ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 10

Tuesday, December 10, 2002

The Standing Committee on Environment and Sustainable Development met at 9:12 a.m. this day, in Room 209, West Block, the Chair, The Hon. Charles L. Caccia, presiding.

Members of the Committee present: The Hon. Charles L. Caccia, John Herron, Nancy Karetak-Lindell, Karen Kraft Sloan, Rick Laliberte, Gary Lunn, Karen Redman, Julian Reed, Andy Savoy, Alan Tonks.

Acting Members present: Gérard Binet for Hélène Scherrer, Liza Frulla for Andy Savoy and Brian Masse for Joe Comartin.

In attendance: From the Research Branch of the Library of Parliament: Kristen Douglas and Tim Williams, analysts.

Witnesses: From the Canadian Environmental Assessment Agency: Robert G. Connelly, Vice-President, Policy Development; Heather Smith, Senior Counsel, Legal Services.

Pursuant to its Order of Reference of Monday, October 7, 2002, the Committee resumed consideration of Bill C-9, An Act to amend the Canadian Environmental Assessment Act (See Minutes of Proceedings, Thursday, November 7, 2002, Meeting No. 2).

The Committee resumed Clause-by-Clause consideration of the Bill.

By unanimous consent, the Committee reverted to Clause 5, as amended.

The witnesses answered questions.

Clause 5, as amended, stood.

Clause 6, as amended, carried.

By unanimous consent, the Committee reverted to Clause 13, as amended.

Karen Kraft Sloan moved, -- That Bill C-9, in Clause 13, be amended by adding after line 44 on page 13 the following:

"(v) the potential for alternative means of carrying out the project to mitigate adverse environmental effects."

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

John Herron moved, -- That Bill C-9, in Clause 13, be amended by deleting lines 20 to 24 on page 14.

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

Karen Redman moved, -- That Bill C-9, in Clause 13, be amended by replacing, in the English version, line 33 on page 14 with the following:

"made by the federal environmental assessment coor-"

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

After debate, Clause 13, as amended, carried.

On Clause 14,

Brian Masse moved, -- That Bill C-9, in Clause 14, be amended by replacing line 4 on page 15 with the following:

“adverse environmental effects, including cumulative effects; and”

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

Gary Lunn moved, -- That Bill C-9, in Clause 14, be amended by deleting lines 11 to 20 on page 15.

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

After debate, Clause 14 carried.

On Clause 15,

Brian Masse moved, -- That Bill C-9, in Clause 15, be amended by replacing line 30 on page 15 with the following:

“conclusion of the mediation, and refer the environmental assessment in whole or in part to a review panel.”

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

After debate, Clause 15 carried.

On Clause 18, as amended,

Brian Masse moved, -- That Bill C-9, in Clause 18, be amended by replacing lines 14 to 17 on page 17 with the following:

“ity in ensuring the implementation of any mitigation measures referred to in paragraph (1)(a).”

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

Brian Masse moved, -- That Bill C-9, in Clause 18, be amended by replacing line 20 on page 17 with the following:

“in relation to a project, the responsible authority shall publish a notice of that course of action in the Registry and nothwithstanding any”

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

After debate, Clause 18, as amended, carried.

On Clause 19, as amended,

Karen Redman moved, -- That Bill C-9, in Clause 19, be amended by replacing, in the French version, line 8 on page 18 with the following:

"mesures de gestion adaptative ou pour améliorer"

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

Clause 19, as amended, stood.

On Clause 20, as amended,

Karen Redman moved, -- That Bill C-9, in Clause 20, be amended by

(a) replacing line 11 on page 18 with the following:

"1993, c. 34, s. 31(1)(F)

20. (1) Subsection 40(2) of the Act is replaced"

(b) adding after line 33 on page 18 the following:

"(2) Subsection 40(3) of the Act is replaced by the following:

Review panels established jointly with another jurisdiction

(3) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act and a jurisdiction referred to in paragraph (1)(e) or (f) has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with that jurisdiction respecting the joint establishment of a review panel and the manner in which the environmental assessment of the project is to be conducted by the review panel."

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

Brian Masse moved, -- That Bill C-9, in Clause 20, be amended by adding after line 33 on page 18 the following:

“(c) for greater certainty, shall ensure that any matters with respect to paragraph (a) or (b) shall meet or exceed the environmental assessment processes for projects as set out in this Act.”

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

Clause 20, as amended, carried.

By unanimous consent, the Committee reverted to Clause 19, as amended.

Clause 19, as amended, carried.

On Clause 22,

Karen Redman moved, -- That Bill C-9, in Clause 22, be amended by replacing, in the French version, lines 37 to 41 on page 18 and lines 1 to 5 on page 19 with the following:

"Effets interprovinciaux

46. (1) S'il est d'avis qu'un projet qui doit être mis en oeuvre dans une province et à l'égard duquel aucune des attributions visées à l'article 5 ne doit être exercée par une autorité fédérale peut entraîner des effets environnementaux négatifs importants dans une autre province, le ministre peut, conformément à l'article 29, renvoyer à un médiateur ou à une commission l'évaluation de ces effets dans cette autre province."

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

Clause 22, as amended, carried.

On Clause 23,

Brian Masse moved, -- That Bill C-9, in Clause 23, be amended by replacing line 17 on page 19 with the following:

“lands, the Minister or the Minister of Foreign”

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

After debate, Clause 23 carried.

Clause 24, as amended, carried.

On Clause 25,

Karen Redman moved, -- That Bill C-9, in Clause 25, be amended by replacing lines 3 to 11 on page 21 with the following:

"Exception

(3) For greater certainty, if a federal authority will be required to exercise a power or perform a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) - in relation to a project in respect of which an agreement or arrangement referred to in subsection (1) or (2) applies - after the essential details of the project are specified

(a) subsection (1) or (2), as the case may be, does not apply in respect of the agreement or arrangement; and

(b) section 5 or 10.1, as the case may be, applies."

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

Clause 25, as amended, carried.

On Clause 26, as amended,

At 11:01 a.m., the sitting was suspended.

At 11:17 a.m., the sitting was resumed.

John Herron moved, -- That Bill C-9, in Clause 26, be amended by adding after line 31 on page 22 the following:

“(o.1) notice of a decision made by a responsible authority under subsection 38(1);”

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

Karen Kraft Sloan moved, -- That Bill C-9, in Clause 26, be amended

(a) by replacing, in the English version, line 42 on page 22 with the following:

“provided;”

(b) by adding after line 44 on page 22 the following:

“(s) all scientific, technical or planning documents prepared to assess the whole or any part of the project;

(t) an index of all Registry documents, including notice of any changes, alterations or deletions of any Registry documents; and

(u) any report relating to the assessment, including technical or scientific reports.”

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

Gary Lunn moved, -- That Bill C-9, in Clause 26, be amended by adding after line 44 on page 22 the following:

“(2.1) A responsible authority shall ensure that the statement referred to in paragraph (2) (c) is included in the Registry every three months or within any other reasonable frequency period, but providing that period is not more than three months, to which the authority agrees with the Agency.”

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

Karen Kraft Sloan moved, -- That Bill C-9, in Clause 26, be amended

(a) by replacing line 1 on page 23 with the following:

“(3) The Agency shall determine and notify the public”

(b) by replacing lines 8 to 12 on page 23 with the following:

“(d) what records and information are to be included in the Registry, in addition to any record referred to in subsection (2);

(e) when information is to be included in the Registry, provided such inclusion is at least 30 days before any decision is taken by a responsible authority, the Minister or the Agency;

(f) when information may be removed from the Registry; and

(g) how access to the Registry is to be provided.”

The result of the vote was announced.

The Chair voted in the affirmative.

Accordingly, the amendment carried.

After debate, Clause 26, as amended, stood.

At 11:55 a.m., the Committee adjourned to the call of the Chair.

Eugene Morawski
Clerk of the Committee