Madam Speaker, we recognize that Motion No. 4 put forward by the hon. member for The Battlefords-Meadow Lake definitely has some merit. While it will not gain our full support, it is far from worthless. It has the advantage of applying the concept of transparency to one of the most fundamental aspects of the Canadian Environmental Assessment Act, the regulations made under the Act.
I would like to remind my colleagues that on October 6, the Minister of the Environment announced in this House that the Act would be proclaimed and that its regulations would soon be published in the Canada Gazette . These regulations are actually one of the many shortcomings of this federal legislation. They confer great power and allow the federal government to give a wide application to its environmental assessment process, without any regard for assessment processes already established by the provinces.
The federal regulations have a major impact in Quebec. In view of the great power the federal government has seized to initiate federal assessments, as provided under the regulations, most projects covered by Quebec regulations are likely to be subject to the federal regulations also. Clearly, two processes could be undertaken for the same project, unless, of course, there was a bilateral agreement between the province and the federal government. So far, I think that only one province has signed such an agreement with the federal minister.
Federal regulations on environmental assessment reinforce and give further extension to the Act. That will lead to a duplication of assessment processes, an inability to meet deadlines under provincial processes, the possibility that provincial decisions could be challenged, some uncertainty and hesitation by developers in submitting projects owing to the dual assessment process and the subsequent decisions, a waste of time and money, the possibility of legal challenges for the results and decisions, if the two assessments reach different conclusions. These are serious consequences of regulations made under the Act.
Since the minister refused to amend her legislation to specify that provincial procedures, and more specifically those in Quebec, are comparable to the federal process and equally valid, so that projects subject to Quebec regulations would be subject only to provincial procedures, we now have two sets of procedures, which is very costly and very confusing for all concerned.
The federal legislative process is opaque to the point of being secretive. Regulations are churned out without any genuine debate by members. They are published and easily pass consideration by the Committee on Scrutiny of Regulations, without anyone being able to challenge the basis for certain regulations. The process makes absolutely no sense at all and is also dangerous because these regulations are often vitally important.
In this particular case, the regulations of the Canadian Environmental Assessment Act mostly duplicate Quebec's regulations. It is most unfortunate that no Quebec members had a chance to look at these regulations before they came into force. It is also unfortunate that members have had absolutely no say in this respect. We find the same situation-not a very democratic one, in my opinion-with all other bills debated and voted on in this House. We can see the bills and study them clause by clause, but we never have that opportunity with the regulations.
If the NDP motion is adopted, it would have to be part of the general procedure for proposed legislation, so that at least elected members would be able to discuss draft regulations before they become official.
We support the main purpose behind this motion. However, we object to including the senators in a process to prevent the approval of draft regulations. The Senate consists of non-elected individuals, appointed strictly on a partisan basis. These are patronage appointments, and these friends of the government cost us $53 million.
As I said before, the motion's purpose, which is to give us a chance to examine the regulations and to amend or reject them,
is entirely valid. The legislative system should make it possible for members to intervene in this area.
Therefore, I move, seconded by my colleague the hon. member for Terrebonne:
That Motion No. 4 be amended: a ) in sub-clause (1), by replacing the words ``each House of Parliament'', with the following:
"the House of Commons"; b ) in sub-clause (2),
(i) by replacing the words "either House of Parliament under subsection (1), a motion for the consideration of that House", with the following:
"the House of Commons under subsection (1), a motion for the consideration of the House"; and
(ii) by striking out the words "fifteen Senators or", "the Senate or" and ", as the case may be,"; c ) in sub-clause (3), by replacing the words ``both Houses of Parliament'', with the following:
"the House of Commons"; d ) in sub-clause (4), by replacing each instance of the words ``both Houses of Parliament'', with the following:
"the House of Commons"; and e ) in sub-clause (5), by replacing the words ``either House of Parliament'', with the following:
"the House of Commons".