Mr. Speaker, it is always a challenge to approach a bill of over 400 pages covering 40 different laws and have 10 minutes to try to make my way through it. I appreciate this chance to speak to the bill at second reading. I will of course be watching closely for work at committee and hope that some of the concerns I have about the bill now can be repaired at committee so that I will not have to put forward hundreds of amendments at report stage, which at this point appears likely.
The increasing use of omnibus bills is an affront to democracy. It is not appropriate and while other governments have perhaps trespassed close to the line before and created howls from the members of the opposition of the day, certainly the current Privy Council holds the Olympic world record for monster omnibus bills. No other government has come close.
Here I would like to commend all sides of the House for the fact we were able to split out and deal separately with MP pension reform. Many Canadians were happy to see that work. Perhaps we can do more by co-operating in the future to separate out pieces of bills that do not belong.
What things in this bill do not seem to belong at all in a proper budget bill? I will go quickly through some examples and then delve more deeply into two in particular. I do not think that removing the Hazardous Materials Information Review Commission properly belongs in an omnibus bill. Why are we getting rid of it? It helps provide critical information to business on hazardous materials.
I lament the current government's further deep cuts to research and development credits, specifically the scientific research and experimental development tax credit. If we look at our economy, it is quite true that we have weathered the economic storm better than most nations around the world. We have a better regulated banking system quite frankly, and the current government can take no credit for that. Nonetheless, we did weather the storm better.
Nonetheless, if we look at the indicators of where we are falling behind, one area is productivity and productivity, which relates to R and D. Cutting R and D does not make sense. I am concerned about significant cuts in this omnibus bill to research and experimental development tax credits.
The Windsor-Detroit bridge is highlighted in the bill and many people have waited a long time to see improvements there. We know we have some private sector opposition to it from the other side of the border. It is an extremely bad precedent that the act specifies there will be no environmental assessment and that the following acts will be exempt from the procedures for the Windsor-Detroit bridge: There will be no Fisheries Act review, no involvement of the Species at Risk Act and there will be nothing from the Navigable Waters Protection Act. This precedent, by the way, is opposed by the member of Parliament from Windsor, who himself is a great proponent of getting this project done.
The assumption implicit in discarding legislative review under those acts is that somehow those acts are irrelevant to any project the Conservatives really care about. I am afraid that is the truth about how the government operates, but that does not make it any less lamentable to find this in the legislation.
One piece that I want to take more time to delve into may surprise the House. The bill is supposed to be about jobs and growth. We hear about that all the time. In this connection, I would mention a key economic sector in Canada that we do not hear very much about: tourism. Tourism represents more of Canada's GDP than agriculture, forestry and fisheries combined. It employs nearly 600,000 Canadians, generating nearly $80 billion in economic activity. However, we are losing ground in tourism.
In the year 2002, Canada was rated seventh in the world as a tourist destination among all nations. Guess what? In 2011, we dropped to eighteenth place. We dropped from seventh to eighteenth in just in 9 years. What happened? For one, there are the policies of the current government. One of the first things the Prime Minister did once forming government was to remove the GST credit that foreign visitors used to get. That credit was basically a goodwill gesture. It cost this country almost nothing, because so few people applied for it. However, the Conservatives got rid of it.
Then of course there was the move by the United States to require visitors to Canada and visitors to the U.S. who travel across our borders to have passports. We cannot blame any government for what the United States decides to do, but I think we should have pushed more forcefully against it. That measure has hurt tourism a lot, just as the general climate after 9/11 hurt tourism from the United States. However, we hurt the tourism sector even more in Bill C-38 by changing the rules around seasonal workers to make it harder for seasonal workers to leave employment in an industry such as tourism and be considered reliably available to the employer when the tourist season begins again.
However, now we have this, found on page 270 in division 16 under “immigration and refugee protection”, a whole new regime for tourists. It is little mentioned in debate on the omnibus bill but is for travellers to Canada. Any foreign national coming to Canada would now have to clear an application process in which they would have to answer questions before they planned their vacation. It would create what they call “an electronic travel authorization”, although that is not the language of the act but the language of the technical briefing. In short, there would be an electronic travel authorization.
I have a couple of concerns about this. One is that it would hurt tourism. There is no question about that. When we put in place visa requirements for countries like Mexico and the old Soviet bloc nations, it had an effect on tourism, as anything would that creates a barrier in a competitive tourist market where tourists can decide whether they want to take the train across Canada or a tour down the Rhine by boat. They have choices. If one government says, “We'll see if we'll let you in, fill out this form”, tourists will choose to go somewhere else. This would be a terrible mistake. It would be part of our over-security conscious agenda, that even if people want to visit Canada as tourists, we have the right to put them on a no-fly list to prevent their coming here. I am very concerned about that.
I will turn to the most egregious elements of Bill C-45, the changes to the Navigable Waters Protection Act. I hear my friends on the other side of the House refer to the many complaints about the act because only seasonally navigable water falls under the act. Surely, if that were the nature of the problem, they could deal with it by using a fly swatter. They did not need to bring in the wrecking ball. If that is the problem, get out the fly swatter. What the Conservatives would do under Bill C-45 would be to take on, I think, in the order of 99.5% of all the bodies of water within Canada, excluding our oceans, and remove them from the Navigable Waters Protection Act. They say that the act was never intended to be about navigable waters, that it was only supposed to be about navigation.
Just to go back to some constitutional law for purposes of setting the context, we cannot say with any sense or meaning that this bill was only intended to do thus and such when a bill was passed in 1882 or since 1867, since navigation is a head of power for the federal government. They cannot say that in 1867 the legislators never intended it to apply to the environmental assessment of a massive hydro dam. Of course, they did not. Neither did they intend, as Professor Peter Hogg has pointed out, that undertakings connecting the provinces would include an interprovincial telephone system. It had not been invented yet. Moreover, as Professor Hogg pointed out in one of his constitutional law texts, “[I]t is well established that the general language used to describe the classes of subjects (or heads of power) is not frozen in the sense in which it would have been understood in 1867”. Then he goes on to say, “On the contrary, the words of the Act are to be given a "progressive interpretation", so that they are continuously adapted to new conditions and new ideas”. Or, as a member of the high court, Lord Sankey, ruled in 1930, “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits”.
Therefore, it is entirely absurd to hear the government members continually tell us that the Fisheries Act was only supposed to be about fisheries for all time, not fish; and that the Navigable Waters Protection Act was never about waters, but only about navigation. That is bad in law, it is bad in theory and it is bad public policy. It is also false. These laws have been fundamental to environmental law in Canada.
However, I ask the question: If it is about navigation, why would the Conservatives take a wrecking ball to navigation? In the bill, they have protected lakes in precious cottage country, close to where people live, where they claim there are all the complaints, and eliminated the law for the vast tens of thousands or millions of hectares of Canada where the lakes are not cottage country. They would eliminate the protection on all but 62 rivers and 97 lakes. Who would step up to protect our rights of navigation?
Under constitutional law, no province is allowed to step up and fill the void when the federal government runs from its responsibilities under the Constitution. It is unprecedented in the history of Canada that the federal government would willingly and deliberately remove itself from a field in which it is empowered under our Constitution. It would leave no protection for navigation, no protection for recreational use, no protection for rafting or kayaking and, in the process, would eliminate environmental law for most of Canada's waters.
