ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 6

Tuesday, December 3, 2002

The Standing Committee on Environment and Sustainable Development met at 9:10 a.m. this day, in Room 371, West Block, the Chair, The Hon. Charles L. Caccia, presiding.

Members of the Committee present: Roy Bailey, Bernard Bigras, The Hon. Charles L. Caccia, John Herron, Nancy Karetak-Lindell, Karen Kraft Sloan, Gary Lunn, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer, Alan Tonks.

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

On Clause 19,

The witnesses answered questions.

Clause 19, as amended, stood.

Clause 20 stood.

Clause 21 carried.

On Clause 22,

Karen Kraft Sloan moved, -- That Bill C-9, in Clause 22, be amended by adding after line 6 on page 19 the following:

"(2) Section 46 of the Act is amended by adding the following after subsection (5):

(6) For the purposes of this section and section 47, "project" has the same meaning as in subsection 2(1) and, for greater certainty, includes any related physical work and construction, operation, modification, decommissioning, abandonment or other undertaking proposed by the proponent."

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

After debate, Clause 22 stood.

Clause 23 stood.

On Clause 24,

Karen Redman moved, -- That Bill C-9, in Clause 24, be amended

(a) by replacing, in the French version, line 31 on page 19 with the following:

"environnementaux négatifs importants "

(b) by replacing, in the French version, line 41 on page 19 with the following:

"environnementaux négatifs importants à"

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

Karen Redman moved, -- That Bill C-9, in Clause 24, be amended by adding after line 32 on page 19 the following:

"(1.1) Paragraph 48(1)(b) of the Act is replaced by the following:

(a.1) a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act,

(b) federal lands other than those mentioned in paragraph (a) or (a.1),

(1.2) Section 48 of the Act is amended by adding the following after subsection (1):

Ecological integrity

(1.1) In deciding whether or not a project may cause significant adverse environmental effects on a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act, the Minister shall take into account its ecological integrity, as that expression is defined in that subsection."

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

Karen Redman moved, -- That Bill C-9, in Clause 24, be amended by adding after line 39 on page 19 the following:

"(2.1) Paragraph 48(3)(c) of the Act is replaced by the following:

(c) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to the agreement or claim - or that party's successor - that was, or was acting on behalf of, an aboriginal people or group, or"

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

Karen Redman moved, -- That Bill C-9, in Clause 24, be amended by replacing lines 10 to 12 on page 20 with the following:

"graph (1)(c) or (e) or (2)(b), the party to the agreement or claim - or that party's successor - that was, or was acting on behalf of, an aboriginal people or group; and"

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

Karen Kraft Sloan moved, -- That Bill C-9, in Clause 24, be amended by adding after line 17 on page 20 the following:

“(4) Section 48 of the Act is amended by adding the following after subsection (7):

(8) Where the minister responsible for the administration of the Canada National Parks Act is of the opinion that a project may cause an adverse environmental effect on a park or on a park reserve under the Canada National Parks Act or areas under consideration by that minister for designation as a park or a park reserve under the Canada National Parks Act, or on wildlife that frequents such areas, or on air or water affecting such areas, the minister shall ensure that a comprehensive study of the environmental effects of the project on these areas is conducted under section 21 regardless of whether the project is described in the comprehensive study list.

(9) Where the minister responsible for the administration of the Canada National Parks Act is of the opinion that a project may cause a significant adverse environmental effect on a park or on a park reserve under the Canada National Parks Act or areas under consideration by that minister for designation as a park or a park reserve under the Canada National Parks Act, or on wildlife that frequents such areas, or on air or water affecting such areas, the minister shall refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project on those areas.

(10) Subsection (5) and sections 49, 50, 51 and 53 apply, with such modifications as the circumstances require, where authority is exercised pursuant to subsections (8) or (9).”

After debate, the question being put on the amendment, it was negatived on the following recorded division:

After debate, Clause 24 stood.

On Clause 25,

John Herron moved, -- That Bill C-9, in Clause 25, be amended by replacing lines 33 and 34 on page 20 with the following:

“Canada or the federal authority shall ensure, subject to any other”

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

After debate, Clause 25 stood.

On Clause 26,

At 11:02 a.m., the Committee adjourned to the call of the Chair.

Eugene Morawski
Clerk of the Committee