ENVI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 46
Wednesday, October 31, 2001
The Standing Committee on Environment and Sustainable Development met in a televised session at 3:35 p.m. this day, in Room 237-C, Centre Block, the Chair, Charles L. Caccia, presiding.
Members of the Committee present: Bernard Bigras, Charles L. Caccia, Joe Comartin, John Herron, Gar Knutson, Karen Kraft Sloan, Rick Laliberte, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer, Alan Tonks.
Acting Members present: Andy Burton for Paul Forseth and Howard Hilstrom for Roy Bailey.
In attendance: From the Library of Parliament: Kristen Douglas and Tim Williams, Research Officers. From Legislative Services: Susan Baldwin and Jean Michel Roy, 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.
By unanimous consent, the Committee reverted to Clause 34.
The witnesses answered questions.
On Clause 34,
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 34, be amended by
replacing lines 17 to 43 on page 17 and lines 1 to 4 on page 18 with the
following:
(a) whether there is a prohibition similar to the one in section 32 or
33, as applicable;
(b) whether criteria at least as stringent as those in subsection 74(3)
are used in granting exemptions;
(c) whether there is effective application and enforcement of the
provincial law; and
(d) whether information about the application and enforcement of the
provincial laws, including the granting of exemptions, is made public.
After debate, the question being put on the amendment, it was negatived on division.
John Herron moved, -- That Bill C-5, in Clause 34, be amended by replacing
lines 17 to 24 on page 17 with the following:
After debate, the question being put on the amendment, it was negatived by a show of hands.
|
YEAS: 5 |
NAYS: 6 |
The Chair ruled that the previous vote on John Herron’s amendment will apply to the following consequential amendments:
-- That Bill C-5, in Clause 34, be amended by replacing lines 25 to 33 on
page 17 with the following:
(a) whether there is a prohibition equivalent to the one in section 32
or 33, as applicable;
(b) whether the province's laws used criteria at least as stringent as
those in subsection 74(3) before granting exemptions;
(c) whether there is effective application and enforcement of the
provincial laws; and
(d) whether information about the application and enforcement of the
provincial laws, including the granting of exemptions, is made public."
-- That Bill C-5, in Clause 34, be amended by replacing lines 34 to 37 on
page 17 with the following:
-- That Bill C-5, in Clause 34, be amended by replacing lines 38 to 43 on
page 17 and lines 1 to 4 on page 18 with the following:
-- That Bill C-5, in Clause 34, be amended by adding after line 4 on page 18
the following:
-- That Bill C-5, in Clause 34, be amended by adding after line 4 on page 18
the following:
Gar Knutson moved, -- That Bill C-5, in Clause 34, be amended by replacing lines 18 to 21 on page 17 with the following:
"wildlife species that is not an aquatic species, a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 or a transboundary species, sections 32 and 33 do not apply in"
After debate, the question being put on the amendment, it was negatived by a show of hands.
|
YEAS: 6 |
NAYS: 7 |
The Chair ruled that the previous vote on Gar Knutson’s amendment will apply to the following consequential amendments:
-- That Bill C-5, in Clause 34, be amended by replacing lines 18 and 19 on page 17 with the following:
"wildlife species that is not an aquatic species, a transborder species or a species of birds that are migratory birds"
-- That Bill C-5, in Clause 34, be amended by replacing line 21 on page 17 with the following:
"Act, 1994, or a transboundary species, sections 32 and 33 do not apply in"
-- That Bill C-5, in Clause 34, be amended by replacing line 21 on page 17 with the following:
"Act, 1994, or a species that migrates across an international boundary of Canada or has a range extending across such a boundary; sections 32 and 33 do not apply in"
-- That Bill C-5, in Clause 2, be amended by adding after line 40 on page 6 the following:
""transboundary species" means a wildlife species that migrates across an international boundary of Canada or has a range extending across such a boundary, as determined by COSEWIC in its assessment of a species' status."
Bob Mills moved, -- -- That Bill C-5, in Clause 34, be amended by adding after line 37 on page 17 the following:
“(3.1) Within six months of this Act receiving royal assent, the Minister shall, in consultation with the appropriate provincial ministers and other appropriate persons, develop criteria for determining what constitutes “effective protection” of species at risk throughout Canada.
(3.2) The Minister shall, within the period mentioned in subsection (3.1), place these criteria in the public registry for a period of 60 days for public comment.
(3.3) Once the criteria under subsection (3.1) are implemented, subsections (1) and (2) apply immediately.
(3.4) In the event there is no agreement within 6 months then subsection (3) shall apply.”
After debate, the question being put on the amendment, it was adopted on division.
The Chair ruled that the previous vote on Bob Mills’ amendment will apply to the following consequential amendments:
-- That Bill C-5, in Clause 34, be amended by replacing lines 25 to 27 on
page 17 with the following:
-- That Bill C-5, in Clause 34, be amended by replacing lines 36 and 37 on page 17 with the following:
“that the laws of the province do not effectively protect the species or the residences of its individuals.”
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 34, be amended
(a) by replacing, in the English version, line 41 on page 17 with the
following:
“(a) the appropriate provincial minister;”
(b) by replacing, in the English version, line 4 on page 18 with the following:
“ment board; and”
(c) by adding after line 4 on page 18 the following:
“(c) the public.”
After debate, the question being put on the amendment, it was carried on division.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 34, be amended by adding
after line 4 on page 18 the following:
After debate, the question being put on the amendment, it was negatived on division.
Clause 34, as amended, carried.
At 5:50 p.m., the Committee adjourned to the call of the Chair.
Eugene Morawski
Clerk of the Committee