ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 9

Monday, December 9, 2002

The Standing Committee on Environment and Sustainable Development met at 3:40 p.m. this day, in Room 308, West Block, the Chair, The Hon. Charles L. Caccia, presiding.

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

Acting Member present: Rodger Cuzner for Hélène Scherrer.

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 2.

The witnesses answered questions.

On Clause 2,

Karen Kraft Sloan moved, -- That Bill C-9, in Clause 2, be amended

(a) by replacing line 22 on page 2 with the following:

"2. (1) The portion of section 4 of the Act before paragraph (b) is replaced by the following:

4. (1) The purposes of this Act are

(a) to ensure that projects are considered in a careful and precautionary manner before federal authorities take action in connection with them, in order to ensure that such projects do not cause significant adverse environmental effects;

(2) Subsection 4(1) of the Act is amended by"

(b) by adding after line 31 on page 2 the following:

"(3) Paragraph 4(1)(d) of the Act is replaced by the following:

(d) to ensure that there be opportunities for timely and meaningful public participation throughout the environmental assessment process.

(4) Section 4 of the Act is amended by adding the following after subsection (1):

(2) In the administration of this Act, the Government of Canada, the Minister, the Agency and all bodies subject to the provisions of this Act, including federal authorities and responsible authorities shall exercise their powers in a manner that protects the environment and human health and applies the precautionary principle."

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

Karen Redman moved, -- That Bill C-9, in Clause 2, be amended by replacing, in the French version, lines 33 and 34 on page 2 with the following:

"bles et les peuples autochtones en matière d'évaluation environnementale;"

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

Joe Comartin moved, -- That Bill C-9, in Clause 2, be amended by adding after line 31 on page 2 the following:

“(2) Section 4 of the Act is renumbered as subsection 4(1) and is amended by adding the following:

(2) For greater certainty, cooperation and coordinated actions between federal and provincial governments with respect to environmental assessment processes for projects shall meet or exceed the environmental assessment standards for projects as set out in this Act.”

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

After debate, Clause 2, as amended, carried.

On Clause 3,

Karen Redman moved, -- That Bill C-9, in Clause 3, be amended by replacing lines 3 and 4 on page 3 with the following:

"to in paragraph 8(1.1)(b), 9(2)(b), 9.1(2)(b) or 10(1)(b) - in relation to a project and the"

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

Bernard Bigras moved, -- That Bill C-9, in Clause 3, be amended by adding after line 7 on page 3 the following:

“(3) Section 7 of the Act is amended by adding the following after subsection (2):

(3) Where an environmental assessment is not required under paragraph (1)(b) or (c), the responsible authority shall ensure that the assessment is conducted when the emergency has ceased to exist.”

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

After debate, Clause 3, as amended, carried.

Clause 4 was negatived.

Clause 5 and 6 stood.

On Clause 7,

Joe Comartin moved, -- That Bill C-9, in Clause 7, be amended by replacing lines 16 to 18 on page 7 with the following:

“(3) The order continues to have effect unless, within 14 days after it is made, it is disapproved by the Governor in Council.”

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

After debate, Clause 7, as amended, carried.

Clause 8 stood.

Clause 9, as amended, carried.

On Clause 12,

Joe Comartin moved, -- That Bill C-9, in Clause 12, be amended by replacing lines 15 to 18 on page 13 with the following:

"ity in ensuring the implementation of any mitigation measure referred to in paragraph (1)(a)."

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

After debate, Clause 12, as amended, carried.

On Clause 13,

Karen Redman moved, -- That Bill C-9, in Clause 13, be amended

(a) by replacing lines 29 to 37 on page 13 with the following:

"Public consultation

21. (1) Where a project is described in the comprehensive study list, the responsible authority shall ensure public consultation with respect to the proposed scope of the project for the purposes of the environmental assessment, the factors proposed to be considered in its assessment, the proposed scope of those factors and the ability of the comprehensive study to address issues relating to the project.

Report and recommendation

(2) After the public consultation, as soon as it is of the opinion that it has sufficient information to do so, the responsible authority shall

(a) report to the Minister regarding

(i) the scope of the project, the factors to be considered in its assessment and the scope of those factors,"

(b) by replacing lines 8 to 10 on page 14 with the following:

"authority must report under paragraph 21(2)(a) and the recommendation of the responsible authority under paragraph 21(2)(b), shall, as the"

(c) by replacing line 30 on page 14 with the following:

"under subsection 21(1) and section 22, to participate in the"

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

Gary Lunn moved, -- That Bill C-9, in Clause 13, be amended by replacing lines 38 and 39 on page 13 with the following:

“project, the scope of the project, the factors to be considered in its assessment, and the scope of those factors,”

After debate, by unanimous consent, the motion was withdrawn.

At 5:25 p.m., the Committee adjourned to the call of the Chair.

Eugene Morawski
Clerk of the Committee