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MINUTES OF PROCEEDINGS

Meeting No. 50

Thursday, November 8, 2001

The Standing Committee on Environment and Sustainable Development met at 9:13 a.m. this day, in Room 209, West Block, the Chair, Charles L. Caccia, presiding.

Members of the Committee present: Roy Bailey, Charles L. Caccia, Joe Comartin, Marcel Gagnon, John Herron, Gar Knutson, Karen Kraft Sloan, Rick Laliberte, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer, Alan Tonks.

Acting Members present: Dominic LeBlanc for Rick Laliberté and Diane St-Jacques for Alan Tonks.

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.

The witnesses answered questions.

The Committee resumed consideration of Clause 59, as amended.

On Clause 59,

Gar Knutson moved, -- That Bill C-5, in Clause 59, be amended by replacing lines 9 to 14 on page 28 with the following:

"(2) Regulations made under subsection (1) do not apply to anything that meets the requirements of section 83."

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

The Chair ruled that the previous vote shall apply to the following amendments:

-- That Bill C-5, in Clause 59, be amended by replacing lines 20 to 25 on page 28 with the following:

"(4) If the critical habitat is on land that is not federal land, the competent minister shall make reasonable efforts to contact the landowner and seek to negotiate an agreement under section 11, 74 or 75 before making a regulation under subsection (1)."

-- That Bill C-5, in Clause 59, be amended by replacing lines 26 to 33 on page 28 with the following:

"(5) If the critical habitat is on a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, the competent minister shall contact the band and seek to negotiate an agreement under section 11, 74 or 75, in consultation with the Minister of Indian and Northern Affairs, before making a regulation under subsection (1)."

-- That Bill C-5, in Clause 59, be amended by replacing lines 34 to 41 on page 28 with the following:

"(6) If the critical habitat is in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the competent minister shall contact the band and seek to negotiate an agreement under section 11, 74 or 75 before making a regulation under subsection (1)."

Gar Knutson moved, --That Bill C-5, in Clause 59, be amended by replacing line 17 on page 28 with the following:

"critical habitat and shall include provisions prohibiting"

Clause 59, as amended, was stood.

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

By unanimous consent, the Committee reverted to Clause 8.

On Clause 8,

Bob Mills moved, -- That Bill C-5, in Clause 8, be amended by replacing line 8 on page 9 with the following:

"two ministers, delegate to any government in Canada, any of"

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

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 8, be amended by replacing line 10 on page 9 with the following:

"Act, relating to its enforcement."

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

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 8, be amended by replacing line 16 on page 9 with the following:

"the activities undertaken under the agreement and that the federal government remains responsible to carry out the delegated powers."

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

Bob Mills moved, -- That Bill C-5, in Clause 8, be amended by replacing line 18 on page 9 with the following:

"report must be included in the public registry within 45 days of its completion."

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

Clause 8, as amended, carried.

By unanimous consent, the Committee reverted to Clause 60.

On Clause 60,

Marcel Gagnon moved, -- That Bill C-5, in Clause 60, be amended by deleting lines 4 to 7 on page 29.

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

John Herron moved, -- That Bill C-5, in Clause 60, be amended by replacing lines 5 to 7 on page 29 with the following:

"portions of the habitat that the competent minister specifies by order."

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

Bob Mills moved, -- That Bill C-5, in Clause 60, be amended by replacing line 7 on page 29 with the following:

"competent minister in consultation with the Canadian Endangered Species Conservation Council, by order, specify."

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

Clause 60 carried.

At 10:47 a.m., the Committee adjourned to the call of the Chair.

 

 

Eugene Morawski
Clerk of the Committee