ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 51

Tuesday, November 20, 2001

The Standing Committee on Environment and Sustainable Development met in a televised session at 9:15 a.m. this day, in Room 253-D, Centre Block, the Chair, Charles L. Caccia, presiding.

Members of the Committee present: Roy Bailey, 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: Rick Casson for Paul Forseth and Dick Proctor for Joe Comartin.

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 to Clause-by-Clause consideration of the Bill.

On Clause 61,

The witnesses answered questions.

Gar Knutson moved, -- That Bill C-5, in Clause 61, be amended by replacing lines 8 to 12 on page 29 with the following:

"61. (1) No person shall destroy any part of the critical habitat of a listed endangered species, a listed threatened species or a listed extirpated species, if a recovery strategy has recommended the re-introduction of the species into the wild in Canada, that is in a province or territory and that is not mentioned in subsection 59(1)."

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

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

-- That Bill C-5, in Clause 61, be amended by replacing, in the English version, lines 15 and 16 on page 29 with the following:

"nor in Council, on the recommendation of the Minister, by order, specifies."

-- That Bill C-5, in Clause 61, be amended by replacing lines 25 to 36 on page 29 with the following:

"(4) The Governor in Council must make an order under subsection (2) where the Governor in Council determines, based on the recommendation of the Minister, after consultation with the appropriate provincial or territorial minister, that the laws of the province or territory do not effectively protect the particular portion of the critical habitat."

-- That Bill C-5, in Clause 61, be amended by adding after line 36 on page 29 the following:

"(4.1) In determining whether a province's laws provide effective protection, the Minister shall consider whether

(a) there is a prohibition equivalent to the one in subsection 61(1);

(b) criteria similar to those in subsection 74(3) are used in granting exemptions;

(c) there is effective enforcement and implementation of the prohibition; and

(d) information about the application and enforcement of those laws, including the issuance of exemptions, is made public.

(4.2) The Minister shall provide reasons for the determination given in subsection (4.1) in the public registry.

(4.3) Any person may submit a request to the Minister, supported by reasons, that a recommendation be made under subsection (2).

(4.4) Within 60 days after receiving a request under subsection (4.3), the Minister must indicate to the applicant whether or not he or she intends to make a recommendation and the reasons for the decision."

-- That Bill C-5, in Clause 61, be amended by replacing line 40 on page 29 with the following:

"Council, by order, renews it. Subsections (3), (4), (4.1), (4.2), (4.3) and (4.4) apply to a renewal decision."

-- That Bill C-5, in Clause 61, be amended by replacing lines 41 to 45 on page 29 and lines 1 and 2 on page 30 with the following:

"(6) If the Minister is of the opinion that the province or territory has brought into force laws that effectively protect the portion of the critical habitat to which the order relates, taking into account the criteria in subsections (4.1) and (4.2), the Minister must recommend that the order be repealed, and shall provide reasons for this decision in the public registry."

Bernard Bigras moved, -- That Bill C-5, in Clause 61, be amended by replacing lines 9 and 10 on page 29 with the following:

"the critical habitat of an aquatic species, or a listed endangered species or a listed threatened species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994, that is in"

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

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

Bernard Bigras moved, -- That Bill C-5, in Clause 61, be amended by deleting lines 13 to 45 on page 29 and lines 1 and 2 on page 30.

-- That Bill C-5, in Clause 61, be amended by replacing lines 18 to 36 on page 29 with the following:

"tion if a provincial or territorial minister has requested that the recommendation be made."

Karen Redman moved, -- That Bill C-5, in Clause 61, be amended by adding after line 12 on page 29 the following:

(1.1) Subsection (1) does not apply in respect of an aquatic species.

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

Joe Comartin moved, -- That Bill C-5, in Clause 61, be amended by replacing lines 13 to 16 on page 29 with the following:

"(2) Subsection (1) applies to critical habitat that is identified in a recovery strategy or action plan and included in public registry."

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

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

-- That Bill C-5, in Clause 61, be amended by adding after line 16 on page 29 the following:

"(2.1) Subject to subsections (3) to (6), if the Minister and a provincial minister agree in writing that the laws of the province provide effective protection for a species' critical habitat, the Governor in Council may, on the recommendation of the Minister, make an order declaring that subsection (1) does not apply in that province in respect of that species' habitat."

-- That Bill C-5, in Clause 61, be amended by replacing lines 17 to 45 on page 29 and lines 1 and 2 on page 30 with the following:

"(3) In determining whether a province's laws provide effective protection, the Minister shall consider.

(a) whether there is a prohibition equivalent to the one in subsection (1),

(b) whether criteria similar to those in subsection 74(3) are used in 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,and the Minister shall provide reasons for his or her determination in the public registry.

(4) Subsection (2.1) does not apply to federal lands, or to aquatic species or species of birds that are protected by the Migratory Birds Convention Act, 1994.

(5) Before entering into an agreement under subsection (2.1), the Minister must make a draft of the agreement public by including it in the public registry, and allowing any person to file comments within 60 days after the publication of the draft agreement.

(6) After the end of 60 days, the Minister must include in the public registry a report that summarizes how any comments were dealt with.

(7) The agreement may be terminated by either party giving to the other at least six months notice of termination, in which case the Governor in Council, on the recommendation of the Minister, must repeal the order."

-- That Bill C-5, in Clause 61, be amended by replacing lines 18 to 24 on page 29 with the following:

"tion if the Canadian Endangered Species Conservation Council or a Canadian citizen has requested that a recommendation be made.

(3.1) If the Minister decides not to make a recommendation after receiving a request under subsection (3), the Minister shall record the reasons for the decision in the public registry."

-- That Bill C-5, in Clause 61, be amended by replacing line 36 on page 29 with the following:

"critical habitat or that they are not enforced in a way that will provide that protection."

John Herron moved, -- That Bill C-5, in Clause 61, be amended by replacing lines 14 to 16 on page 29 with the following:

"portions of the critical habitat that the Minister, by order, specifies."

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

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

-- That Bill C-5, in Clause 61, be amended

(a) by replacing lines 17 to 21 on page 29 with the following:

“(3) The Minister must make the order if

(a) a provincial minister or territorial minister has requested that the order be made;”

(b) by replacing line 24 on page 29 with the following:

"the order be made; or"

(c) by adding after line 24 on page 29 the following:

"(c) he or she is of the opinion that the laws of the province or territory do not effectively protect the critical habitat of the species."

-- That Bill C-5, in Clause 61, be amended by adding after line 24 on page 29 the following:

"(3.1) In determining whether a territory's laws provide effective protection, the Minister shall consider

(a)   whether there is a prohibition equivalent 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 laws of the territory; and

(d)   whether information about the application and enforcement of the territory's laws, including the granting of exemptions, is made public.

(3.2) The Minister shall provide reasons for his or her determination in the public registry."

Clause 61, as amended, carried.

On Clause 62,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 62, be amended by replacing lines 7 and 8 on page 30 with the following:

"the critical habitat of any species at risk."

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

Clause 62, as amended, carried.

Clause 63 carried.

On Clause 64,

By unanimous consent, Clause 64 was stood.

On Clause 65,

Karen Redman moved, -- That Bill C-5, in Clause 65, be amended by

(a) replacing line 1 on page 31 with the following:

65. (1) Subject to subsection (2), within three years after a wildlife

(b) adding after line 9 on page 31 the following:

 (2) With respect to wildlife species that are set out in Schedule 1 as a species of special concern on the day section 27 comes into force, the competent minister must include a management plan in the public registry within five years after that day.

After debate, the question being put on the amendment, by unanimous consent, was stood.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 65, be amended by replacing lines 5 and 6 on page 31 with the following:

"habitat designed to prevent the species from becoming threatened. The plan must include measures for the conservation of the species and its habitat that the"

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

By unanimous consent, Clause 65 was stood.

On Clause 66,

Bob Mills moved, -- That Bill C-5, in Clause 66, be amended by replacing lines 40 and 41 on page 31 with the following:

"landowners, lessees and other persons whom the"

The Chair ruled that the amendment is consequential to the following amendment:

-- That Bill C-5, in Clause 48, be amended by replacing line 3 on page 24 with the following:

"landowners, lessees and other persons whom the"

Accordingly, the amendment carried.

Clause 66, as amended, carried.

Clause 67 carried.

On Clause 68,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 68, be amended by replacing line 5 on page 32 with the following:

"68. (1) When a management plan is completed,"

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

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 68, be amended by adding after line 7 on page 32 the following:

"(2) Within 90 days after the inclusion of a management plan in the public registry, the competent minister must consider the comments, if any, received in respect of the plan, make any changes to it that he or she considers appropriate and finalize the management plan by including a revised copy of the plan in the public registry."

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

Clause 68, as amended, carried.

On Clause 69,

Bob Mills moved, -- That Bill C-5, in Clause 69, be amended by replacing lines 11 and 12 on page 32 with the following:

"for the conservation of the species, the competent minister shall, after consultation with persons listed in section 66, include a copy of the existing plan in the"

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

Bob Mills moved, -- That Bill C-5, in Clause 69, be amended by replacing line 18 on page 32 with the following:

"the species, insofar as that existing plan meets the requirements as outlined in section 66."

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

Clause 69, as amended, carried.

Clause 70 carried.

On Clause 71,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 71, be amended by replacing lines 32 to 34 on page 32 with the following:

"species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 or transboundary species, regardless of where they"

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

John Herron moved, -- That Bill C-5, in Clause 71, be amended by replacing line 34 on page 32 with the following:

"vention Act, 1994, or a species that migrates across an international boundary of Canada or has a range extending across such a boundary, regardless of where they"

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

Clause 71, as amended, carried.

Clause 72 was negatived.

On Clause 73,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 73, be amended by replacing lines 41 to 44 on page 33 with the following:

"73. (1) The competent minister must monitor the implementation of a management plan and must assess and report on its implementation five years after the plan is included in the public registry, and every five years thereafter.

(2) The competent minister and every agency shall ensure that the measures within their authority in a management plan are implemented, and may use any powers that he, she or it has under any other Act of Parliament for the purpose of doing so.''

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

Bob Mills moved, -- That Bill C-5, in Clause 73, be amended by replacing line 44 on page 33 with the following:

"after the plan is included in the public registry, until the plan has expired, has been replaced or the species status has improved and every five (5) years thereafter, and must include a report of this assessment in that registry."

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

Clause 73, as amended, carried.

On Clause 74

At 11:58 a.m., the Committee adjourned to the call of the Chair.

Eugene Morawski
Clerk of the Committee