Bill C-311 (Historical)

Climate Change Accountability Act

An Act to ensure Canada assumes its responsibilities in preventing dangerous climate change

The purpose of this enactment is to ensure that
Canada meets its global climate change obligations
under the United Nations Framework Convention
on Climate Change by committing to a long-term
target to reduce Canadian greenhouse gas emissions
to a level that is 80% below the 1990 level by
the year 2050, and by establishing interim targets for the
period 2015 to 2045. It creates an obligation on
the Commissioner of the Environment and Sustainable
Development to review proposed measures to meet the
targets and submit a report to Parliament.
It also sets out the duties of the National Round Table on the Environment and the Economy.

The Environment

[David Christopherson, NDP, Hamilton Centre, ON]

Mr. Speaker, this week we have seen the government use an unelected, undemocratic body to override the democratic will of the Canadian people.

Bill C-311 was passed in the House by a majority of members representing a majority of Canadians. The country then witnessed the indignity of seeing it killed by the unelected, unaccountable members of that other place.

Will the government agree to a new bill to be passed at all stages that sets hard, accountable targets for pollution reduction so the majority position of Canadians will also be heard at Cancun?

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, the government's actions on climate change, or inactions, are undemocratic, short-sighted and out of touch. Canadians are contacting me, shocked by the Prime Minister's use of the Senate to kill Bill C-311. They are saying that the Conservatives have betrayed future generations on climate change.

Today's poll shows a majority of Canadians, including 87% of Conservative supporters, believe we have a moral responsibility to lead on reducing greenhouse gas initiatives.

With Cancun just around the corner, will the government respond to the will of Canadians and deliver on climate change?

[Stephen Harper, Conservative, Prime Minister]

Mr. Speaker, Conservatives have been very consistent and very clear in their opposition to Bill C-311, a completely irresponsible bill. It sets irresponsible targets, does not lay out any measure of achieving them, other than by shutting down sections of the Canadian economy and throwing hundreds of thousands and possibly millions of people out of work.

Of course, we will never support such legislation.

Federal Sustainable Development Act

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am very pleased to speak today to Bill S-210. It is a bill, as we were saying earlier, that originated in the Senate, was introduced in the Senate, and is today being studied in this House.

This bill is quite simple. It amends two acts, the Federal Sustainable Development Act and the Auditor General Act. It makes two amendments, including one that simply would have the commissioner table reports not only in the House of Commons but also in the Senate. That is the first amendment in the bill we are studying today.

The second amendment would give the Commissioner of Environment and Sustainable Development the possibility of tabling reports more than once a year on the progress made by the government in matters of the environment and sustainable development.

We will support this bill. Why? Because these amendments are quite simple. This is part of what we might call a new environmental governance that leaves more room for independence and assessment. Why? Because Canada has given itself a number of tools and instruments in the past few years.

For example, Canada now has environmental indicators it can use to assess the government's progress in a number of sectors from water to forestry. These tools are available to us.

We have to ensure that there is more accountability and more independent auditing, and that the commissioner can play an increasingly significant role.

I remember when a sustainable development bill was passed a few years ago. It was a Liberal member, John Godfrey, who introduced the initiative. He received the support of all political parties, with a few amendments of course. Why? Because it was high time we responded to all of the big international summits, all of the Earth summits from Johannesburg to Rio, by coming up with a sustainable development strategy.

However, a few months ago, after the government decided to respond to the passing of the bill, we realized that it had introduced its own sustainable development strategy. A close look at that strategy reveals that it contains no quantitative or numerical targets that would make it possible to really assess the government's progress. It does contain targets, but they are not clear and quantitative targets. They are just qualitative targets.

We have to give the auditor more tools to assess sustainable development progress.

This is not the first time we have wanted the Commissioner of the Environment to pay a larger part in various laws. Among others, I am thinking of Bill C-288, which was introduced by the member for Honoré-Mercier. That was a bill to implement the Kyoto accord and to get the Commissioner of the Environment involved. There was also Bill C-311, the climate change bill, which was a response given at the end of the Kyoto accord and an attempt to follow up on it.

Once again, parliamentarians tried to give the commissioner more tools to assess the government's progress.

This is important, because the Commissioner of the Environment has already looked at how the government carries out and applies its sustainable development policy.

I remember a report from the Commissioner of the Environment, when the government was examining the application of the strategic environmental assessment as part of its sustainable development policy. There is a directive from the Prime Minister's Office, dating back to 1994, which requires all departments to carry out impact assessments. Those are what we refer to as strategic environmental assessments.

These ensure that all departments' three Ps—policies, plans and programs—are consistent with sustainable development. Each policy, plan and program must be assessed by the department, looking not only at sustainable development, but also at environmental protection and social development.

What did the Commissioner of the Environment observe a few years ago? I remember the title of one of the chapters from the commissioner's report. It had to do with assessing the application of sustainable development within the Department of Finance. Talking about strategic environmental assessments, the commissioner at the time, Johanne Gélinas, titled the chapter, “Greening the tax system: Finance Canada dragging its feet”. If there is one fundamental department within a government, it is the finance department. And the tabling of the budget is a crucial time for parliamentarians, because the budget makes it possible to guide policies and utilize the tax system to bring about social and environmental governance.

What the commissioner basically indicated was that the Department of Finance was not applying the strategic environmental assessment to its policies, programs and plans. What are the consequences? The Canadian government tells us that it is important to protect the environment and reduce greenhouse gas emissions. However, at the same time, the finance minister provides tax breaks to the oil industry. On the one hand, the government says we must protect the environment, reduce greenhouse gas emissions and fight climate change but, on the other, it uses an available tool, taxation, to give breaks such as depreciation deductions to an industry that is a major contributor to increased greenhouse gas emissions.

Had the Department of Finance respected the 1994 directive from the Prime Minister's Office requiring the Department of Finance to conduct an environmental assessment of its policies, governance would probably be quite different.

That is why we have to give the Commissioner of the Environment a bigger role to play. We have to make sure that we really get independent audits, independent being the operative word because that is what will be used to guide all sectors in Canadian and Quebec society. I am talking about independent audits, but also independence for the media and scientists. The point is that we have to make sure policy is not influenced by vested interests.

That is why we have to amend the Sustainable Development Act to give the commissioner more powers, and at the same time, the government has to be aware that when the so-called environmental watchdog sends out clear messages and strongly recommends that the government do something different, the government has to listen. The more reports the Commissioner of the Environment produces, the better governance will be, as long as this government decides to listen to independent advice and respect the people's wishes to build a sustainable society for the future.

The Environment

[Mark Warawa, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, what has the NDP proposed? Bill C-311, a publicity stunt on climate change, would drive Canada back into recession and isolate Canada internationally.

We are working with the Obama administration. We are working with our international partners. We are moving forward and are already seeing positive results. We have a cleaner environment, emissions are going down and we have more jobs in Canada. What do those members not understand about that?

[Mark Warawa, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, what are the facts? The facts are that for the first time in Canada, under this government, greenhouse gas emissions have stabilized and are going down. How much are they going down? They are going down by 2.1%. What happened under the previous Liberal government? The Liberals signed Kyoto and emissions skyrocketed to 26% above their commitments.

Now the opposition is pushing the NDP's Bill C-311 publicity stunt, which would throw Canada back into recession.

They did not get it done. We are getting it done.

[Bruce Hyer, NDP, Thunder Bay—Superior North, ON]

Mr. Speaker, I have two petitions to table. The first petition is on clean air and clean energy.

I am presenting this petition on behalf of the residents of Thunder Bay—Superior North who support clean air and clean energy. These petitioners want the government to do the following things: First, make the necessary investments in renewable energy to ensure we reduce our greenhouse gas pollution. Toward that end, they want to restore the valuable eco-energy program which the Conservatives cancelled on one day's notice. They want us to stop using taxpayer dollars to subsidize the oil and gas industry. They want us to legislate tougher fuel efficiency standards for vehicles and caps for big polluters. They want the House to support Bill C-311, Climate Change Accountability Act, which has now passed three readings in the House.

Canadian Environmental Bill of Rights

[Glenn Thibeault, NDP, Sudbury, ON]

Madam Speaker, I am very proud to rise in the House to support a historic federal bill, Bill C-469, An Act to establish a Canadian Environmental Bill of Rights. The bill would give Canadians the legal right to a healthy environment.

National governments across the globe are stepping forward to recognize the right to a healthy environment in their national constitutions. International bodies, regional authorities and local municipalities all over the planet are declaring rights to clean air, clean water and uncontaminated land. Environmental rights are enjoyed in over half the countries of the world, either through international agreement or by provisions of national constitutions.

Despite this global trend, environmental rights remain largely unconfirmed in Canada. The Canadian Charter of Rights and Freedoms does not address environmental protection or environmental health. In light of the momentous vote in favour of Bill C-311, the climate change accountability act last night, now is the time for Canada to step up to the plate.

Environmental rights are recognized by only four provincial and territorial laws: Quebec, Ontario, Northwest Territories and Yukon. I would like to congratulate these provinces and territories for being ahead of the federal government on this issue. In fact, Quebec's environmental quality act has been in place since 1978. The act recognizes the right to a healthy environment and to effective environmental protection. It allows for Quebec residents to seek an injunction or to stop unauthorized activity that is harming the environment.

The bill would create a federal and therefore national-wide framework to recognize and seek to protect the quality and health of the environment essential to human life and dignity. The bill recognizes that it is simply not enough to tell people that the government will protect the environment on their behalf. Instead, it would compel the government to protect the environment and it would give Canadians the ability to hold the government to account, not only at election time but whenever environmental offences occur.

Specifically, Bill C-469 would require the federal government to take action to protect the right of all Canadians to a healthy environment. It would ensure access to environmental information and grant the right for all Canadians to participate in environment-related decisions. It would compel the government to investigate and prosecute environmental offences. It would give all citizens the ability to take the government to court if it failed to enforce environmental laws. It would provide whistleblower protection to employees who reported environmental offences. These rights and duties are already found in the laws of over 130 other countries.

Let me provide the House and Canadians watching some examples. The constitution of Argentina recognizes that all inhabitants enjoy the right to a healthy, balanced environment which is fit for human development so that productive activity satisfy current needs without compromising those of future generations, and have the duty to preserve the environment. Damaging the environment generates the obligation to repair it as a priority in the manner that is established by law.

In 2005 France amended its constitution to include a charter for the environment that recognizes, among other things, a person's right to live in a balanced environment that shows due respect for health.

Most recently Ecuador passed a new constitution that recognizes the individual and community right to a healthy environment as well as direct rights for nature.

Recognizing environmental rights in Canada gives a voice and power to those most vulnerable to the harmful effects of environmental degradation.

For example, the Argentinian court ordered the government to provide drinking water to poor families living along the Suquia River after years of ongoing pollution from a malfunctioning sewage treatment plant. A court in the Philippines has ordered the cleanup of the highly-polluted Manila Harbour based on the constitutional right to a balanced and healthy environment.

There is support from the other opposition parties on this bill, in addition to prominent members of the environmental community who helped author this bill: Ecojustice, the Sierra Club and Friends of the Earth. Let us review what these environmental champions have to say about this legislation.

Margot Venton, an Ecojustice lawyer who played an instrumental role in this legislation, stated:

We are calling on our political leaders to rise above the gridlock of a minority government to embrace this transformative piece of legislation. Passing the Canadian Environmental Bill of Rights is both a rare and urgent opportunity for all parties to show political leadership at a time when it is sorely needed.

Jean Langlois, the national campaigns director of the Sierra Club of Canada, stated:

This is a historic opportunity for Parliament. The interests of individual Canadians are compromised when decisions run roughshod over our common natural legacy. Our legal system currently provides limited and costly opportunities for the public to address such injustices. The CEBR [this bill] would finally give all Canadians the tools necessary to protect their environmental rights.

Beatrice Olivastri, CEO of Friends of the Earth Canada, stated:

It’s time that Canada caught up with the rest of the world in recognizing the rights of citizens to a healthy environment. Canadians, everywhere in this country, deserve protection against environmental destruction and its negative impacts on their health.

We must listen and we must show leadership. It is time we caught up with the rest of the world in recognizing the rights of Canadians to a healthy environment.

By voting against Bill C-311 last night, the government again showed its complete disregard for the environment. The government has already weakened the environmental assessment process, silenced scientists who disagree with it and failed to act to protect species at risk. Yesterday, parliamentarians showed they can act when the government will not.

It is vital that we, as representatives of Canadians from coast to coast to coast, work together to act to protect the environment and pass this bill for the future of all Canadians.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I am very pleased to participate in today's debate, which is very important—fundamental even. I would like to thank the member for Edmonton—Strathcona for having introduced Bill C-469.

First of all, we support the underlying principle of the bill. We need to thank and congratulate a number of civil society groups, such as Ecojustice, which the Bloc Québécois leader and I met with over a year ago. The group helped us understand how important it is to have a Canadian environmental bill of rights.

We wholeheartedly support the five principles stated in this bill because we need to make fundamental changes to what I would call governance. We need to move toward a new form of environmental governance. Bill C-469 clearly moves us toward that goal because it incorporates the precautionary principle. This principle was developed in 1972 as part of the Stockholm convention, and it took root in 1992 at the Rio summit. This principle is fundamental. Lacking scientific certainty in various fields of human activity, we must act according to the precautionary principle.

This issue has been incorporated into some legislation. We would like to see it included in even more laws. Several environmental laws include the precautionary principle in their preamble, but we would like to see it in the laws themselves. That would force departments to make decisions about issues such as genetically modified organisms, for example. The precautionary principle is therefore fundamental.

The polluter pays principle triggers an important debate about what I call a green tax system. We have to ensure that every dollar spent is invested in renewable economies. That is not what Canada has done in the past. Since 1970, over $60 billion has been spent on tax breaks for the oil industry, while renewable energy has received just a few hundred million. We need changes to taxation in Canada; we need a green tax system.

If we undertake this change, we would respect the second principle in this bill, which is the polluter pays principle, and encourage true sustainable development. We have some tools at our disposition. For one, we have the strategic environmental assessment, which was passed in the early 1990s and which is a directive in the Prime Minister's Office. In theory, it forces each department to evaluate its plans, policies and programs to ensure that more than just economic issues are taken into consideration. Social and environmental aspects must be considered as well.

The third main principle in the bill is intergenerational equity. How can we guarantee that the resources we use today will also be available for future generations? We cannot make decisions based on a short-term outlook. We have to look at each decision and ensure that it will allow us to ensure a future, and better intergenerational equity as well as environmental justice.

We agree with part 1 of the bill, which says that every citizen has a right to a healthy environment. That is obvious. It is the right to life. It is the right to live in an environment where the air and water are of the highest quality so as to ensure human survival.

This is a fundamental right in part 1 of the bill.

Second, we agree with the principle in part 2 of the bill, which would put in place various mechanisms allowing for legal and civil action against the federal government and entities under its exclusive jurisdiction. I want to emphasize that. We support this bill because we believe that it and the bills of rights would apply to areas under federal jurisdiction. That is one of the reasons we are supporting this bill.

The third principle is the protection of employees. Mechanisms to protect employees are clearly set out in part 3 of this bill, and they are important. Why? Because scientists who become aware of a situation have to be able to tell the public about it when it poses a threat to humankind or the environment. Europe and especially France have what are known as “whistleblowers”. These people, who are sometimes ordinary citizens but more often scientists who work in government and become aware of something that could have a negative impact on the environment and humankind, decide to speak out publicly. We have to ensure that these scientists and ordinary citizens are not fired the next day, because in becoming aware of a situation they would run afoul of a government approach or ideological policy. So scientists are protected. I would hope that part 3 also protects these whistleblowers so that the public can find out about the real state of our environment.

Part 4 of the bill ensures greater independence by subjecting the government's messages and policies to analysis by independent parties. The Auditor General has a greater role to play. We have seen this in three bills: first, Bill C-288 on the application of the Kyoto protocol; second, Bill C-311 which aimed at following through on the Kyoto protocol; and finally, the sustainable development strategy that was adopted and that gives the Auditor General a clear mandate to independently analyze and verify the government's policies.

This is important because this independence is not always a given. We saw this with the instructions given to scientists. As we saw, scientists were not necessarily allowed to speak up. So this is about allowing independence. In a new environmental governance, independence is important. The media, businesses and scientists must all be independent in order to really engage in this new approach towards a real vision of sustainable development and to give scientists a chance.

I am thinking of GMOs in particular. Over the past several years, successive governments have refused to ask the Royal Society of Canada, an association of Canada's best and most eminent scientists, to assess the impact of GMOs on health and the environment. A government that valued independent thought and allowed scientists to do their work would have referred the GMO issue to the Royal Society of Canada for a truly independent analysis.

I will close with a brief quote from Albert Jacquard's latest book, entitled Le compte à rebours a-t-il commencé?, or “Has the countdown begun?”

For ages, humans have lived as though their time would never run out, as though progress would never cease to make the world a better place for us, as though humans would always grow richer, more beautiful and more capable, as though we could create an infinite number of nuclear bombs without ever having to use them, as though we had the right to plunder the planet's riches at will without ever making a dent in an endless supply. Those days are past. We now know that our time is running out and that if we continue to work against ourselves, we may well create a planet on which none of us want to live.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Madam Speaker, I certainly appreciate the efforts of my colleague from Edmonton—Strathcona.

Previously, the New Democratic Party brought forward Bill C-311, which was just going through the process here in the House. At committee, we heard from various experts and witnesses, some of whom said that they produced the costing associated with Bill C-311 through their various reports.

Has the member asked the Parliamentary Budget Officer or any other third party, or any party at all, for a cost analysis of what this proposed bill would cost the taxpayers of Canada?

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, the member, when he was at committee, heard from every scientist and witness who spoke at committee that Bill C-311, or whatever plan, to be successful, had to be done with a continental approach. That is exactly what we are doing. Bill C-311 does not take into account a continental approach.

His constituents also want to know how he is going to vote on the gun registry. He promised his constituents that he was going to cancel the wasteful long-gun registry. Is he going to respect the wishes of and his promise to his constituents, or he is going to--

[Mark Warawa, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, if the NDP really believed in climate change, it would not be supporting this publicity stunt that is called Bill C-311.

The Copenhagen accord represents a major step forward. It is an international climate change dialogue, laying the foundation for a post-2012 international climate change agreement that includes commitments from all the major emitters.

Bill C-311 is out of step with this development. The approach being taken by our major trading partners under the accord, including the commitments being made by our largest trading partner and market, the United States, is in no way reflected in Bill C-311.

Canada is aligning its efforts to address climate change with those of the United States to ensure environmental progress while preserving a competitive Canadian economy. In accordance with this commitment, Canada has identified an economy-wide emissions target of 17% below 2005 levels by 2020. It is only 10 years from now and that is fully aligned with the emission targets of the United States.

We are also aligning our efforts in other areas. For example, we published new proposed regulations for automobile and light trucks that are consistent with the national fuel economy standards announced in the United States. Actions such as these will foster significant technical improvements and will reduce greenhouse gas emissions in a manner which minimizes the burden on Canadian industry. That means jobs.

In contrast, Bill C-311's targets would undermine Canada's competitive position in the North American market, devastate the economic recovery and be divorced from the actions being taken by others under the Copenhagen accord. The bill's 2020 target is too aggressive and enacts policies to achieve that would be fundamentally undermined, devastating the recovery of the Canadian economy.

To put it into perspective, the target of 25% below 1990 levels is equivalent to 39% below 2005 levels. According to the report released by the Pembina Institute and David Suzuki Foundation, GDP costs of up to 3.2% can be expected from adopting Bill C-311. This is a much greater impact than any other developed country that is considering its commitments to climate change.

As currently drafted, Bill C-311 is likely ultra vires under the Constitution, therefore exceeding federal authority.

For these reasons, the government does not support Bill C-311. We are sticking up for Canada, for jobs, and for the environment. Instead we will continue to deploy a full range of instruments to combat climate change.

We are making investments in renewable energy, which the member constantly votes against.

We are using incentives and regulations to accelerate the development and deployment of green technologies, which the member votes against.

We will take every opportunity to engage with our international partners, working toward a global solution to a global problem.

The member needs to stop the publicity stunts and the photo ops, and get serious about fighting climate change. Let us do it internationally. It is a global problem with a global solution. Bill C-311 is not the solution.

[Bruce Hyer, NDP, Thunder Bay—Superior North, ON]

Mr. Speaker, I am grateful for this opportunity to follow up on a question that I posed to the government on its lack of support for Bill C-311, the climate change accountability act.

This bill, the only climate change bill before this House, will now face a final vote here tomorrow evening.

It is a first necessary step on the road to tackling dangerous climate change, what many consider to be the greatest threat confronting our civilization today.

A recent Harris/Decima survey found that two-thirds of Canadians think that climate change is the defining challenge of our times. The same number of Canadians want Canada to adopt ambitious targets, regardless of what many other countries may do. They know that how we safeguard our planet and our future, in the face of climate change, for our children and generations to come, will be the test of our mettle.

The government keeps repeating the deception, the delusion, that it will be too costly to take the needed action. In fact, the parliamentary secretary said as much in his incomplete reply to my question the other day.

However, nothing could be further from the truth. Fiscal prudence tells us that we cannot afford not to take action. Other countries agree. Europe, the U.S., and even China, are all moving quickly to invest in renewable energy technologies and to reduce their greenhouse gas emissions.

Let me quote from a report released today in Washington by the United Steelworkers and Environmental Defence Canada, called “Falling Behind: Canada's Lost Clean Energy Jobs”. It states:

At every opportunity, the Canadian government emphasizes that it is harmonizing its energy and climate policies with the United States. Yet, when it comes to investing in clean energy jobs, Canada does not even come close to matching U.S. efforts.

The study found that the U.S. is investing at least eight times more per capita than this government is in energy efficiency, public transit and renewable power. It is estimated that we are losing out on 66,000 jobs because we are so far behind.

In fact, the current government has recently shut down the eco-energy programs for renewable power and green home retrofits.

Here is just one example of the impacts of these cancellations. The ground source heating industry in this country, a fledgling industry, has had its knees cut out from underneath it. Homeowners who installed ground source heat pump systems cut their energy use by 40% to 60%, but needed the eco-energy program to help with the initial installation costs, which will not be available now.

Now that the eco-energy program has been stopped, installations of this energy-conserving technology have already plummeted. This is moving in the opposite direction of where we should be going.

The climate crisis we face has become urgent. We are approaching the eleventh hour.

I would like to quote a parliamentarian from history whose country faced no less of a threat:

The era of procrastination, of half-measure of soothing and baffling expedients, of delays, is coming to its close. In its place we are entering a period of consequences

Just like when Winston Churchill spoke those prophetic words in the 1930s, our time for debate is drawing to a close.

My question is simple. Since the Conservative government has not tabled any serious proposals of its own, will any Conservative parliamentarians show the courage and the vision to support Bill C-311 becoming law before more precious time is lost?

Climate Change Accountability Bill

[Olivia Chow, NDP, Trinity—Spadina, ON]

Mr. Speaker, the second petition is from constituents who support NDP Bill C-311, the climate change accountability act. They want mandatory fuel efficiency standards for vehicles, a hard cap on big polluters like the coal-fired electricity plants and oil sands projects and developments, and an end to tax subsidies on big oil and gas companies. They want to use the funds to invest in renewable energy and green technologies.

Jobs and Economic Growth Act

[Niki Ashton, NDP, Churchill, MB]

Madam Speaker, I believe that the environmental piece in this budget, which is fundamentally one of the hidden poison pills, is in fact one of the most disturbing.

Our party has done a great deal to provide leadership through Bill C-311 and truly to guide the government into regaining some credibility when it comes to the environment. Unfortunately, we have not seen it do so. It was embarrassing that we went to Copenhagen in the way we did. Quite frankly, the state in which the rest of the world views Canada when it comes to the environment is embarrassing.

As a young Canadian and somebody who grew up in a school system that talked about the need for the next generation to care, become involved and be environmentally conscious, this is not the kind of Canada we would imagine. This is not the kind of Canada that most young Canadians view. By and large, it is young people who are increasingly very concerned about the environment. We have seen different displays of that concern. The Conservative government is letting down Canada's next generation.