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MINUTES OF PROCEEDINGS

Meeting No. 43

Wednesday, October 24, 2001

The Standing Committee on Environment and Sustainable Development met at 3:35 p.m. this day, in Room 371, West Block, the Chair, Charles L. Caccia, presiding.

Members of the Committee present: Roy Bailey, Bernard Bigras, Charles L. Caccia, Paul Forseth, John Herron, Gar Knutson, Karen Kraft Sloan, Rick Laliberte, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer.

Acting Members present: Dick Proctor for Joe Comartin and Dominic LeBlanc for Allan Tonks.

In attendance: From the Library of Parliament: Kristen Douglas and Tim Williams, Research Officers.  From Legislative Services:  Susan Baldwin and Phillipe Méla, Legislative Clerks.

Witnesses: From the Department of Justice Canada: David Near, Legal Counsel, Legal Services. From Environment Canada: Simon Nadeau, Head, Endangered Species Recovery; Ruth Wherry, Director, Species at Risk, Canadian Wildlife Service.

Pursuant to its Order of Reference of Tuesday, March 20, 2001, the Committee resumed consideration of Bill C-5, An Act respecting the protection of wildlife species at risk in Canada (See Minutes of Proceedings, Thursday, March 22, 2001, Meeting No. 6).

The Committee resumed Clause-by-Clause consideration of the Bill.

On Clause 16, as amended,

The witnesses answered questions.

Debate resumed on the amendment of John Herron as follows:

-- That Bill C-5, in Clause 16, be amended by adding after line 6 on page 13 the following:

"(6) Each member of COSEWIC shall exercise his or her discretion in an independent manner."

After debate, the question being put on the amendment, it was adopted.

Clause 16, as amended, carried.

On Clause 17,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 17, be amended by replacing lines 9 to 12 on page 13 with the following:

"servation Council and COSEWIC, establish regulations or guidelines respecting the appointment of members and the carrying out of COSEWIC’s functions."

After debate, the question being put on the amendment, it was adopted.

Clause 17, as amended, carried.

On Clause 18,

Bob Mills moved, -- That Bill C-5, in Clause 18, be amended by replacing lines 14 to 21 on page 13 with the following:

"mittees of specialists, such as are listed in subsection 16(2), to assist in the preparation of and review of status reports on wildlife species considered to be at risk."

After debate, the question being put on the amendment, it was negatived on division.

Karen Redman moved, -- That Bill C-5, in Clause 18, be amended by adding after line 25 on page 13 the following:

“(3) Subject to subsection (2), the chairperson and members of the aboriginal traditional knowledge subcommittee shall be appointed by the Minister after consultation with aboriginal organizations.”

After debate, the question being put on the amendment, it was adopted on division.

Clause 18, as amended, carried.

Clause 19 carried.

On Clause 20,

Bob Mills moved, -- That Bill C-5, in Clause 20, be amended by replacing line 34 on page 13 with the following:

"20. The Minister shall provide COSEWIC"

After debate, the question being put on the amendment, it was adopted on a show of hands:

YEAS:  6

NAYS:  5

John Herron moved, -- That Bill C-5, in Clause 20, be amended by replacing lines 35 to 38 on page 13 with the following:

"with any professional, technical, secretarial, clerical and other assistance, and any facilities and supplies, that are necessary to carry out its functions. Any government personnel performing services for COSEWIC shall take direction from COSEWIC with regards to those duties."

The question being put on the amendment, it was negatived on division.

Clause 20, as amended, carried.

On Clause 21,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 21, be amended by replacing lines 1 to 5 on page 14 with the following:

"(2) The Minister may, on the recommendation of COSEWIC, and after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports, but the regulations must require that status reports
(a) include an assessment of the past and present distribution and population of the wildlife species concerned;
(b) identify the habitat that is important to the species; and
(c) identify existing and potential threats to the species and its critical habitat and evaluate how serious they are."

After debate, the question being put on the amendment, it was negatived on division.

Clause 21 carried.

On Clause 22,

Bob Mills moved, -- That Bill C-5, in Clause 22, be amended by replacing line 9 on page 14 with the following:

"(2) The Minister shall, after consultation"

After debate, the question being put on the amendment, it was negatived on division.

Clause 22 carried.

Clause 23 carried.

Clause 24 carried.

On Clause 25,

Karen Redman moved, -- That Bill C-5, in Clause 25, be amended by adding after line 41 on page 14 the following:

“(3) On receiving a copy of an assessment of the status of a wildlife species from COSEWIC under subsection (1), the Minister must, within 90 days, include in the public registry a report on how the Minister intends to respond to the assessment and, to the extent possible, provide time lines for action.”

After debate, the question being put on the amendment, it was adopted on division.

Clause 25, as amended, carried.

Clause 26 carried.

On Clause 27,

By unanimous consent, Gar Knutson moved, -- That Bill C-5, in Clause 27, be amended by adding after line 20 on page 15 the following:

"(3) Where the Governor in Council has not taken a course of action under subsection (1.1) within 6 months after receiving an assessment of the status of a species by COSEWIC, the Minister shall by regulation amend the List of Wildlife Species at Risk in accordance with COSEWIC's assessment."

After debate, the question being put on the amendment, it was adopted.

The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they are also adopted.

-- That Bill C-5, in Clause 27, be amended by replacing lines 1 to 7 on page 15 with the following:

"27. (1) The List of Wildlife Species at Risk is established in Schedule 1 and sets out extirpated, endangered and threatened species. The Governor in Council may, by regulation, amend the List in accordance with subsections (1.1) and (1.2), and the Minister may, by regulation, amend the List in accordance with subsection (3)."

By unanimous consent, Ms. Redman moved the following sub-amendment to the first amendment which was adopted:

-- That the third line be amended to read:

“endangered, species of special concern and threatened species.  The Governor in”

-- That Bill C-5, in Clause 27, be amended by adding after line 7 on page 15 the following:

"(1.1) Subject to subsection (3), the Governor in Council, within 60 days after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister,
(a) accept the assessment and add the species to the List;
(b) vary the assessment and add the species to the List;
(c) decide not to add the species to the List; or
(d) refer the matter back to COSEWIC for further information or consideration.
(1.2) Where the Governor in Council takes a course of action under paragraph (1.1)(b), (c) or (d), the Minister must include a statement in the public registry setting out the reasons."

By unanimous consent, Ms. Redman moved the following sub-amendment to the second amendment which was adopted:

“-- That 60 days be changed to six months” and that the second last line be changed to read:  Minister shall, after the approval of the Governor in Council, include ..”

Dick Proctor moved, -- That Bill C-5, in Clause 27, be amended by deleting lines 11 and 12 on page 15.

After debate, by unanimous consent, the motion was withdrawn.

John Herron moved, -- That Bill C-5, in Clause 27, be amended by adding after line 20 on page 15 the following:

"(3) To the extent known, the Minister shall notify all directly affected landowners."

After debate, the question being put on the amendment, it was adopted.

Clause 27, as amended, carried.

On Clause 28,

Karen Redman moved, -- That Bill C-5, in Clause 28, be amended by replacing, in the French version, lines 29 to 37 on page 15 with the following:

« (3) Le ministre, après consultation du ministre du Patrimoine canadien, du ministre des Pêches et des Océans et du Conseil canadien pour la conservation des espèces en péril, peut prendre des règlements concernant la présentation des demandes au COSEPAC en vertu du paragraphe (1) et le traitement des demandes par celui-ci. »

The question being put on the amendment, it was adopted.

Bob Mills moved, -- That Bill C-5, in Clause 28, be amended by replacing lines 41 and 42 on page 15 with the following:

"Species Conservation Council with a copy of its assessment and a copy of the assessment must be"

After debate, the question being put on the amendment, it was adopted.

Clause 28, as amended, carried.

At 5:55 p.m., the Committee adjourned to the call of the Chair.

 

 

Eugene Morawski
Clerk of the Committee