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House Hansard - 121

44th Parl. 1st Sess.
October 31, 2022 11:00AM
Context: House Hansard - 121 - Oct/31/22
Mr. Tom Kmiec (Calgary Shepard, CPC)
  • Oct/31/22 12:14:40 p.m.
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  • Re: Bill S-5 
Madam Speaker, what a great privilege it is always to rise on behalf of my constituents. It is just too bad I missed my opportunity to be recognized to speak for a 20-minute slot now that we have moved past the first five hours of debate. It is always a privilege to be speaking on behalf of my constituents and rising to share some of their views. On this legislation, it is a bit more difficult. It is an act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act, which then reminds me of a Yiddish proverb. I will save members the Yiddish pronunciation, but it is that a man studies until he is 70 and he dies a fool. I am always gratified to learn of new things that I do not know. Oftentimes, as parliamentarians, we need to be reminded how much we do not know both by our constituents, but also by reviewing legislation such as this. If they had asked me before I was first elected back in 2015 if this type of legislation was on the books, I would have said I did not know. Therefore, I want to offer up a bit of history on how we have come to this point where we are modernizing this act. From the outset, while I do have quite a bit of concern with the contents of the legislation, different parts of it and how we have come to this point, I will be supporting it. The Yiddish proverb is a reminder that there is always more to learn and I am always learning more about what the legislation says. One key that I have heard from constituents in the past is about beauty products. I have a lot of constituents in my riding who are entrepreneurs and they run smaller, unique-product companies. They were specifically worried about toxic substances. Toxicity, of course, is primarily based around how much of the substance there actually is, and we should keep that in mind. This legislation would split the list of toxic substances into two schedules: one with the highest risk to health and environment; and two, lower risk but still regulated. Some of the other things the legislation proposes to do is mostly to reduce red tape. A lot of different stakeholder organizations and industry sectors are quite supportive of this. They would have less paperwork to fill out. It would be a more streamlined process. Again, reducing redundancies and unnecessary red tape, or paperasse as they call it in French, is necessary. Especially nowadays when people have so much opportunity to use digital methods of delivering services and informing government regulators, it is an opportunity to do that. With respect to the process of how we got here, it has taken five years for the government to get to the point where it is offering up these modernizations in Bill S-5. This government legislation came through the Senate, which is the complete reverse of how this place is supposed to work. The House of Commons is supposed to consider legislation and send it to that other place, the Senate, to then do sober second thought. Now we are doing the complete reverse. Bill S-5 should have come to us as government legislation from the government benches so we could consider it here first. Because that work was not done in the House of Commons, the senators did it. They passed 24 amendments, and I have concerns with many of those amendments. The legislation would be made worse through these amendments. If we amend Bill S-5, it would go back to the Senate for reconsideration, and it will go back and forth. During this debate, I have heard several government caucus members say that they want to expedite this bill. They are worried that the bill is not going through the process fast enough. Of course, any one of us here is allowed to rise on behalf of our constituents and try to catch your eye, Madam Speaker, to speak to the legislation on behalf of our constituents. After five years of waiting to get to the point where the Liberals are and then claiming that it needs to be expedited, knowing full well that a single amendment passed at the environment committee or at report stage by the House would send the bill back to the Senate, is a dishonest way of going about the debate. With respect to claiming that opposition parties are delaying it, debate is not delaying. Debate is careful consideration of government legislation. There are many amendments with which I have problems. Maybe I will spend just a bit of time on the preamble question, because it has been crowed about quite a bit by government caucus members that a right to the environment is being inserted into law. Some opposition members outside the Conservative Party have mentioned the fact that it is not an actual right to have a healthy environment. In fact, that portion in the modernization of the act is being inserted in the preamble. During his intervention on this legislation, the member for Dufferin—Caledon reminded the House that when it is in the preamble, it is often not considered by justices, by judges, if a matter comes before the court. Placing it is in the preamble essentially means that it is just something one reads ahead of time, but it is not the substance of the legislation. The government's claim, after five years of this “consultocracy” that it has set up, is that we now we have to expedite it through the House of Commons and quickly get it to committee. Then at committee, I am sure the members will say the same thing, that they need to get it quickly through committee in order to get it back to the House to be considered, and probably with no amendments. We saw that the Senate had a substantial amount of amendments to the legislation. However, it has been moving at a glacial speed, and it is not the job of the House of Commons to act like a slot machine. We do not just roll in government legislation, either from the Senate or the floor of the House, and then expect members to say yes to everything and pass it on to the next stage. There are members here who can weigh-in on the legislation. There are Conservatives members who are professional engineers, such as the member for Sarnia—Lambton. She has expertise in this material and she can share that with the House. There are members who were, in their previous lives, builders. There are members who, in their previous lives, worked for chemical companies. They can all make a contribution here. Also, we come from different ridings where we have major industrial energy projects, major mines being built or are operating, which can provide insight into how legislation like this should function, and that insight should come to the floor of the House of Commons. I will also mention on this preamble component that the Liberals are adding for a healthy environment, which is something that is completely unenforceable. They say they cannot define it further and will need another two years to figure out what it means. Therefore, not only are we being told that we have to rush the legislation through, probably without amendment after the work of the Senate, but that they will take another two years to figure out the substance of the communication on the legislation. Essentially, it is a modernization and reduction of red tap and not actually an environmental piece of legislation. We have seen this before. The carbon tax, for example, is not an environmental plan but a tax plan. Also, the cut on taxes for the middle class actually resulted in every member of Parliament earning a bigger tax cut than a Canadian who was not in a middle income bracket. Actually, anybody earning less than $43,000 got nothing from the government in that tax cut. To get the full tax cut, one had to earn the full $93,000 to be at the top end of that middle-income tax bracket. The Liberals do this all the time. They claim one thing in legislation, which is actually something completely different, and then after many years of consulting, they say that things must be expedited through the House to have the legislation pass. I have seen it happen many times before. I would rate this legislation as a C-, but it has given me an opportunity to go back to my Yiddish proverb. It has also given me an opportunity to look at legislation about which constituents of mine do care. They want a healthy environment. They want to know that toxic substances are being reviewed and considered, and that there is some type of goal post in place for different industries and entrepreneurs to look at before they decide what to put into their products and how they make their products. At the same time, they do not want more years of consulting after the fact. They do not want framework legislation; they want legislation and enforcement that works, that is reasonable and that is not over the top. We are not trying to manage the economy, we are trying to be good stewards of the economy, and legislation like this is trying to reach that point. We always have an opportunity to learn something new, and that was the Yiddish proverb, that a man studies until he is 70 and dies a fool. It is a reminder to all of us that there is always something new to learn. My offering to the Liberals is that they can learn something new through the legislation they are now trying to rush through the House. The 24 amendments they received from senators, and some of them made the legislation worse, is a reminder that legislation should start in this place. They should consult more with the House of Commons and members of Parliament before they bring forward legislation like this. Despite that, I will be supporting the legislation to get it to committee so that, hopefully, we can fix it there and make further amendments, which will then further delay the bill. However, that is not our fault. We are here for the people to ensure we pass legislation that makes sense for them.
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