enormous magnitude, such as improving the quality of our health care system, or ensuring that Canadians from low income families have an opportunity for higher education. However, I venture to say that there are few bills that would receive such widespread support as the one we are debating today.

It would create the right regulatory environment for sensible, smart telemarketing. It would safeguard the privacy of Canadians and their right to choose with whom they wish to communicate. For thousands of Canadians who may opt to register on a national do not call list, it would mean quiet evenings with their families free from commercial interruption.

I urge my colleagues to join me in supporting this bill.

[First Nations, Métis and Inuit War Veterans, December 10th, 2004]

Mr. Speaker, it is a pleasure to respond to the motion this afternoon.

I commend the member for his efforts in keeping this issue alive but, unfortunately, I think many of the things that he has put forward in the motion are somewhat misguided and not always reliant entirely on the facts in terms of what the government has been doing in this regard.

The history of first nations, Métis and Inuit military service is quite remarkable and, when called, of course Canada's aboriginal veterans answered the call by the thousands. They served nobly in all three major wars of the last century.

The first world war, with its trench warfare, its poison gas and its machine guns, destroyed virtually a full generation of young Canadian men. Among them were at least 300 aboriginal Canadian soldiers.

Over four years, aboriginal Canadian soldiers participated and earned medals for valour in practically every major land battle.

More than 200 native Canadian soldiers were killed or died from their wounds during the second world war. Natives earned a minimum of 18 decorations for bravery in action. They participated in every major battle and campaign, including the disastrous Dieppe landings and the pivotal Normandy invasion.

They also served in one of the worst imaginable theatres, Hong Kong, where just under 2,000 members of the Winnipeg Grenadiers and the Royal Rifles of Canada became prisoners of war of the Japanese. Included among them were at least 16 Indians and Métis, nine of whom died from wounds or illness.

Korea would see our aboriginal veterans answer the call to service as well.

It is for such service that all Canadians want to see that aboriginal veterans are treated with fairness and justice. If and where there has been elements of unfairness over time, we want to take steps to correct that unfairness. The government believes it has done just that.

In February 2000, some federal ministers invited the aboriginal veterans to come and discuss the treatment they received during and after the wars.

The National Round Table on First Nations Veterans Issues was created with the first nations veterans. Discussions took place with the National Métis Veterans Association on the subject of Métis veterans, and the National Aboriginal Veterans Association agreed to take part in a research project on the fate of non-status Indian veterans after the wars.

The grievances of aboriginal veterans relating to their treatment during and after the wars are very complex and have been examined and discussed many times in various fora over the recent past. The member opposite knows this full well.

At each discussion, the complexities become even more apparent. They are difficult matters to grasp, partially because they invariably require an understanding of issues that originated decades ago. A reading of history decades later can give rise to all sorts of legitimate misunderstandings and misinterpretations. In that reading, we are faced with different perspectives of different parties, which makes it difficult to respond in a manner that satisfies everyone.

In order to look at these issues in their context, we should examine the history of veterans' benefits offered to all who served in wartime. Here they are, in broad terms.

Every veteran who was honourably discharged was eligible for a war service allowance and a clothing allowance. In addition, if they met the eligibility criteria, veterans could choose one of the following options: first, a re-establishment credit , second, educational assistance, including retraining allowances, or third, assistance under the Veterans Land Act.

I am going to leave it to my colleagues to speak to some of the more substantial detail about how the application of these demobilization benefits played out over time.

There is no denying that for decades aboriginal veterans, that is to say first nations, Métis, non-status and Inuit, have felt that they were not treated fairly by the Government of Canada after the wars.

As I mentioned earlier, to better understand and respond to the concerns of first nations veterans, the federal government established a national round table in February 2000. Provisions were made for first nations veterans to research how various departments dealt with their requests for demobilization benefits after the wars, including, of course, Veterans Affairs Canada and Indian and Northern Affairs.

The round table also focused on collecting oral testimonies from first nations veterans, identifying acts, policies and programs available to veterans and to their spouses during and after the wars and of course gathering data on the names of first nations veterans.

There is no doubt from file reviews, research and discussions of the round table that first nations veterans received the demobilization benefits to which they were entitled after the wars. However, those who chose to return to their reserve communities after the wars had to deal with an extra layer of bureaucracy in order to receive their demobilization benefits. Veterans Affairs Canada provided the benefits for first nations veterans on reserve to their Indian agents, who in turn were to provide the benefits to the veterans.

In response to the report presented by the national round table, on June 21, 2002, the Government of Canada announced that it would provide $20,000 to each living first nations veteran who returned to a reserve after the wars or their living spouse.

Hon. members might recall that when the previous minister of veterans affairs made the announcement in the House, members of all political parties applauded the announcement. This tax free amount of $20,000 was, after all, consistent with other lump sum packages offered to other veterans' groups by the Government of Canada.

Veterans Affairs Canada and Indian and Northern Affairs Canada have worked with the national round table working group in order to get the message out about the federal offer to the various first nations communities. Although the original application date closed on February 15, 2003, late applications have still been accepted. To date, 1,195 ex gratia payments have indeed been made.

The situation of Métis and non-status Indian veterans is not the same as that of first nations veterans who returned to the reserves, because they did not have to deal with a third party. Furthermore, access to assistance provided under the Veterans' Land Act had not been complicated by issues of inalienable reserves located on Crown land.

The federal government nonetheless established a separate process to deal with these concerns.

Substantial funding was provided to the National Métis Veterans Association and the National Aboriginal Veterans Association to deal with issues concerning Métis and non-status Indian veterans respectively. It was used to pursue fact-finding discussions to investigate what happened to these veterans after the wars, to compile listings of Métis and non-status Indian veterans, and to collaborate with government in researching their post-war experiences.

Evidence to date indicates that these veterans opted for and received the same demobilization benefits as other veterans. Should aboriginal veterans feel that they did not receive demobilization benefits they were entitled to after the wars, they should contact the department and their files will be reviewed on an individual basis.

Since the wording of Motion M-193 suggests that first nations, Métis and Inuit war veterans are in the same situation when it comes to compensation for veterans, it is appropriate to provide some information.

The offer of ex-gratia payments provided to first nations veterans was based in part on the fact that many of them who returned to the reserves after the wars were unable to deal directly with the Department of Veterans Affairs.

Furthermore, the round table found that because of the extra layer of bureaucracy, the veterans did not receive all the benefits to which they were entitled.

This was not the case for Métis and other aboriginal veterans. Veterans Affairs Canada has precise records of the demobilization benefits paid directly to these veterans. Extensive file reviews have shown that the benefits paid to these veterans were the same as the benefits paid to non-aboriginal veterans. Of course, Veterans Affairs Canada will be pleased to review the files of any aboriginal veterans who feel they did not receive the benefits that were their due.

[Remote Sensing Space Systems Act, December 7th, 2004]

Madam Speaker, it is a pleasure to speak to Bill C-25, the remote sensing space systems bill. I will begin by picking up where the hon. member left off, and that is to remind the House that there are national security implications with respect to the use of satellites. I would like to speak a little more directly to the natural security implications and address some of the important economic and ecological implications around the regulation that is provided through the remote sensing bill.

In tabling the legislation, we are recognizing that Canada has become a force in the highly competitive global niche market of earth observation. It is a major component of Canada's high tech sector and there are, in my region alone in the national capital region, over 1,500 high tech companies, many of which have provided contributions to this very area of remote sensing.

The Government of Canada is committed to using state of the art earth observation satellites, sensors and technology to monitor and manage our crops, forests, oceans and other natural resources. Many of which, we do not even know exist because they have not necessarily been catalogued or form part of any inventory.

These satellites and technology are intended to, for example, monitor climate change as the impacts of climate change are felt on the fragile ecosystem in Canada's far north. These technologies are helping our scientists learn more about our planet. They are providing the government with important information, policy and decision making information.

Through the legislation, we are also acknowledging that space based remote sensing is a critical resource that is helping the Government of Canada ensure the safety and security of Canadians while asserting the sovereignty of our nation from coast to coast to coast. Government departments and agencies are using remote sensing to aggressively monitor and catch polluters, for example, in our coastal waters.

Orbiting some 800 kilometres above the earth, operating day and night, in all weather conditions, Canada's satellite, called RADARSAT, is peering through the darkness and the fog to identify offenders, and alert authorities in the Gulf of St. Lawrence, on the Great Lakes, and on both the east and west coasts of Canada.

Across the government, departments are working together with the Canadian space program, using space technologies and remote sensing to deliver better services to Canadians faster and more efficiently. A host of government and academic partners are studying wetlands, coastlines, the arctic ice sheet and Canada's forests.

Extreme dry conditions in British Columbia in the summer of 2003 led to the worst forest fire season on record. More than 2,400 fires consumed over 255,000 hectares of prime Canadian forest. The final cost was a staggering $545 million just to fight the fires and the loss of more than $5 billion worth of lumber to the Canadian forest industry.

Pilot programs are directing telecommunications and remote sensing resources to mobilize firefighters in real time, dispatching critical resources to save lives, homes, forests and wildlife. In Canada alone, natural disasters in the last 10 years have led to the loss of many lives and caused over $5.5 billion in damages. When the Red River flooded its banks in 1997 and 2000, it forced the evacuation of 28,000 Manitobans.

Images from space helped monitor the flood conditions. They helped plan and speed rescue operations, and determined damage to local infrastructure like the highways. The data produced by remote sensing satellites is also being used to improve the management of agricultural sustainability. This information could one day help our farmers increase their crop yields and implement better agricultural practices such as zero tillage.

Advanced remote sensing in the future could help a sector that annually generates exports worth $24 billion, representing about 8.3% of our national GNP. Fisheries and Oceans and the Canadian Space Agency have launched a study that looks at sea surface, temperatures, currents and other characteristics of our oceans. Space based remote sensing satellites are providing key information to all levels of government, to the fishing sector and aboriginal groups to better manage our marine resources while protecting our ocean and coastal environments. It is not a small and unimportant feat as we strive to implement our oceans management strategy.

Other departments are working with the Canadian Space Agency to monitor ice flows, sea ice, glaciers, ice caps and frozen ground in Canada's north. The Canadian Ice Service is one of the largest single users of this data. RADARSAT images are helping the Canadian Coast Guard analyze ice flows, directing ships as they navigate through Canada's ice filled waters.

We know that earth observation images will provide important information on the sustainable development of our northern resources and the possible impact of such activities on our aboriginal peoples, their communities and their lands.

Observing our country from space also helps Canada's commitments to the Kyoto agreement by providing the government with critical information. No where is this more obvious than in the environment and sustainable development indicators initiative of the Government of Canada and launched by the Prime Minister when he was the minister of finance in the 2000 budget. He instructed the national round table on the environment and the economy to devise Canada's first suite of environmental and sustainable development indicators, so we could report more accurately to Canadians on the overall health and wealth of our country using measurements other than simply economic measurements.

We know that the data provided by RADARSAT will be of great assistance as we seek, for example, to report on the extent of Canadian wetlands. It is said that Canada possesses 25% of the planet's wetlands. Wetlands are a perfect water and air filtration system. This kind of data will help us diagnose the extent to which we still possess those wetlands, and to what extent if any we are draining them. This is important as we seek to meet our Kyoto agreement targets.

Just last week my colleague, the Minister of the Environment, hosted 51 nations that came to Ottawa as part of an international undertaking called GEO, Group on Earth Observation. Canada and these nations are absolutely committed to pooling their space, scientific, and technological expertise and resources to develop a global system of systems that will literally take and monitor the pulse of our planet.

Canada continues to gain and has gained valuable experience using remote sensing satellites and technologies to provide help way beyond our borders. Canada works with other countries and the United Nations, for example, to provide images from space that could help speed rescue missions and aid mitigating natural disasters like oil spills, earthquakes and landslides around the world. In the last four years the world has called upon space satellites over 60 times to provide critical lifesaving information.

Canada's remote sensing is assisting developing nations by helping locate sources of drinking water in Africa, for example, and by identifying regions at risk from diseases, such as malaria in Kenya. That is not an insignificant matter as malaria sweeps through sub-Saharan Africa. It is also predicting rice crop yields in the Mekong River Delta in Southeast Asia.

Designed by the leading Canadian space companies and launched in 1995 with an estimated lifetime of 5 years, RADARSAT-1 has now entered its 10th year of operation. Through a public-private partnership, RADARSAT International and the Canadian Space Agency have built a solid global reputation for Canada in remote sensing.

RADARSAT International has certified a global network of 24 ground stations and built a market for precision RADARSAT data, serving more than 600 government and commercial clients in more than 60 countries.

Today Canada claims fully 15% of the global market for remote sensing products and services. Canada's next generation of remote sensing satellite, RADARSAT-2, is being readied for launch in late 2005. RADARSAT-2 is being assembled and tested not far from here, at Canada's space qualification facility, the David Florida Laboratory at Shirley's Bay. I take this opportunity to invite my esteemed colleagues from all sides of the House to visit the space agency's lab to see RADARSAT-2, a leading edge satellite that will address the needs of government and the growing global commercial market.

In short, space is a strategic asset for our country. Space and remote sensing are helping our government meet its priorities, especially in areas related to environmental protection, sustainable development, climate change, cities as they grow, and connecting Canadians' security and sovereignty. Space can provide solutions to government policy and service delivery challenges by putting space capability in the hands of our policy advisors and service providers.

Canada's commitment to leveraging the power and potential of space is positioning Canada as a technology leader among nations. Satellite remote sensing is an important and mature industry that provides Canadians and the world with unmatched tools for monitoring the environment and managing natural resources.

This legislation provides a very clear regulatory framework in which private remote sensing activities can evolve, a framework which also recognizes the importance of meeting our security concerns and obligations. This remote sensing legislation will also help ensure Canadian companies remain global leaders in remote sensing technology and services, and help them to continue to deliver social and economic benefits to Canada and Canadians.

[Bankruptcy and Insolvency Act, December 3rd, 2004]

Mr. Speaker, it is a pleasure to respond to Bill C-281. I congratulate the member for Winnipeg Centre. There is no doubt that wage earners need protection when their employers go bankrupt. Everyone in the House is concerned about this problem and has been for a long time.

Over the years different options for wage earners' protection have been considered. They have been considered here and each with its own benefits and drawbacks.

I would like to offer up some comments as a former unionized worker, as a former small businessman and as a recovering corporate lawyer.

In examining the various options, one question has to be answered and it is this. Is this approach fair to all parties? Make no mistake, bankruptcy means there will be a shortfall and not all debts will be paid. All parties suffer in a bankruptcy, including employees, creditors, suppliers and the owners of the company.

Our challenge here is to find the proper balance in the protection of these various interests.

While it is difficult to say that the protection of workers, the backbone of our economy, can go too far, I believe Bill C-281 does just that. It goes too far. The bill throws all balance and equity out the window. It represents a radical departure from the existing system, one that if adopted into law, could have a dramatic effect on the economy and the very workers that it seeks to protect.

Let me explain. The solution proposed in Bill C-281 is straightforward, an unlimited super priority for all employment related claims to all of the assets of the bankrupt company. In addition to wages and vacation pay, it would add termination, severance pay and other benefits. It could also add protection for pensions, including unfunded liabilities.

The liabilities, in particular the unfunded liabilities, can be huge, outstripping the value of the company's assets and the company's ability to pay.

Due to the magnitude of the super priority contemplated in the bill, it could have serious effects on credit and capital access, particularly for higher risk new businesses, particularly high technology companies, over 1,500 of which exist, for example, in my region here in the National Capital region.

Creditor claims, even those that are secured under the appropriate law, would fall below employment related claims. If all the company's assets go to satisfy worker claims, there would be nothing left to pay remaining creditors. Creditors would be less certain about their ability to collect debts owed to them and it could be assumed would be less interested in investing in Canadian companies.

We must also consider smaller creditors, such as trades people and suppliers. These individuals are in many cases no more capable of protecting their interests than workers. Small businesses and independent contractors take risks when they supply other companies, and our system must respect their efforts as well as their claims in bankruptcies.

Again, we come back to the issue of balance. The underlying factor is that disharmony in the system will have potential economic costs. If credit is not available, businesses will not expand and they might even contract. If business does not expand, new jobs are not created and labourers will see less demand and less opportunities for their services.

The protection of wages must not be examined in a vacuum. Insolvency reform cannot eliminate risk or harm. It should strive to strike the best possible balance of the needs of all parties in a bankruptcy proceeding. The fact is that bankruptcy is about not having enough money to go around. The issue is how best to allocate that shortfall when everyone deserves to be paid.

Bill C-281 does not strike the right balance. It attempts to benefit one group in the equation, while placing an unfair burden on the others. To be sure, the super priority proposed by the bill is not the issue. Indeed, it might be a proper approach to take, but the balance proposed in this bill is off.

It is the position of the government that finding the right balance will require additional study. Reform in this area should wait for the results of the Industry Canada review of this and other insolvency related issues.

I would like to address one other element of the bill that has not received enough attention. The proposed bill also amends the Canada Business Corporations Act. I would commend to my colleague, the member of the NDP, to listen and learn carefully about how the Canada Business Corporations Act actually grants the minister of labour the power to appoint an adjudicator to hear and resolve wage claims by employees.

While it can be appreciated that everyone's best interests are served when claims of this sort are settled quickly, it is unclear as to why the bill would replace the courts as the mechanism for settling these disputes.

The Canada Business Corporations Act already has provisions for wage liability for directors. Right now the directors of a corporation are jointly and severally liable for six months of wages owing to employees in the event of a bankruptcy. This is an absolute liability. There is no statutory defence. These claims, even in a moderate sized corporation, can achieve sums in the millions of dollars.

The courts already have the expertise to deal with large claims of this kind. The small claims courts can deal with situations that involve only a few employees. In any event, given that wage liability is absolute, all that remains for a court to do is satisfy itself that the claim is valid and order the payment. The bill adds little except to set up a parallel system without some of the usual due process rules, including a specific prohibition of a right of appeal. Due process in my estimation should not be capriciously discarded. Despite the cost, the rigorous standard created by an absolute liability offence justifies having the safeguards consistent with a formal court proceeding.

Under the provisions of the bill, the adjudicator may summon and enforce the attendance of witnesses, compel testimony, compel the production of documents, administer oaths and order directors to pay employees the wages owing. This sounds like a court to me. Substitute the word judge for adjudicator and we have a system very much like that which currently exists, and one that operates transparently, fairly, and without the additional layers of bureaucracy. I see no need for these provisions.

The government agrees that wage protection is deserving of attention and is actively exploring the options to deal with this important issue. The solution put forward in Bill C-281 is neither practical nor reasonable, insofar as its effects on other stakeholders. It ignores the concept of balance. It favours one group to the exclusion of all others. It ignores the economic impact of unlimited super priority. It ignores the interests of the many creditors, both large and small, who by taking risks and supporting Canadian business, allow our economy to flourish and allow so many of the hundreds of thousands of jobs to be created in the first place.

[Labour, December 3rd, 2004]

Mr. Speaker, the Minister of Labour has announced the first comprehensive review in 40 years of part III of the Canada Labour Code. Part III of the code establishes basic conditions of work and provides protection for some one million employees, 10% of the Canadian workforce.

Could the minister tell the House what this review will encompass?