HERI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 22
Tuesday, October 30, 2001
The Standing Committee on Canadian Heritage met at 9:08 a.m. this day, in Room 705, La Promenade Building, the Chair, Clifford Lincoln, presiding.
Members of the Committee present: Jim Abbott, Paul Bonwick, Sarmite Bulte, Rodger Cuzner, Claude Duplain, Christiane Gagnon, John Harvard, Betty Hinton, Clifford Lincoln, Grant McNally, Dennis Mills, Tony Tirabassi.
Acting Members present: Andy Burton for Cheryl Gallant and Joe Comartin for Wendy Lill.
In attendance: From the Library of Parliament: Joseph Jackson, Robin MacKay, Mollie
Dunsmuir, Research Offiers. From Committees Directorate: Philippe Méla, Jean-François Page, Legislative Clerks.
Witness(es): From the Parks Canada Agency: Susan Katz, Director, Legislation and Policy Branch; Daphne Porter, Legal Counsel; Tom Lee, Chief Executive Officer, Parks Canada Agency.
Pursuant to its Order of Reference of Thursday, May 10, 2001, the Committee
resumed consideration of Bill C-10, An Act respecting the national marine
conservation areas of Canada (See Minutes of Proceedings, Thursday, May 31,
2001, Meeting No. 13).
It was agreed, -- That Clause-by-Clause consideration of Bill C-10 be postponed until 11:30 a.m. later this day.
Debate arose on the question of the Canadian Television Fund.
By unanimous consent, it was agreed – That the Chair send a letter to the Minister of Finance supporting the continuation of the Canadian Television Fund, pending the Committee’s report and recommendations in relation to its study on the State of the Canadian Broadcasting System.
At 9:15 a.m. the sitting was suspended.
At 11:30 a.m. the sitting resumed.
The Committee proceeded to Clause by Clause consideration of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 and the Preamble was postponed.
On Clause 2,
The Chair ruled government amendment G3 out of order, on the grounds that it is a substantive amendment to an interpretation clause.
Andy Burton moved, -- That Bill C-10, in Clause 2, be amended by adding
after line 24 on page 3 the following:
After debate, the question being put on the amendment, it was negatived by a show of hands.
Andy Burton moved, -- That Bill C-10, in Clause 2, be amended by replacing
line 32 on page 3 with the following:
(4) The establishment of a marine conserva-"
After debate, the question being put on the amendment, it was negatived by a show of hands.
After debate, by unanimous consent, the amendment was stood.
Sarmite Bulte moved, -- That Bill C-10, in Clause 2, be amended by adding after line 36 on page 3 the following:
Application of Act to reserves
(4) This Act applies to a reserve as if it were a marine conservation area.
After debate, the question being put on the amendment, it was adopted by a show of hands.
By unanimous consent Clause 2 was stood.
Clause 3 carried.
On Clause 4,
Andy Burton moved, -- That Bill C-10, in Clause 4, be amended by replacing lines 7 and 8 on page 4 with the following:
"tion and enjoyment of the people of Canada."
After debate, the question being put on the amendment, it was negatived by a show of hands.
Sarmite Bulte moved, -- That Bill C-10, in Clause 4, be amended by replacing lines 9 to 16 on page 4 with the following:
Purpose of reserves
(2) Reserves are established in accordance with this Act for the purpose
referred to in subsection (1) where an area or a portion of an area proposed
for a marine conservation area is subject to a claim in respect of aboriginal
rights that has been accepted for negotiation by the Government of Canada.
Management and use
(3) Marine conservation areas
After debate, the question being put on the amendment, it was adopted by a show of hands.
Jim Abbott moved, -- That Bill C-10, in Clause 4, be amended by adding after
line 29 on page 4 the following:
After debate, the question being put on the amendment, it was negatived by a show of hands.
Andy Burton moved, -- That Bill C-10, in Clause 4, be amended by replacing line 19 on page 4 with the following:
"future generations without severely compromising the"
The question being put on the amendment, it was negatived.
Sarmite Bulte moved, -- That Bill C-10, in Clause 4, be amended by replacing lines 23 to 29 on page 4 with the following:
Zones
(4) Each marine conservation area shall be divided into zones, which must
include at least one zone that fosters and encourages ecologically sustainable
use of marine resources and at least one zone that fully protects special
features or sensitive elements of ecosystems, and may include other types of
zones.
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 4, as amended, carried.
By unanimous consent, the Committee reverted to Clause 2.
Andy Burton moved, That Bill C-10, in Clause 2, be amended by replacing line 32 on page 3 with the following:
"(3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the existing rights of a province over public lands, including submerged lands, which fall within their provincial boundaries. As such, no marine conservation area shall be created without the specific approval and passage of parallel legislation in the legislative assembly for that or those affected province or provinces.
(4) The establishment of a marine conserva-"
After debate, the question being put on the amendment, it was negatived by a show of hands.
Clause 2 as amended carried.
On Clause 5,
Sarmite Bulte moved, -- That Bill C-10, in Clause 5, be amended by
(a) replacing lines 12 to 17 on page 5 with the following:
a province had the administration and control of any of the lands to be
included in the marine conservation area, the government of the province agreed
to the use of those lands as a marine conservation area and transferred their
administration and
(b) replacing line 24 on page 5 with the following:
Judicial finding as to title
(3) If a court of competent jurisdiction finds that Her Majesty in right of
Canada does not have clear title to or an unencumbered right of ownership in
lands within a marine conservation area, the Governor in Council may, by order,
amend Schedule 1 by removing the name and description of the area or by
altering the description of the area.
No reduction of area
(4) Except as provided by subsection (3), no amendment may be made by the
After debate, the question being put on the amendment, it was adopted by a show of hands.
At 1:00 p.m. the sitting was suspended.
At 1:12 p.m. the sitting resumed.
Christiane Gagnon moved, -- That Bill C-10, in Clause 5, be amended
(a) by replacing, in the English version, line 19 on page 5 with the following:
"for that purpose
(b) by replacing, in the English version, line 23 on page 5 with the following:
"been fulfilled; and"
(c) by adding after line 23 on page 5 the following:
"(d) in a case where a provincial legislature has passed legislation to protect marine conservation areas, the Government of Canada must negotiate, with the province in question, an agreement allowing the Government of Canada to establish a marine conservation area in the province."
After debate, the question being put on the amendment, it was negatived by a show of hands.
Grant McNally moved, -- That Bill C-10, in Clause 5, be amended by adding
after line 27 on page 5 the following:
After debate, the question being put on the amendment, it was negatived by a show of hands.
Clause 5, as amended, carried.
On Clause 6,
Sarmite Bulte moved, -- That Bill C-10, in Clause 6, be amended by
(a) replacing lines 37 to 40 on page 5 with the following:
Reserve becoming marine conservation area
(2) Where a claim described in subsection 4(2) is settled, the Governor in
Council may, by order,
(a) amend Schedule 2 by removing the name and description of the reserve or by
(b) replacing line 1 on page 6 with the following:
Judicial finding as to title
(3) If a court of competent jurisdiction finds that Her Majesty in right of
Canada does not have clear title to or an unencumbered right of ownership in
lands within a reserve, the Governor in Council may, by order, amend Schedule 2
by removing the name and description of the reserve or by altering the
description of the reserve.
No reduction of area
(4) Except as provided by subsections (2) and (3), no
The question being put on the amendment, it was adopted by a show of hands.
Clause 6, as amended, carried.
Andy Burton moved, -- That Bill C-10, in Clause 7, be amended by replacing line 13 on page 6 with the following:
"en, including a list of the names of organizations and persons consulted, the dates of the consultation and a summary of their comments, and any agreements reached respecting"
After debate, the question being put on the amendment, it was adopted by a show of hands.
At 1:55 p.m., the Committee adjourned to the call of the Chair.
Christine Fisher
Clerk of the Committee