AANR Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 13

Thursday, December 5, 2002

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 3:34 p.m. this day, in Room 307, West Block, the Chair, Raymond Bonin, presiding.

Members of the Committee present: Gérard Binet, Raymond Bonin, John Finlay, Nancy Karetak-Lindell, Yvan Loubier, Inky Mark, Benoît Serré and Maurice Vellacott.

Acting Members present: Bernard Patry for Anita Neville, Carmen Provenzano for Brent St-Denis, Roy Cullen for John Efford and Larry McCormick for John Godfrey.

In attendance: From the Library of Parliament: Mary Hurley, Carol Hilling and Monique Hébert, Analysts.

Pursuant to its Order of Reference of Thursday, October 3, 2002, the Committee resumed consideration of Bill C-2, An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon (See Minutes of Proceedings, Tuesday, December 3, 2002, Meeting No. 9).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

On Clause 2,

Maurice Vellacott moved,-- That Bill C-2, in Clause 2, be amended by replacing line 26 on page 4 with the following:

“been undertaken prior to the coming into force of this Act and that, if”

The question being put on the amendment, it was negatived.

John Finlay moved, -- That Bill C-2, in Clause 2, be amended by replacing lines 42 and 43 on page 7 with the following:

“proposes to require - under a federal or territorial law, a municipal by-law or a first nation law - that it be undertaken.”

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

Clause 2 carried by a show of hands.

Clause 3 carried by a show of hands.

Clause 4 carried by a show of hands.

On Clause 5,

Inky Mark moved, -- That Bill C-2, in Clause 5, be amended by adding after line 11 on page 11 the following:

“(h.1) to ensure that projects are carried out in a manner consistent with the principle of sustainable development;”

The question being put on the amendment, it was negatived.

Clauses 5 and 6 carried.

On new Clause ( 7.1 )

Maurice Vellacott moved, -- That Bill C-2 be amended by adding after line 42 on page 11 the following new clause:

“FIVE-YEAR REVIEW

7.1 Five years after this Act comes into force, the Minister shall cause an independent review of the Act and its administration and operation to be conducted, and shall cause a report on the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the review is completed.”

The question being put on the amendment, it was negatived by a show of hands.

Clause 7 carried.

On Clause 8,

Maurice Vellacott moved, -- That Bill C-2, in Clause 8, be amended

(a) by replacing lines 5 to 11 on page 12 with the following:

“sons; and

(b) four other members.”

(b) by deleting lines 28 to 33 on page 12.

The question being put on the amendment, it was negatived by a show of hands.

Maurice Vellacott moved, -- That Bill C-2, in Clause 8, be amended by replacing lines 12 to 14 on page 12 with the following:

“(2) The federal minister shall

(a) set out minimum qualifications and other criteria for the selection of the members of the Board that shall be followed in all nominations and appointments; and

(b) appoint the members of the Board after seeking the views of the Minister of the Environment.”

The question being put on the amendment, it was negatived by a show of hands.

Maurice Vellacott moved, -- That Bill C-2, in Clause 8, be amended

(a) by replacing lines 18 and 19 on page 12 with the following:

“another on the nomination of the territorial minister and the”

(b) by replacing line 26 on page 12 with the following:

“and two on the nomination of the territorial”

The question being put on the amendment, it was negatived by a show of hands.

Inky Mark moved, -- That Bill C-2, in Clause 8, be amended by replacing lines 25 to 27 on page 12 with the following:

“appointed on the nomination of the Council, one on the nomination of the territorial minister and one nominated by the territorial minister to represent the affected municipalities.”

The question being put on the amendment, it was negatived by a show of hands.

Clauses 8 to 21 carried severally.

On Clause 22,

Maurice Vellacott moved, -- That Bill C-2, in Clause 22, be amended

(a) by replacing line 21 on page 16 with the following:

“22. (1) The Board shall name a”

(b) by replacing lines 28 and 29 on page 16 with the following:

“office for an assessment district, the Board shall consult the territorial minister,”

(c) by replacing lines 35 to 39 on page 16 with the following:

“(3) The Board shall publish a notice of the selection of a community, or of any change in the selection, in the Canada Gazette, in a periodical that, in the Board's opinion, has a large circulation in”

The question being put on the amendment, it was negatived by a show of hands.

Clauses 22 to 29 carried severally.

On Clause 30,

Maurice Vellacott moved, -- That Bill C-2, in Clause 30, be amended by replacing line 21 on page 19 with the following:

“(a) reviews of existing projects where a material change in the project is proposed, reviews of”

The question being put on the amendment, it was negatived by a show of hands.

Clause 30 carried.

On Clause 31,

Maurice Vellacott moved, -- That Bill C-2, in Clause 31, be amended by deleting lines 27 to 33 on page 20.

The question being put on the amendment, it was negatived by a show of hands.

Clause 31 carried.

Clauses 32 to 39 carried severally.

On Clause 40,

Maurice Vellacott moved, -- That Bill C-2, in Clause 40, be amended by replacing lines 38 and 39 on page 22 and lines 1 to 3 on page 23 with the following:

“process and shall provide certainty to persons participating in the assessment process with respect to assessment procedures, time limits and, to the extent practicable, costs.”

The question being put on the amendment, it was negatived by a show of hands.

Clause 40 carried.

On Clause 41,

Maurice Vellacott moved, -- That Bill C-2, in Clause 41, be amended by replacing lines 7 and 8 on page 23 with the following:

“projects and plans within the time limits.”

The question being put on the amendment, it was negatived by a show of hands.

Clauses 41 and 42 carried.

On Clause 43,

Maurice Vellacott moved, -- That Bill C-2, in Clause 43, be amended by adding after line 40 on page 24 the following:

“(2) The number of days the proponent takes to provide the required supplementary information shall be added to the time limits imposed on the assessment process.”

The question being put on the amendment, it was negatived by a show of hands.

Clauses 43 carried.

Clauses 44 to 50 carried severally.

On Clause 51,

John Finlay moved, -- That Bill C-2, in Clause 51, be amended by replacing lines 25 to 28 on page 29 with the following:

“other activity that it considers likely to be undertaken in relation to an activity so identified and sufficiently related to it to be included in the project.”

The question being put on the amendment, it was adopted.

Clause 51, as amended, carried.

Clauses 52 to 59 carried severally.

On Clause 60,

Inky Mark moved, -- That Bill C-2, in Clause 60, be amended

(a) by replacing, in the English version, line 23 on page 34 with the following:

“project;”

(b) by replacing, in the English version, line 27 on page 34 with the following:

“the consent of the territorial minister; or”

(c) by adding after line 27 on page 34 the following:

“(d) by a municipality with the consent of the territorial minister.”

The question being put on the amendment, it was negatived by a show of hands.

Clause 60 carried.

Clauses 61 to 102 carried severally.

On Clause 103,

Inky Mark moved, -- That Bill C-2, in Clause 103, be amended

(a) by replacing, in the English version, line 29 on page 60 with the following:

“ment is the originator;”

(b) by replacing, in the English version, line 35 on page 60 with the following:

“territorial minister; or”

(c) by adding after line 35 on page 60 the following:

“(d) at the request of a municipal government, if the municipal government is the originator.”

The question being put on the amendment, it was negatived.

Inky Mark moved, -- That Bill C-2, in Clause 103, be amended by replacing, in the English version, line 43 on page 60 with the following:

“to a review, by the territorial minister will”

The question being put on the amendment, it was negatived by a show of hands.

Clause 103 carried.

Clauses 104 and 105 carried.

Clauses 103 to 106 carried severally.

John Finlay moved, -- That Bill C-2, in Clause 106, be amended by replacing line 46 on page 61 with the following:

“section 103 or 105 and of the manner in which”

The question being put on the amendment, it was adopted.

Clause 106 , as amended, carried.

Clauses 107 to 109 carried severally.

On Clause 110,

Maurice Vellacott moved, -- That Bill C-2, in Clause 110, be amended by replacing line 19 on page 64 with the following:

“project, if it can demonstrate to the decision body that such ongoing measures are warranted.”

The question being put on the amendment, it was negatived by a show of hands.

Maurice Vellacott moved, -- That Bill C-2, in Clause 110, be amended by replacing line 20 on page 64 with the following:

“(2) Project audits and effects monitoring shall require of project managers as little involvement as possible.

(3) A decision body that accepts a recom-”

The question being put on the amendment, it was negatived by a show of hands.

Clause 110 carried

Clauses 111 to 120 carried severally.

On Clause 121,

John Finlay moved, -- That Bill C-2, in Clause 121, be amended by replacing, in the French version, lines 12 and 13 on page 68 with the following:

“communication et n'est obligé par aucun texte législatif territorial ni aucun texte”

The question being put on the amendment, it was adopted.

Clause 121, as amended, carried.

On Clause 122,

Inky Mark moved, -- That Bill C-2, in Clause 122, be amended by adding after line 45 on page 68 the following:

“(2) Any regulations made under this section are to be reviewed by the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources before they come into force or are published in the Canada Gazette.”

The question being put on the amendment, it was adopted.

Maurice Vellacott moved, -- That Bill C-2, in Clause 122, be amended by adding after line 45 on page 68 the following:

“(2) No regulation shall be made under subsection (1) until after the draft version has been reviewed at a public hearing.”

The question being put on the amendment, it was negatived by a show of hands.

Clause 122, as amended, carried.

On Clause 123,

John Finlay moved, -- That Bill C-2, in Clause 123, be amended by replacing, in the French version, lines 6 and 7 on page 69 with the following:

“tout organisme chargé, aux termes d'un texte législatif fédéral autre que la Loi sur”

The question being put on the amendment, it was adopted.

Clause 123, as amended, carried.

Clauses 124 and 125 carried severally.

On Clause 126,

John Finlay moved, -- That Bill C-2, in Clause 126, be amended by replacing lines 36 to 39 on page 70 with the following:

“made to a territorial agency under a territorial law, or to a first nation under a first nation law or the first nation's final agreement, for the”

The question being put on the amendment, it was adopted.

Clause 126, as amended, carried.

Clauses 127 to 134 carried severally.

Schedule I carried.

Clause 1 carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, -- That the Chair report Bill C-2 with amendments to the House as the Third Report of the Committee.

At 5:09 p.m., the Committee adjourned to the call of the Chair.

Elizabeth B. Kingston
Clerk of the Committee