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MINUTES OF PROCEEDINGS

Meeting No. 60

Tuesday, February 12, 2013

The Standing Committee on Aboriginal Affairs and Northern Development met at 8:46 a.m. this day, in Room 228, La Promenade Building, the Chair, Chris Warkentin, presiding.

Members of the Committee present: Stella Ambler, Hon. Carolyn Bennett, Dennis Bevington, Ray Boughen, Rob Clarke, Jean Crowder, Jonathan Genest-Jourdain, Carol Hughes, Greg Rickford, Kyle Seeback, Chris Warkentin and David Wilks.

In attendance: House of Commons: Philippe Méla, Legislative Clerk . Library of Parliament: Norah Kielland, Analyst ; Tonina Simeone, Analyst.

Witnesses: Department of Justice: Tom Isaac, Senior Counsel, Negotiations, Northern Affairs and Federal Interlocutor. Department of Indian Affairs and Northern Development: Paula Isaak, Director General, Natural Resources and Environment Branch; Todd Keesey, Policy Analyst, Resource Policy and Programs Directorate; Janice Traynor, Environmental Policy Analyst, Environmental Policies and Studies, Northern Affairs.

Pursuant to the Order of Reference of Monday, November 26, 2012, the Committee resumed consideration of Bill C-47, An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts.

The witnesses answered questions.

The Committee resumed its clause-by-clause study of the Bill.

The Committee resumed clause-by-clause consideration on Clause 2 of the Bill.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended

(a) by replacing line 29 on page 45 to line 4 on page 46 with the following:

“99. (1) The Board may, in the course of reviewing information provided under section 101, or at any later stage prior to concluding its review, include a further work or activity, or exclude a previously included work or activity, in the scope of the project to be reviewed according to whether or not the work or activity is sufficiently related to the project to form part of it.”

(b) by replacing, in the English version, line 12 on page 46 with the following:

“subsection (1), it must not proceed with the”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 19 to 30 on page 46 with the following:

“makes no inclusion under subsection 99(1) or if it makes an inclusion under that subsection and

(a) the Minister has granted a sufficient exemption or the Commission has determined that the entire project conforms to the applicable land use plan or has approved a sufficient minor variance; and

(b) the project has been resubmitted to the responsible Minister, who has determined, in accordance with the applicable criteria provided in section 94, that the review should be conducted by the Board.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 6 and 7 on page 49 with the following:

“(a) confidential, personal or privileged information; or”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill C-47, in Clause 2, be amended by replacing lines 35 and 36 on page 61 with the following:

“(a) confidential, personal or privileged information; or”

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 12 on page 51 with the following:

“community knowledge that is provided to it, and must make reasonable efforts to take into account any such knowledge that is available to it in documented form.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill C-47, in Clause 2, be amended by replacing line 3 on page 64 with the following:

“community knowledge that is provided to the Board, and must make reasonable efforts to take into account any such knowledge that is available to it in documented form.”

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 15 and 16 on page 55 with the following:

“has issued if the responsible Minister determines that any of paragraphs (1)(a) to (c)”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended

(a) by replacing lines 22 to 35 on page 58 with the following:

“may, in the course of reviewing information provided under section 120 or at any later stage prior to concluding the review, include a further work or activity, or exclude a previously included work or activity, in the scope of the project to be reviewed according to whether or not the work or activity is sufficiently related to the project to form part of it.”

(b) by replacing, in the English version, line 44 on page 58 with the following:

“an inclusion under subsection (1), the panel”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 5 to 13 on page 59 with the following:

“Minister of the Environment has made no inclusion under subsection 118(1) or has made an inclusion under that subsection and

(a) he or she has granted a sufficient exemption or the Commission has determined that the entire project conforms to the applicable land use plan or has approved a sufficient minor variance; and

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by adding after line 8 on page 68 the following:

“134.1 For greater certainty, section 134 does not apply to any ministerial powers, duties or functions relating to a land use plan applicable to a project.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Dennis Bevington moved, — That Bill C-47, in Clause 2, be amended by adding after line 8 on page 68 the following:

“(2) For greater certainty, subsection (1) does not preclude the granting of a minor variance or a ministerial exemption in respect of a project.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 33 on page 69 with the following:

“137. (1) Without restricting the generality of section 136, each regulatory authority must, to”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 9 on page 72 with the following:

“of any modification to a project that is or may be significant, and that”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Dennis Bevington moved, — That Bill C-47, in Clause 2, be amended

(a) by replacing line 9 on page 72 with the following:

“of any modification to a project that”

(b) by replacing lines 14 and 15 on page 72 with the following:

“(1.1) On receipt of a notice under subsection (1), the Commission must notify every applicable regulatory authority and assess the modification.

(2) If the Commission determines that the modification is significant, the assessment of the original project is”

“141.1 (1) A regulatory authority that receives a notice respecting a modification to a project must notify the Commission.

(2) The Commission must assess the modification and, if the Commission determines that the modification is significant, an assessment of the modified project must be carried out under this Part as if the Commission had received a project proposal under section 76.”

(d) by replacing line 31 on page 72 with the following:

“the proponent has made a modifica-”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 14 and 15 on page 72 with the following:

“(2) On receipt of a notice under subsection (1), or where the Commission, the Board, a federal environmental assessment panel or a joint panel, as the case may be, determines that the proponent has made a significant modification to a project that is under assessment under this Part, the assessment of the original project is”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 26 to 40 on page 72 with the following:

“142. (1) Each regulatory authority that receives a project proposal from the Commission or Board under section 200 during or after an assessment but before its authorization is issued must, as soon as is practicable, provide the Commission or Board, as the case may be, with a copy of any application for authorization that the regulatory authority has received in which the project description is materially different from that contained in the project proposal.

(2) The Commission, Board, or panel, as the case may be, must notify the proponent if it receives, pursuant to subsection (1), a copy of an application for authorization that contains a significantly modified description of the project.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 30 on page 99 to line 21 on page 100 with the following:

“197. (1) If the Commission, a responsible authority, the Board, a federal environmental assessment panel, a joint panel or the responsible Minister, as the case may be, considers any information or knowledge, including traditional knowledge, to be necessary to the exercise of its powers or performance of its duties or functions, it may request a regulatory authority or a department or agency or municipality that is not a regulatory authority that is in possession of such information or knowledge to provide it, subject to any restrictions on such disclosure that are provided for in the Access to Information Act, the National Defence Act or the Security of Information Act.

(1.1) For greater certainty, the Commission and Board may not be prevented from obtaining information or knowledge from a department that is available to another department.

(2) If a regulatory authority or a department or agency or municipality that is not a regulatory authority has a discretion under the Access to Information Act, the National Defence Act or the Security of Information Act to refuse to disclose the information or knowledge requested, any such discretion must be exercised taking into account the objectives of the Agreement.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 35 to 37 on page 100 with the following:

“77 or 80, subsection 81(2), 85(1), 142(1) or 144(2), section 175 or subsection 177(2), as well as with any conclusion that it reaches under subsection 78(1);”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by adding after line 37 on page 100 the following:

“(a.1) the regulatory authorities identified by the proponent with a copy of the project proposal as soon as is practicable following receipt of the completed proposal;

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Carolyn Bennett moved, — That Bill C-47, in Clause 2, be amended by adding after line 5 on page 120 the following:

“236. (1) Five years after the coming into force of this section, the federal Minister must undertake a review of the provisions and operation of this Act, including an assessment of the resources allocated to its administration and enforcement.

(2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.”

After debate, the question was put on the amendment of Carolyn Bennett and it was negatived on the following recorded division: YEAS: Carolyn Bennett, Dennis Bevington, Jean Crowder, Jonathan Genest-Jourdain, Carol Hughes — 5; NAYS: Stella Ambler, Ray Boughen, Rob Clarke, Greg Rickford, Kyle Seeback, David Wilks — 6.

Dennis Bevington moved, — That Bill C-47, in Clause 2, be amended by adding after line 5 on page 120 the following:

“236. (1) Within five years after this Act comes into force, a comprehensive review of the provisions and operation of this Act must be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established for that purpose.

(2) The committee must, within one year after a review is undertaken pursuant to subsection (1), submit a report to Parliament including a statement of any changes the committee recommends.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 2 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 3 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 4 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 5 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 6 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 7 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 8 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 9 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 10 carried by a show of hands: YEAS: 6; NAYS: 5.

On Clause 11,

Dennis Bevington moved, — That Bill C-47, in Clause 11, be amended by adding after line 16 on page 129 the following:

“(1.1) The Board does not have jurisdiction in respect of any lands that are subject to a withdrawal order made under paragraph 23(a) of the Territorial Lands Act or under any other applicable legislation.”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Dennis Bevington moved, — That Bill C-47, in Clause 11, be amended by adding after line 16 on page 129 the following:

“(1.1) The Board does not have jurisdiction in respect of any lands that are within a municipality.”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Dennis Bevington moved, — That Bill C-47, in Clause 11, be amended by replacing line 31 on page 130 with the following:

“respect of lands, the environment and Aboriginal”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Dennis Bevington moved, — That Bill C-47, in Clause 11, be amended by adding after line 8 on page 158 the following:

“82.1 Despite any other provision of this Act, the Board may refuse to grant any application for access under this Act.”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Dennis Bevington moved, — That Bill C-47, in Clause 11, be amended by adding after line 8 on page 158 the following:

“82.1 For greater certainty, the Board may specify in an access order made under this Act that access to particular lands or waters must only take place

(a) by air;

(b) by means of specified air corridors; and

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Dennis Bevington moved, — That Bill C-47, in Clause 11, be amended by adding after line 17 on page 158 the following:

“83.1 Where the Board issues an order following a hearing under this Act, the Board may require any individual, entity, organization or government that was a party to the hearing to provide security in the manner and amount specified by the Board for the purpose of ensuring compliance with the terms of the order.”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Carolyn Bennett moved, — That Bill C-47, in Clause 11, be amended by adding after line 31 on page 164 the following:

“102. (1) Five years after the coming into force of this section, the Minister must undertake a review of the provisions and operation of this Act, including an assessment of the resources allocated to its administration and enforcement.

(2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.”

After debate, the question was put on the amendment of Carolyn Bennett and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 11 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 12 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 13 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 14 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 15 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 16 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 17 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 18 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 19 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 20 carried by a show of hands: YEAS: 6; NAYS: 5.

The Schedule carried by a show of hands: YEAS: 6; NAYS: 5.

At 9:49 a.m., the sitting was suspended.

At 9:52 a.m., the sitting resumed.

On Short Title,

Dennis Bevington moved, — That Bill C-47, in Clause 1, be amended by replacing lines 4 and 5 on page 1 with the following:

“1. This Act may be cited as the Implementation of Northern Land Claim Agreements Act.”

The Chair ruled the proposed amendment inadmissible because it sought to amend the title of the Bill that, as provided on pages 770-771 of House of Commons Procedure and Practice, Second Edition, may only be amended if necessitated by other amendments made to the Bill.

The Short Title carried by a show of hands: YEAS: 6; NAYS: 5.

The Title carried by a show of hands: YEAS: 6; NAYS: 5.

The Bill carried by a show of hands: YEAS: 11; NAYS: 0.

ORDERED, — That the Chair report the Bill to the House carried by a show of hands: YEAS: 11; NAYS: 0.

At 9:56 a.m., the Committee adjourned to the call of the Chair.

Jean-Marie David
Clerk of the Committee

2013/02/14 11:16 a.m.