Mr. Speaker, I rise to address the House on the second reading of Bill C-474, the proposed National Sustainable Development Act.

As my colleagues have stated, and as this Government recently laid out in the Speech from the Throne, this Government is clearly committed to improving environmental sustainability.

We are implementing an ambitious plan to cut greenhouse gases and air pollution. For the first time ever, our Government will be regulating the big industrial polluters.

Among other measures, this Government has taken action to protect water quality, including tough new regulations against the dumping of raw sewage and improving raw sewage treatment in municipalities and first nation communities across Canada. And we are expanding our capacity to enforce our environmental laws.
We know that protecting and sustaining our natural environment is central to the quality of life of this country, to our prosperity, and to the health and well-being of all Canadians.

We have also been clear about our commitment to greater accountability in advancing sustainable development. When Minister Ambrose tabled the fourth round of sustainable development strategies in December 2007, she stated the need to take action, to address the inaction of previous governments, and to ensure that Canada becomes a leader in sustainable development.

Mr. Speaker, we already have the tools to do the job – for Canada to become a leader in sustainable development. This country is one of the very few nations in the world that has enshrined sustainable development in legislation.

The Auditor General Act ensures that federal departments and agencies take action to advance sustainable development within their mandate. Each of those departments and agencies reports annually on their progress to Parliament.

The Auditor General Act also ensures that federal progress on the environment and sustainable development is monitored by the Office of the Commissioner of the Environment and Sustainable Development.

Over the past ten years, the Commissioner’s reports have offered constructive criticism on governments’ progress on sustainable development strategies. According to the Reports, what has been lacking by past governments is action.

But let me tell you Mr. Speaker that will change.

Based on the Commissioner’s most recent report, this Government has committed to undertake a thorough review of the current approach in order to achieve major improvements in sustainable development strategies.

The Commissioner is pleased with our commitment, and we have agreed to complete our government-wide review by October 2008.

Mr. Speaker, Bill C-474, the proposed Act before us today, does not create a more effective tool and is problematic for a number of reasons.

For example, Bill C-474 proposes to establish a role for the Office of the Commissioner of the Environment and Sustainable Development that is both unworkable and unnecessary. Let me outline a few of these issues:

Bill C-474 extends the authorities of the Commissioner to that of both advocacy and audit – a clearly unworkable situation.

The proposed Bill, for example, states that the Commissioner shall “provide advice and monitor progress in achieving sustainable development” (section 13 (4)(c)).

It is very difficult to be viewed as a non-partisan body if you both advise on policy and then subsequently audit its implementation – such a body would be open to accusations of bias given that you would be auditing what you helped to create.

Indeed, in their recently released report, the Green Ribbon Panel established by the Auditor General carefully circumscribed what the Commissioner of the Environment and Sustainable Development should advocate about.
They warned against an advocacy role related to policy but supported advocacy on best practices and environmental management.

This is an issue understood by the Office of the Auditor General. Their performance manual (2004) states: “Special care is required when audit findings touch on government policy.
As officers of Parliament, we do not want to be seen to be second-guessing the intentions of Parliament when it approves legislation or of Cabinet when it selects a certain policy direction.”

Bill C-474 extends the authority of the Commissioner beyond that of federal jurisdiction to that of assessing the state of the environment by province and of reporting, annually, on provincial performance in meeting sustainable development goals, relative to the performance of other industrialized countries.

This is just the kind of interference in the jurisdiction of provinces and territories that has caused innumerable wrangles in the past and one to which we cannot and should not be party.

Bill C-474 proposes the creation of a Commissioner of the Environment and Sustainable Development and such governance bodies as a Cabinet Committee, Secretariat, and Advisory Council – the creation of a Cabinet Committee is clearly the prerogative of the Prime Minister.

The creation of a Commissioner of the Environment and Sustainable Development, a Secretariat and an Advisory Council would require the Government to spend money and therefore, Royal Recommendation would be required. These issues clearly require further study.

Bill C-474 unnecessarily deepens the authority of the Commissioner with respect to the current petitions process – petitions are letters sent by Canadians to the Auditor General as a way to present their environmental concerns and questions to specific minister of the federal government.
Ministers are required to respond in writing within 120 days.

The Commissioner concluded in his 2007 Report that, on balance, the petitions process is a good news story. He noted: “Our retrospective study shows that petitioners value the process, which provides a forum for voicing their concerns and assures them of a formal response".

The Commissioner also flagged that the volume and complexity of petitions has increased significantly in recent years. The current approach to petitions, according to the Commissioner himself, is working well. Let’s spend our efforts on what really does need attention.

Mr. Speaker, we are currently taking steps to ensure that implementation of sustainable development is strengthened across the federal government.

As I mentioned, a management review is currently underway that will draw on a decade of experience with the current approach and best practices internationally, and that will identify clear means to improve the current approach.

In addition, this Government has already taken steps to ensure greater departmental accountability for the strategy process. The Federal Accountability Act ensures that Deputy Ministers are responsible before Parliament for their management responsibilities – and that includes departmental commitments to sustainable development.

Mr. Speaker, we already have the legislative and regulatory authority to strengthen the sustainable development strategy process – and to ensure accountability to Canadians.

Thank you.