Mr. Speaker, we are now at second reading of Bill C-48, an act respecting marine conservation areas.
This bill seeks to define the legal framework for the establishment of 28 marine conservation areas, so as to protect and preserve natural marine areas that are representative of the oceans and of the Great Lakes, to promote public knowledge, appreciation and enjoyment of this marine heritage, and to preserve it for future generations. The Saguenay—St. Lawrence marine park, which is the 29th marine conservation area and which was officially established on June 12, is not included. It is not covered by the bill, because Quebec has its own legislation.
The Bloc Quebecois finds it perfectly normal and legitimate that Quebec would apply its own legislation to the marine world. After all, our province has been assuming for 15 years already its legislative responsibilities regarding the land along the Saguenay fjord and a large part of the St. Lawrence estuary.
The Bloc Quebecois has always cared a great deal about environmental protection measures. I know what I am talking about, since I was my party's critic on the environment from 1995 to 1997. The Bloc Quebecois supported the government regarding the establishment of the Saguenay—St. Lawrence marine park.
That being said, my party will oppose this bill. We cannot support Bill C-48 which, instead of relying on dialogue, as was the case with the Saguenay—St. Lawrence marine park, does just the opposite.
With this bill, the federal government is trying to unilaterally create marine conservation areas, regardless of Quebec's jurisdictions, particularly over the environment. This is the main reason the Bloc Quebecois will not support the bill.
We feel that this legislation is an unacceptable infringement by the federal government on jurisdictions that are already under Quebec's strong and effective control.
The Government of Quebec has a proven track record and it has taken measures to protect the environment, particularly the marine floor. So why does the federal government feel the urge again to interfere in an area under provincial jurisdiction? It is always the same old story.
I would like the Minister of Canadian Heritage to explain to me why she does not want to use the Saguenay—St. Lawrence Marine Park Act as a model.
By making ownership of the territory an essential condition for the creation of marine conservation areas, the federal government is behaving like a centralizing government that wants control over everything, regardless of Quebec's jurisdictions. This is no surprise coming from this government.
This kind of interference is nothing new. Paradoxically, the federal government has often used the environment as the perfect example of progressive, open and decentralized federalism.
On other occasions, this same government invoked the notion of national interest as well as international commitments stemming from the globalization of environmental issues, as if Quebec were incapable of facing this new reality on its own. Let us be serious.
Here are a few flagrant examples that show this government's bad faith and its insatiable appetite for interfering in Quebec's affairs, particularly with regard to the environment.
The first example is the implementation of the ecogovernment policy in which Ottawa totally ignored provincial powers by favouring a partnership with representatives from industry, municipalities and agriculture. It deliberately ignored Quebec's involvement.
The second example is the implementation of the Canadian Environmental Assessment Act, which infringes in an unprecedented way on provincial responsibilities and creates considerable duplication with Quebec's legislation in this area. Now we have Bill C-48, an Act respecting marine conservation areas, and there are many other examples.
Speaking of duplication, this bill tops it all. It is an unthinkable administrative mess.
Bill C-48, proposed by the Department of Canadian Heritage, will establish a new structure, the marine conservation areas, that will duplicate the marine protected areas of the Department of Fisheries and Oceans, and Environment Canada's protected offshore areas. That does not take into account the overlap with the Quebec department of the environment and wildlife. What a fine example of federal bureaucratic inefficiency. Amazing.
In addition, the bill disregards Quebec's territorial integrity. We need only look at the wording of the bill. Clause 5(2) specifically provides that the minister may not establish a marine conservation area, unless he, and I quote:
—is satisfied that clear title to the lands to be included in the marine conservation area is vested in Her Majesty in right of Canada, excluding any such lands situated within the exclusive economic area of Canada.
Quebec is not for sale. Subsection 92(5) of the Constitution Act, 1867, recognizes that the management and sale of crown land are matters of exclusive provincial jurisdiction.
Quebec legislation on crown lands applies to all crown lands in Quebec, including beds of waterways and lakes and the bed of the St. Lawrence river, estuary and gulf, which belong to Quebec by sovereign right.
In addition, this same legislation provides that Quebec cannot transfer its lands to the federal government. It can, within this legislation, only authorize, by order, the federal government to use them under its federal jurisdiction. However, the protection of habitats and fauna is a matter of joint federal and provincial jurisdiction, and the Government of Quebec plans to establish a framework for the protection of marine areas in the near future.
To top it off, Heritage Canada intends to unilaterally launch three projects to establish marine conservation areas in the St. Lawrence River, its estuary and gulf, all three being areas under Quebec's jurisdiction.
What justifies such arrogance on the part of this government, which claims it owns the marine floor where it wants, to establish marine conservation areas? Why does the federal government not promote bilateral agreements between the Ottawa and the Quebec government instead, so that Quebec may maintain its areas of jurisdiction?
This government loves to go it alone and show the rest of Canada that it is the one laying down the rules of the game, ignoring its own laws and those of the provinces in the process. This is another example of how unfairly Quebec is treated in this federal system.
How stupid and ironic at the same time. Not only is the federal government duplicating what the provinces do, it is also opening the door to overlap in its own court.
How can people believe and trust it, when it shows so little determination and strength in their legislation? Quebeckers will figure it out and be all the more convinced that pulling out of the federation is the right thing to do.
Bill C-48 on marine conservation areas is an unacceptable attack on a predominantly provincial jurisdiction. It will result in duplication, challenge and the subordination of provincial processes, as well as large and unnecessary expenditures and many court challenges. These are becoming more frequent in the federal system and are becoming unbearable.
Once again, the taxpayers will have to foot the bill after the federal government has made the wrong decision.
As I said at the beginning, the Bloc Quebecois will vote against this bill. On November 30, Quebeckers will make the right decision for Quebec, they will be vote for the Parti Quebecois.