ENVI Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
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Minutes of Proceedings
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.
On Clause 2,
Wayne Stetski moved, — That Bill C-18, in Clause 2, be amended(a) by replacing line 15 on page 1 with the following:
“6 (1) The Park is dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act, and it must be maintained and made use of so as to leave it unimpaired for the enjoyment of future generations.
(2) Maintenance or restoration of ecological integrity,”
(b) by replacing line 19 on page 1 with the following:
“(3) For greater certainty, subsections (1) and (2) do not prevent”
After debate, the question was put on the amendment of Wayne Stetski and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.
“6 (1) Conservation or restoration must be the first priority of the Minister when”
After debate, the question was put on the amendment of Jim Eglinski and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
Pursuant to the order adopted by the Committee on Tuesday, May 10, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-18, in Clause 2, be amended by replacing lines 18 to 21 on page 1 with the following:
“considering all aspects of the management of the Park, including the carrying out of agricultural activities and their impact on watershed health and the health of the Park's natural ecosystems.”
After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.
Clause 2 carried by a show of hands: YEAS: 9; NAYS: 0.
On new Clause 2.1,
Wayne Stetski moved, — That Bill C-18 be amended by adding after line 21 on page 1 the following new clause:“2.1 Section 8 of the Act is replaced by the following:
8 The Minister must establish a committee to advise the Minister on the management of the Park. The advisory committee may include representatives from local governments or Aboriginal or regional organizations, as well as representatives from organizations — including conservation organizations — and experts that the Minister considers appropriate.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.
“2.1 Subsections 9(2) and (3) of the Act are replaced by the following:
(2) The management plan must set out a management approach, by area, that includes the following:
(a) ecological integrity objectives and indicators as well as provisions for the protection, conservation and restoration of the Park's ecosystems;
(b) measures for the protection and presentation of Aboriginal and other cultural heritage;
(c) measures for the presentation of agricultural heritage and the encouragement of sustainable farming practices; and
(d) environmental guidelines for the installation and maintenance of infrastructure, buildings and other improvements.
(3) The Minister must review the management plan at least every five years and must cause to be tabled in each House of Parliament a report on the state of the park and the progress that has been made towards achieving the objectives provided for under subsections (1) and (2), as well as any amendments to the management plan.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.
“2.1 Section 12 of the Act is renumbered as subsection 12(1) and is amended by adding the following:
(2) Before issuing a permit or authorization under subsection (1), the superintendent must
(a) ensure that a thorough assessment of the environmental impact of the proposed activity has been conducted;
(b) ensure that there has been meaningful consultation with Aboriginal organizations, stakeholders and the general public; and
(c) be satisfied that all reasonable measures will be taken to avoid or mitigate any adverse environmental impact that may result from the proposed activity, including in relation to the Park's ecological integrity.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.
“2.1 Section 16 of the Act is amended by adding the following after subsection (1):
(1.1) A disposal may be made under subsection (1) only if the Governor in Council is satisfied that
(a) there is no reasonable alternative to the disposal;
(b) cost is not the sole or primary justification for the disposal; and
(c) the environmental impact of the installation or maintenance of public infrastructure has been taken into consideration and all reasonable measures will be taken to mitigate any adverse environmental impact that may result, including in relation to the Park's ecological integrity.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.
Clause 3 carried.
Clause 4 carried.
Clause 5 carried.
Clause 6 carried.
By unanimous consent, the Committee reverted to Clause 1 previously stood.
On Clause 1,
The Committee resumed consideration of the amendment of Ed Fast, — That Bill C-18, in Clause 1, be amended by replacing lines 7 to 12 on page 1 with the following:
“conservation means, the protection, care, management and maintenance of ecosystems, habitats, wildlife species and populations, within and outside of their natural environment, in order to safeguard the natural conditions for their long-term permanence. (conservation)”
RULING BY THE CHAIR
The amendment seeks to make a substantive modification to a definition in the interpretation clause. Definitions can only be amended if the bill has been amended in a way that requires such a change.
As House of Commons Procedure and Practice, Second Edition, states on page 769:
“The interpretation clause of a bill is not the place to propose a substantive amendment to a bill. In addition, an amendment to the interpretation clause of a bill that was referred to a committee after second reading must always relate to the bill and may neither exceed the scope of nor be contrary to the principle of the bill.”
No amendments were adopted elsewhere in Bill C-18 that would justify a change to the interpretation clause. In the opinion of the Chair, the proposed amendment is a substantive amendment, therefore the amendment inadmissible.
Clause 1 carried by a show of hands: YEAS: 6; NAYS: 3.
The Title carried by a show of hands: YEAS: 9; NAYS: 0.
The Bill carried by a show of hands: YEAS: 9; NAYS: 0.
ORDERED, — That the Chair report the Bill to the House.
At 4:18 p.m., the sitting was suspended.
At 4:32 p.m., the sitting resumed in camera.
The Committee commenced consideration of a draft report.
It was agreed, — That the members submit recommendations for inclusion in the draft report to the Clerk of the Committee by Monday, January 16, 2017.
At 5:05 p.m., the Committee adjourned to the call of the Chair.