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Decentralized Democracy

House Hansard - 308

44th Parl. 1st Sess.
May 3, 2024 10:00AM
Context: House Hansard - 308 - May/3/24
Mr. Adam van Koeverden (Milton, Lib.)
  • May/3/24 11:01:06 a.m.
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Mr. Speaker, Canada is home to a quarter of the earth's wetlands, temperate rainforests and boreal forests, 20% of the world's fresh water and the longest coastline in the world. We have precious habitats for birds, fish and mammals. We have a special responsibility to the world, and we are doing our part. It is nature week, so I met with organizations focused on our shared commitment to protect and preserve our greatest natural resource. I offer a big thanks to Nature Canada and the Bruce Trail Conservancy for championing the cause of nature conservation. The Bruce Trail Conservancy is securing and conserving Niagara Escarpment lands, including territory in my riding of Milton, with a five-year, $5-million grant and beautiful new trails in Lowville. Additionally, Parks Canada's contribution of over $3.5 million to Conservation Halton for the Cootes to Escarpment EcoPark System showcases our dedication to creating interconnected green spaces. Through budget 2024, we are also investing in Canada's new national parks to preserve them and create three new parks in B.C., P.E.I. and Windsor, Ontario. With Canada's pledge to conserve 30% of our lands and waters by 2030 and with $2.5 billion in new funding to combat nature loss, Canada remains unwavering in our commitment to safeguarding our precious ecosystems for generations to come.
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Context: House Hansard - 308 - May/3/24
Ms. Monique Pauzé (Repentigny, BQ)
Mr. Speaker, I am pleased to speak to Bill C-375, introduced by the member for Louis-Saint-Laurent, who is one of my colleagues on the Standing Committee on Environment and Sustainable Development. Despite the rhetoric from the member for Niagara Centre, we in the Bloc Québécois see this bill as useful. It aims to improve coordination between the federal government and the governments of Quebec and the provinces by promoting their autonomy when it comes to environmental protection. The purpose of Bill C-375 is to amend the Impact Assessment Act so that, in certain cases, the federal impact assessment process does not apply to a designated project. More specifically, it would substitute the federal process with the provincial one in the case of designated projects. I will give an example later. This would be done in a way that fully respects the rights of the province. This is not about exempting any project from environmental assessment. In any case, that is our analysis. Without going into too much detail, I will touch on some of the conditions that must be met and are set out in the bill. Designated projects must be the subject of a written agreement between the minister responsible, the Minister of Environment and the government of a province. The process must also “identify mitigation measures for the adverse effects of the projects”. The bill also provides for public consultation, as well as ways to break the agreement, based on specific mechanisms. There are other elements in the bill. From the outset, it must be acknowledged that the Impact Assessment Act is not trivial. It is anything but trivial. This is therefore our opportunity to ensure that the provisions set out in Bill C-375 provide the proper framework for the process of non-application of the Impact Assessment Act. It must also ensure that the rights and prerogatives of each level of government are fully respected. The committee will have to begin by clearly sorting out what distinguishes the proposed amendments to Bill C-375 from the provisions that already exist in the act concerning the exemption from an impact assessment or its delegation to a provincial government. In addition to the questions and necessary verifications on this aspect of the bill, which the committee's study will give us additional guidance on, the Bloc Québécois has three reasons for supporting the bill before us. We are pushing to have all projects, including those under federal jurisdiction, respect the laws of Quebec, as well as the municipal rules of towns in Quebec. Secondly, in Quebec, as we know, when they are conducted, the environmental assessment processes are more rigorous and better tailored to public expectations than the federal process. We feel that in a Quebec context, an environmental assessment could never be less rigorous than its federal counterpart. More rigorous assessments mean that we can better protect the environment and, consequently, better meet the needs and social aspirations of all Quebeckers. Finally, we need to avoid absurd situations. I have an example. Some projects undergo an impact assessment under federal legislation when they have already been rejected in a Quebec decision following a Quebec-led environmental assessment. The best example is the GNL Québec project. Quebec said it was over, it was settled and it was a no. The federal government then barged in and said it would do a little impact assessment. Could Bill C‑375 really protect Quebec from this type of decision? It remains to be seen. We will discuss it in committee. When it comes to the environment, there is an important point that bears repeating. It has to do with the constitutional issue of jurisdictions and shared jurisdictions. Those jurisdictions are unclear when it comes to the environment. First, we can all agree that any government must take responsibility and meet certain obligations, and that environmental protection is one of them. With that in mind, the Bloc Québécois is proposing that the Government of Canada take action in that regard, while being very careful never to act in a way that would contravene Quebec's environmental laws and policies. The problem is that the federal government has assumed the right to circumvent Quebec's laws for activities that fall under its jurisdiction. Some activities and infrastructure are only partly covered by Quebec laws because they fall under federal jurisdiction. We could mention for example wharves, ports, airports, telecommunications infrastructure, federal properties and so on. That hurts Quebec. We demand that the federal government respect the laws of Quebec when it comes to federal activities and federal projects throughout Quebec. In so doing, we are defending what is known as Quebec's environmental sovereignty, in accordance with the unanimously expressed will of the Quebec National Assembly. More than two years ago, on April 13, 2022, to be precise, elected officials from all political parties represented in the Quebec National Assembly unanimously adopted a motion asserting the primacy of Quebec's jurisdiction in matters of the environment and opposing any intervention by the federal government in matters of the environment on Quebec territory. That is the definition of Quebec's environmental sovereignty. In 2018, I introduced a bill along the same lines in the House. The Conservatives and Liberals voted against it. I dare to hope that now, at least, the official opposition party will agree with our amendments. I am going to talk about the port of Quebec and use it as an example of what I was saying earlier. Ports are under federal jurisdiction. The port of Quebec is emitting dust that is settling on the Limoilou neighbourhood. At one time, it was called the red dust on Limoilou, and it contained all kinds of things that my colleagues would not want to breathe. When the inspectors responsible for enforcing Quebec's environmental law visited the port to perform an inspection, they were told that it was federal land and that they had no business going there. That is the kind of decision we are challenging. That is the kind of problem we want to solve. The Bloc Québécois's solution is the only one that would allow Quebec's environmental protection and land-use planning laws to apply throughout Quebec. We know the federal government is good at patting itself on the back and congratulating itself on its environmental actions, but at the end of the day, it is vital to recognize that regulations and legislation, which are the preferred tools for advancing environmental protection, must be respected. Too often, the federal government says one thing and does the opposite. I could give some examples, but I do not think I will have the time, which is too bad. Perfection is not their forte, but one thing is clear: Canada has no business dictating to us or lecturing us on how to protect the environment. Quebec's legislation on environmental policy is far more stringent than Canada's. Quebec's Environment Quality Act, which has been in force since March 2018, is the primary environmental protection law in Quebec. It enables Quebec to move forward responsibly for everyone's benefit by creating a modern, clear, predictable, optimized environmental approval system that meets the highest environmental protection standards. In addition to being accompanied by other, more specific legislative measures, our law “makes it an offence to impair the quality of the environment or to emit pollutants or contaminants”. What is more, this legislation: provides recourse to residents affected by any offence that compromises the quality of the environment, its protection and the protection of living species; requires that an environmental impact assessment be conducted to carry out an activity that could present a high risk to the environment; creates a special access to information regime; governs projects or activities that could have an impact on wetlands and bodies of water; and provides criminal penalties for individuals who contravene the law. I think that everyone will agree that that is fairly comprehensive. The use, planning, development and protection of land all fall under the responsibility of Quebec's regulatory authorities and its municipalities. The same goes for the other provinces of Canada. The Bloc Québécois notes that the bill before us is perhaps a bit narrow in scope. We think that there are some provisions missing. We welcome the process that will follow, but we certainly have no illusions about its potential to get the federal government to respect the laws that are in the best interests of Quebec and the provinces. In closing, such an objective, that of respecting our jurisdictions, would be a true sign of enlightenment coming from a state that is always trying to infringe on our jurisdictions with no regard for its own Constitution.
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