44th Parl. 1st Sess.
May 15, 2023 11:00AM
- May/15/23 6:06:33 p.m.
- Watch
- Re: Bill S-5
Madam Speaker, I am pleased to rise in debate tonight to talk about amendments that have been proposed to Bill S-5, which is an act to amend the Canadian Environmental Protection Act of 1999.
I have now had a chance to review many of the amendments that are before the House right now. I want to focus my comments on one particular area, and perhaps express some concern over the lack of clarity with regard to this area, coming into the report stage of the bill, as well as to provide some suggestions should the bill progress further. I want to do so as a representative from the province of Alberta.
I will start by echoing the statement by my colleague from the Bloc earlier. There is a lot in the bill to agree on in principle, but there is concern in terms of how the bill's current format could actually affect things like provincial jurisdiction. My colleague who just finished debate spoke a little bit about it in the context of her province, and I want to talk about it in the context of mine.
The area I want to focus on is how the government has approached the concept within the bill of the right to a healthy environment. I would like to think that every Canadian certainly supports the right to a healthy environment. On behalf of my province, I would say that so many Albertans, sometimes undeservedly and politically, get cast as not caring about the environment. Nothing could be further from the truth. There are so many Albertans who utterly respect our natural heritage and also want to ensure that we have a strong, sound approach to addressing climate change that actually reduces greenhouse gas emissions, ensures economic growth and addresses the fact that we are in an affordability crisis.
The government, to date, in spite of having spent billions of dollars, has really failed to provide Canadians with a lot of affordable, readily available substitute goods for high-carbon consumer products and practices. At the same time, it has also has failed to address the issue of energy security in Canada.
Going back to the principle of a right to a healthy environment, how the government has approached it and where the bill is at right now with regard to the amendment phase, in terms of how Canada has approached legislating a right to a healthy environment, I do not think it is fair to say that, collectively, across political stripes of various forms of government, Canada has not done that in the past. I would argue, hopefully from a non-partisan perspective, that Canada has some of the strictest environmental protection laws in the world, across a collection of legislation, including the Transportation Act, CEPA, and, at the provincial level, through our environmental assessment review processes of major natural resource projects.
I could go on, but the reality is that we do have a legislative framework that reflects those principles of how we use land and how we assess projects in terms of their impact on the environment. The bill that we are discussing tonight, on CEPA, would also do that. However, my concern is that the government, in this phase of the bill, has actually not defined how it is planning on looking at this term within the context of the bill. Also, with the current status of the bill, it is going to take that process behind closed doors in some sort of framework development process that is not outlined in the bill.
I really am concerned about several things. First of all, we do not know the sufficiency of what this measure is supposed to do. We really do not have any way of evaluating that, number one, and other colleagues of all political stripes have actually raised that as a concern in the House. So that is a big deficiency with the bill right now. Second, because that is not defined, there are very significant concerns that have already been raised in debate, and that I want to echo on behalf of my province, about how this could infringe upon provincial jurisdiction.
If this bill does proceed to the next phase, the onus is on the government, rather than to just take this process behind closed doors with a very narrow set of stakeholders who might have the minister's ear or the department's ear, to really open that up and particularly lean on provinces to have input into this process. There also need to be stakeholders from civil society, from industry and also, importantly, from first nations groups, indigenous persons who have traditional knowledge that needs to be imported into this process. I am very uncomfortable with how the government has attempted to address this issue. It feels like it is just checking a box without actually putting any meat in here for us to debate. We might have different opinions on that, but I hope that all my colleagues would agree that how this term is laid out in the bill right now is not sufficient.
Third or fourth, I am not sure where I am at as there are so many concerns on this provision, I am also concerned that, because the government has not provided clarity on this, we are adding essentially another barrier to either investment or environmental mitigation measures by not providing that clarity. The government should have put some sort of principle in here about whether it foresaw the enforcement of a right to a healthy environment, in the context of the bill, as an administrative function or as a function of the judiciary. What I mean is that it should have given some sort of hint about whether this framework it was providing could have included, for example, a privative clause. That is something that we should have been debating in the House, and now what the government is saying is “No, no, we are just going to put that behind closed doors.”
Some of my colleagues might disagree with me on whether enforcement should be administrative or whether it should be in the judiciary, but, again, because we do not have that clarity, I want to just put on the record what I think, on behalf of my province, about how this should be administered. I really think that, without clarity on how this is going to be enforced, we now are opening ourselves up, as a country, to what could be vexatious complaints on the enforcement of this right. Just as a colloquial example, and it might not be exactly in this context, but let us say that someone has a bonfire in their backyard and neighbours get a little cheesed at them. They complain, saying that they have a right to a healthy environment. Now they are suing the municipality on the bylaws.
What I am trying to say is that the way it is written, with the lack of clarity, could have major impacts on housing strategies. I could see this being used to protest, like NIMBY. People might say that they have a right to a healthy environment, so they do not want a certain tree cut down or they do not want a backyard filled in with a multiplex. The same goes for roads or, also, carbon-mitigating infrastructure, such as public transit projects, which, just for the record, I would like to have more of in my riding as well.
I am very concerned that the government has not put more details and more meat in here on the context, on how it plans to enforce this and also on its consultation process. What we have seen with the government is that things like this just sort of disappear into the bureaucracy, where people and stakeholder groups that have privileged access end up pulling this out of a democratic process. What that does is disenfranchise the provinces, and it also disenfranchises, I think, first nations persons as well. We cannot be talking about the right to a healthy environment without enshrining that principle of first nations knowledge in this particular principle. Should the bill proceed, these are principles that have to be embedded in the consultation process, and the government has an onus to report back to Parliament on how it is doing this. It can certainly rest assured that we will be holding it to account on that.
I will close my time with this, just to emphasize and bookend what I said at the front end: My province cares deeply about the environment. She is coming to the end of her term in public service, but I would like to congratulate Alberta's environment minister, Sonya Savage, who, I think, has cross-partisan support. She has a storied and long history of understanding the nuances between natural resource development and environmental protection. She delivered a very strong net-zero commitment for climate change in Alberta and also recognizes the Alberta context in which that was built out, which is that we are industry-heavy with our emissions, and that industry has to be brought to the table in a stage-gated approach, so that we are not just looking at hope on targets but actually putting a plan together to achieve those targets. I want to congratulate her as I close my speech tonight.
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- May/15/23 6:18:03 p.m.
- Watch
- Re: Bill S-5
Madam Speaker, I appreciate my colleague's response. I also think he would understand that, when I hear from the government “Do not worry; just trust us”, I am not so sure about that.
Also, the reality is that we do have a very important issue facing our country, which is climate change. The Liberal government has failed to meet its targets. It has failed to provide the type of infrastructure, for example, for my riding that could get cars off the road, provide those substitute goods for high-carbon consumer products and practices, and actually have a productive working relationship with provinces and understand that fighting on this constantly is not building a collaborative relationship. All I ask is that, if the bill proceeds, the government really enshrine that principle of working with the provinces, respecting jurisdiction and ensuring that there is transparency, particularly in the enforcement mechanism.
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- May/15/23 6:20:27 p.m.
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- Re: Bill S-5
Madam Speaker, first of all, I would never defend the Liberal government, just to be very clear to my colleague. We agree that there has to be some change there.
The reality is that Canada is a large country that is natural-resource-intensive in terms of its economic output. It is cold here. We do not have the substitute goods that we need, in the Canadian context, to lower the price elasticity of carbon. The government could tax carbon all it wants and it could set targets, picked out of the air, but until it actually, fundamentally solves the question of price elasticity in the Canadian economic and social context, while keeping affordability sound, we are not going to achieve those targets. That is what the government should be focusing on.
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- May/15/23 6:22:12 p.m.
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- Re: Bill S-5
Madam Speaker, just to re-emphasize the point I tried to make in my speech, the government has not included any sort of clarity with this provision, either on scope or on enforceability. It is really unfortunate. It is a missed opportunity, particularly now that we are in report stage. The government needs to fix that.
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