ENVI Committee Meeting

The Standing Committee on Environment and Sustainable Development met at 6:59 p.m. this day, in Room 268, La Promenade Building, the Chair, Harold Albrecht, presiding.

It was agreed, — That, notwithstanding the decision made by the Committee on June 13, 2013, the Committee move immediately to clause-by-clause consideration of Bill S-15, An Act to amend the Canada National Parks Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to the Canada Shipping Act, 2001, following the witness testimony on June 17, 2013.

Chris Miller and Mark Butler, by teleconference from Halifax, Nova Scotia, Zoe Lucas, by teleconference from Sable Island, Nova Scotia, the Hon. Leonard Preyra, Stuart Pinks, Andrew Barry and Alison Woodley made statements and, with the other witnesses, answered questions.

At 8:47 p.m., the sitting was suspended.

At 8:55 p.m., the sitting resumed.

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

Pursuant to Standing Order 75(1), consideration of the Preamble and Clause 1, Short Title, were postponed.

The Chair called Clause 2.

Clause 2 carried.

On Clause 3,

Pursuant to the order adopted by the Committee on Thursday, June 13, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-15, in Clause 3, be amended by replacing line 7 on page 3 with the following:

“41.2 (1) Pending consultation with First Nations and the general public, existing leases, easements and li-”

RULING BY THE CHAIR

Bill S-15 amends the Canada National Parks Act to ensure the continuity of “existing leases, easements and licences of occupation in or on Sable Island National Park Reserve of Canada”.

This amendment proposes to subject the continuity to “pending consultations with First Nations and the general public”.

As House of Commons Procedure and Practice, second edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, this condition is contrary to the provisions of clause 3 of Bill S-15 and is therefore inadmissible.

By unanimous consent, it was agreed, — That the result of the decision on the admissibility of the previous amendment be applied to the following amendment:

That Bill S-15, in Clause 3, be amended by replacing line 21 on page 3 with the following:

“of Canada that, following consultation with First Nations, is authorized by the Canada-”

Clause 3 carried.

Clause 4 carried.

Clause 5 carried.

On Clause 6,

Pursuant to the order adopted by the Committee on Thursday, June 13, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-15, in Clause 6, be amended by replacing line 23 on page 4 with the following:

“activity related to the exploration or drilling for petroleum,”

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

Pursuant to the order adopted by the Committee on Thursday, June 13, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-15, in Clause 6, be amended by replacing line 24 on page 4 with the following:

“including exploratory drilling for petroleum or the establishment of any facilities related to petroleum exploration or production, except those limited exclusively to emergency evacuation capacity, in”

RULING BY THE CHAIR

Bill S-15 amends the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act by prohibiting “any work or activity related to the drilling for petroleum”.

This amendment would permit the “establishment of any facilities related to […] emergency evacuation” without the Board’s authorization.

As House of Commons Procedure and Practice, second edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, this amendment is contrary to the provisions of clauses 6 and 8 of Bill S-15 and is therefore inadmissible.

Pursuant to the order adopted by the Committee on Thursday, June 13, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-15, in Clause 6, be amended by replacing lines 24 and 25 on page 4 with the following:

“including exploratory drilling for petroleum and the use of directional drilling technology in Sable Island National Park Reserve of Canada, above ground or underground,”

The question was put on the amendment and it was negatived by a show of hands: YEAS: 5; NAYS: 6.

Pursuant to the order adopted by the Committee on Thursday, June 13, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-15, in Clause 6, be amended by replacing lines 24 and 25 on page 4 with the following:

“including exploratory drilling for petroleum and the use of hydraulic fracturing, in Sable Island National Park Reserve of Canada, above ground or underground,”

The question was put on the amendment and it was negatived by a show of hands: YEAS: 5; NAYS: 6.

“including exploratory drilling for petroleum in Sable Island National Park Reserve of Canada, above ground or underground,”

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

“Sable Island National Park Reserve of Canada, above ground or underground”

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

Clause 6 carried.

On Clause 7,

Pursuant to the order adopted by the Committee on Thursday, June 13, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-15, in Clause 7, be amended

(a) by replacing lines 1 and 2 on page 5 with the following:

“(2) The Minister responsible for the Parks Canada Agency shall, within 60 days after the day on which he or she received the”

(b) by replacing line 7 on page 5 with the following:

“Reserve of Canada and may, at the Minister's discretion, request that the Board decline to issue the authorization.”

After debate, the question was put on the amendment and it was negatived by a show of hands: YEAS: 4; NAYS: 6.

“advice that it receives under subsection (2). It shall not issue the authorization if the advice indicates that the proposed work or activity would have a significant negative impact on the management of the surface of Sable Island National Park Reserve of Canada unless

(a) it is possible to prevent this impact by the implementation of mitigation or remedial measures; and

(b) a requirement to implement such measures is included as a term or condition of the authorization.”

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

Clause 7 carried.

On Clause 8,

Pursuant to the order adopted by the Committee on Thursday, June 13, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-15, in Clause 8, be amended by deleting lines 26 to 28 on page 5.

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

“142.11 (1) Before a memorandum of understanding is concluded between the Board and the Parks Canada Agency under section 46, the Minister of the Environment shall lay the proposed memorandum before each House of Parliament.

(2) A proposed memorandum that is laid before Parliament shall be referred to the appropriate committee of each House, as determined by the rules of that House, and the committee shall review the proposed memorandum and report its findings to the House.

(3) The committee of the House of Commons referred to in subsection (2) shall be the Standing Committee on Environment and Sustainable Development or, in the event that there is not a Standing Committee on Environment and Sustainable Development, the appropriate committee of the House.

(4) The Minister of the Environment shall take into account any report of the committee of either House. If a memorandum does not incorporate a recommendation of the committee of either House, the Minister shall lay before that House a statement of the reasons for not incorporating it.”

Debate arose thereon.

RULING BY THE CHAIR

Bill S-15 amends the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to restrict surface access rights provided for under that Act and to provide for the issuance of licenses and authorizations with respect to activities that may be carried out in Sable Island National Park Reserve of Canada.

This amendment proposes to lay any proposed memorandum of understanding concluded between the board and the Parks Canada Agency under section 46 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, before each House of Parliament.

As House of Commons Procedure and Practice, second edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, the amendment attempts to introduce a new concept that is beyond the scope of Bill S-15 and is therefore inadmissible.

Clause 8 carried.

Clause 9 carried.

Clause 10 carried.

Clause 11 carried.

Clause 12 carried.

Clause 13 carried.

Clause 14 carried.

Clause 15 carried.

On new Clause 15.1,

“PARLIAMENTARY REVIEW

15.1 Five years after this section comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing the operation of the provisions of this Act and the working relationship between the Parks Canada Agency and the Canada-Nova Scotia Offshore Petroleum Board.”

Debate arose thereon.

RULING BY THE CHAIR

Bill S-15 amends the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act by prohibiting drilling for petroleum, restricting surface access rights and by providing for the issuance of licenses and authorizations with respect to activities that may be carried out in Sable Island National Park Reserve of Canada.

The proposed amendment aims to also “review the working relationship between the Parks Canada Agency and the Canada-Nova Scotia Offshore Petroleum Board”.

As House of Commons Procedure and Practice, second edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, reviewing the “working relationship between the Parks Canada Agency and the Canada-Nova Scotia Offshore Petroleum Board” is beyond the scope of Bill S-15 and is therefore inadmissible.

Clause 16 carried.

Clause 1, Short Title, carried.

On Preamble,

“And whereas the Governments of Canada and Nova Scotia recognize that the establishment of Sable Island National Park Reserve of Canada in the midst of an active oil and gas field is a unique situation and one that will not be used as a precedent for creating national parks or park reserves in areas of oil and gas exploration or for allowing oil and gas exploration in any such parks or reserves;”

Debate arose thereon.

RULING BY THE CHAIR

The amendment seeks to make a substantive modification by adding new elements to the preamble.

As House of Commons Procedure and Practice, second edition, states on page 770:

“In the case of a bill that has been referred to committee after second reading, a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill. In addition, an amendment to the preamble is in order when its purpose is to clarify it or to ensure uniformity of the English and French versions.”

In the opinion of the Chair, the proposed amendment is substantive and is therefore inadmissible.

The Preamble carried.

The Title carried.

The Bill carried.

ORDERED, — That the Chair report the Bill to the House.

At 9:26 p.m., the Committee adjourned to the call of the Chair.