ENVI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 53
Thursday, November 22, 2001
The Standing Committee on Environment and Sustainable Development met at 9:10 a.m. this day, in Room 308, West 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, Karen Redman, Julian Reed, Andy Savoy, Alan Tonks.
Acting Member present: Bob Wood for Hélène Scherrer.
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; Regent (Ray) Lalonde, National Coordinator Operations, Wildlife Division, Office of Enforcement. From the Canadian Environmental Assessment Agency: Heather Smith, Senior Counsel, Legal Services.
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 75,
The witnesses answered questions.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 75, be amended by
replacing lines 25 to 40 on page 35 with the following:
(a) before it is entered into, issued or made, ensure that the requirements of subsections 74(2) to (6) and (9) are met; and
(b) after it is entered into, issued or made, comply with the requirements of subsections 74(7) and (8),
in which case the agreement, permit, licence, order or other form of approval has the same effect as an agreement or permit under subsection 74(1.1).
The result of the vote was announced:
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YEAS: 6 |
NAYS: 6 |
The Chair voted in the affirmative.
Accordingly, the amendment was adopted.
Clause 75, as amended, carried.
On Clause 76,
Karen Redman moved, -- That Bill C-5, in Clause 76, be amended by replacing lines 8 and 9 on page 36 with the following:
“(2) A competent minister may also revoke or amend any term or condition in any of those”
After debate, the question being put on the amendment, it was adopted.
Clause 76, as amended, carried.
Clause 77 carried.
On Clause 78,
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 78, be amended by replacing line 46 on page 36 with the following:
"74(2), (3), (6) and (9) are met; and"
After debate, the question being put on the amendment, it was adopted.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 78, be amended by
adding after line 4 on page 37 the following:
After debate, the question being put on the amendment, it was negatived on division.
Clause 78, as amended, carried.
On Clause 79,
Roy Bailey moved, -- That Bill C-5, in Clause 79, be amended by replacing line 15 on page 37 with the following:
''writing of the project if it is likely to adversely affect a''
The question being put on the amendment, it was negatived on division.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 79, be amended by replacing lines 15 and 16 on page 37 with the following:
"writing of the project if it is likely to affect
(a) a listed wildlife species or its habitat; or
(b) in the case of a project outside Canada, a listed wildlife species or a wildlife species that appears on the Red List of Threatened Animals or the Red List of Threatened Plants published by the World Conservation Union."
After debate, the question being put on the amendment, it was negatived on division.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 79, be amended by replacing lines 17 to 22 on page 37 with the following:
"(2) The person must identify the effects of the project on the listed wildlife species and its critical habitat and, if the project is carried out, must ensure that the requirements of subsection 74(3) are met and measures are taken to monitor the project's effects. The measures must be"
After debate, the question being put on the amendment, it was negatived on division.
Joe Comartin moved, -- That Bill C-5, in Clause 79, be amended by adding after
line 25 on page 37 the following:
After debate, the question being put on the amendment, it was negatived on division.
Clause 79 carried.
On Clause 80,
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 80, be amended by
replacing lines 35 and 36 on page 37 with the following:
After debate, the question being put on the amendment, it was negatived on division.
John Herron moved, -- That Bill C-5, in Clause 80, be amended by replacing
lines 35 and 36 on page 37 with the following:
After debate, the question being put on the amendment, it was negatived on division.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 80, be amended by replacing
lines 39 to 42 on page 37 with the following:
After debate, the question being put on the amendment, it was negatived on division.
John Herron moved, -- That Bill C-5, in Clause 80, be amended by replacing
lines 39 and 40 on page 37 with the following:
After debate, the question being put on the amendment, it was negatived on division.
Roy Bailey moved, -- That Bill C-5, in Clause 80, be amended by replacing line 40 on page 37 with the following:
"recommendation if he or she is of the opinion, based on the best available information and in consultation with COSEWIC,"
After debate, Rick Laliberté moved, -- That the amendment be amended by replacing the word “and” with the word “or”.
After debate, it was negatived on division.
And the question being put on the amendment, the result of the vote was announced.
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YEAS: 5 |
NAYS: 5 |
The Chair voted in the negative.
Accordingly, the amendment was negatived.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 80, be amended by
replacing lines 1 to 3 on page 38 with the following:
After debate, Bernard Bigras moved, -- That the amendment be amended by adding the words “and COSEWIC” after the word “minister” on line 3.
After debate, the sub-amendment was negatived on division.
The question being put on the amendment, it was negatived on division.
Roy Bailey moved, --That Bill C-5, in Clause 80, be amended by replacing line 2 on page 38 with the following:
"competent minister must consult the Canadian Endangered Species Conservation Council and every other"
After debate, Rick Laliberté moved, -- That the amendment be amended by adding the words “if time allows” after the word “consult”.
After debate, the sub-amendment was carried on the following show of hands:
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YEAS: 6 |
NAYS: 5 |
The question being put on the amendment, as amended, it was negatived on the following show of hands:
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YEAS: 5 |
NAYS: 6 |
Clause 80 carried.
On Clause 81,
John Herron moved, -- That Bill C-5, in Clause 81, be amended by replacing lines 19 to 23 on page 39 with the following:
"minister is not required to make a recommendation, if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament or if it is agreed in writing that a provincial Act provides equivalent protection for the wildlife species."
After debate, the question being put on the amendment, it was negatived on division.
Roy Bailey moved, -- That Bill C-5, in Clause 81, be amended by replacing line 22 on page 39 with the following:
"been taken under another Act of Parliament or under the laws or policies of any government in Canada to"
After debate, the question being put on the amendment, it was negatived on division.
Clause 81 carried.
On Clause 82,
By unanimous consent, Clause 82 was stood.
By unanimous consent, Clause was 83 stood.
Clause 84 carried.
Clause 85 carried.
Clause 86 carried.
Clause 87 carried.
Clause 88 carried.
On Clause 89,
Roy Bailey moved, -- That Bill C-5, in Clause 89, be amended by replacing line 26 on page 45 with the following:
"and who has been convicted of an offence under this Act in relation to that thing, are jointly and severally, or solidarily, liable"
After debate, the question being put on the amendment, it was adopted.
Clause 89, as amended, carried.
Clause 90 carried.
Clause 91 carried.
Clause 92 carried.
Clause 93 carried.
Clause 94 carried.
Clause 95 carried.
By unanimous consent, Clause 96 was stood.
Clause 98 carried.
Clause 99 carried.
Clause 100 carried on division.
Clause 101 carried.
Clause 102 carried.
Clause 103 carried.
Clause 104 carried.
Clause 105 carried.
Clause 106 carried.
Clause 107 carried.
Clause 108 carried.
On Clause 109,
Roy Bailey moved, -- That Bill C-5, in Clause 109, be amended
by replacing lines 23 and 24 on page 55 with the following:
After debate, the question being put on the amendment, it was adopted.
Clause 109, as amended, carried.
Clause 110 carried.
On Clause 111,
Roy Bailey moved, -- That Bill C-5, in Clause 111, be amended by replacing line 42 on page 55 with the following:
"be filed with the same court by the Attorney General immediately after"
After debate, the question being put on the amendment, it was adopted.
Clause 111, as amended, carried.
Clause 112 carried.
Clause 113 carried.
Clause 114 carried.
On Clause 115,
Roy Bailey moved, -- That Bill C-5, in Clause 115, be amended by replacing lines 28 to 41 on page 57 with the following:
"115. Where it is necessary in the conduct of an investigation of an offence, a peace officer or enforcement officer may disclose to a department or agency of a government in Canada any information in a record relating to an offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person."
After debate, the question being put on the amendment, it was adopted.
Clause 115, as amended, carried.
Clause 116 carried.
Clause 117 carried.
Clause 118 carried.
Clause 119 carried.
Clause 120 carried.
Clause 121 carried.
Clause 122 carried.
On Clause 123,
John Herron moved, -- That Bill C-5, in Clause 123, be amended
(a) by deleting, in the English version, line 13 on page 61.
(b) by adding after line 15 on page 61 the following:
"(i) all ministerial reports including listing decisions."
After debate, the question being put on the amendment, it was adopted.
Clause 123, as amended, carried.
Clause 124 carried.
Clause 125 carried on division.
On Clause 126,
Roy Bailey moved, -- That Bill C-5, in Clause 126, be amended by replacing line 16 on page 62 with the following:
"(b) the preparation, implementation and total costs to the government of Canada of"
After debate, the question being put on the amendment, it was negatived.
Clause 126 carried.
Clause 127 carried.
On Clause 128,
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 128, be amended by replacing lines 1 to 3 on page 63 with the following:
"128. Three years after this section comes into force and at the end of each subsequent period of three years, the Minister must prepare a"
After debate, the question being put on the amendment, it was negatived on division.
Clause 128 carried.
On Clause 129,
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 129, be amended by replacing line 10 on page 63 with the following:
"force, and at the end of each subsequent period of five years, a committee of the House of Commons,"
After debate, the question being put on the amendment, it was adopted by a show of hands.
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YEAS: 6 |
NAYS: 5 |
Clause 129, as amended, carried.
At 12:22 p.m., the Committee adjourned to the call of the Chair.
Eugene Morawski
Clerk of the Committee