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FOPO 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

42nd Parliament, 1st Session
Meeting No. 81
Thursday, December 7, 2017, 8:47 a.m. to 12:08 p.m.
Presiding
Scott Simms, Chair (Liberal)

• Elizabeth May (Green Party)
• Hon. Hunter Tootoo (Independent)
House of Commons
• Julie Geoffrion, Procedural Clerk
• Philippe Méla, Legislative Clerk
• William Stephenson, Legislative Clerk
 
Library of Parliament
• Thai Nguyen, Analyst
• Daniele Lafrance, Analyst
Department of Fisheries and Oceans
• Darren Goetze, Director General, Conservation and Protection
• Jeff MacDonald, Director General, Oceans Management
Department of Natural Resources
• Terence Hubbard, Director General, Petroleum Resources Branch, Energy Sector
• Candace Newman, Senior Policy Advisor
Pursuant to the Order of Reference of Tuesday, October 17, 2017, the Committee resumed consideration of Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act.

Jeff MacDonald and Darren Goetze answered questions.

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

The Chair called Clause 1.

Clause 1 carried.

Clause 2 carried.

Clause 3 carried.

On Clause 4,

By unanimous consent, the Committee accepted the following amendment from Elizabeth May:

That Bill C-55, in Clause 4, be amended by adding after line 22 on page 1 the following:

“(1.1) Section 35(1) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

(f) the conservation and protection of marine areas for the purpose of maintaining ecological integrity.

(1.2) Section 35 of the Act is amended by adding the following after subsection (1):

(1.1) For the purpose of paragraph (1)(f), ecological integrity means a condition in which

(a) the structure, composition and function of ecosystems are undisturbed by any human activity;

(b) natural ecological processes are intact and selfsustaining;

(c) ecosystems evolve naturally; and

(d) an ecosystem’s capacity for self-renewal and its biodiversity are maintained.”

After debate, the question was put on the amendment of Elizabeth May and it was agreed to.

Todd Doherty moved, — That Bill C-55, in Clause 4, be amended by replacing line 6 on page 2 with the following:

“national network of marine protected areas on behalf of the Gov-”

Debate arose thereon.

Ken McDonald moved, — That the amendment be amended by replacing, in the French version, the words “de zones de protection marine” with the words “d'aires marines protégées”.

At 9:34 a.m., the sitting was suspended.

At 9:41 a.m., the sitting resumed.

After debate, the question was put on the subamendment of Ken McDonald and it was agreed to.

The question was put on the amendment of Todd Doherty, as amended, and it was agreed to.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-55, in Clause 4, be amended by adding after line 7 on page 2 the following:

“(2.1) In performing his or her duties and functions under subsection (2), the Minister shall ensure that

(a) clearly identified objectives are set with regard to each protected area; and

(b) the network of protected areas covers diverse habitat types, biogeographic regions and environmental conditions.”

Debate arose thereon.

Ken Hardie moved, — That the amendment be amended by:

(a) adding the word “marine” after the word “each”;

(b) adding the word “marine” after the words “network of”.

After debate, the question was put on the subamendment of Ken Hardie and it was agreed to.

After debate, the question was put on the amendment of Elizabeth May, as amended, and it was agreed to.

Fin Donnelly moved, — That Bill C-55, in Clause 4, be amended by adding after line 7 on page 2 the following:

“(2.1) In performing his or her duties and functions under subsection (2), the Minister shall ensure that

(a) clearly identified objectives are set with regard to each network of protected areas;

(b) the networks of protected areas are representative of the diversity of the marine environment, including in respect of habitat types, biogeographic regions and environmental conditions;

(c) the determination of whether an area is to be included in a network is made on the basis of ecological criteria;

(d) each network is designed to prevent activities from being conducted that interfere with the ecosystem functions and the natural features of the protected areas within it; and

(e) the location, level of protection, size and number of protected areas and networks will allow each protected area to meet its objectives and allow each network as a whole to contribute to the conservation and protection of waters that form part of Canada or in which Canada has sovereign rights under international law.”

Debate arose thereon.

Ken Hardie moved, — That the amendment be amended by:

(a) adding the word “marine” after the words “network of”;

(b) adding the word “marine” after the words “networks of”.

After debate, the question was put on the subamendment of Ken Hardie and it was agreed to.

After debate, the question was put on the amendment of Fin Donnelly and it was negatived.

Clause 4, as amended, carried.

On Clause 5,

Todd Doherty moved, — That Bill C-55, in Clause 5, be amended by replacing line 26 on page 2 to line 3 on page 3 with the following:

eligible means, with respect to an activity in the area of the sea that is designated by an order made under subsection (2) as a marine protected area, that the activity has not been identified in the order as a prohibited activity.”

At 10:00 a.m., the sitting was suspended.

At 10:01 a.m., the sitting resumed.

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also negatived:

That Bill C-55, in Clause 5, be amended by replacing line 8 on page 3 with the following:

“(a) shall list the classes of activities that are eligible”

Todd Doherty moved, — That Bill C-55, in Clause 5, be amended

(a) by replacing line 29 on page 2 with the following:

“(a) was lawfully and sustainably carried out in the five years immediately”

(b) by replacing line 34 on page 2 with the following:

“(b) was lawfully and sustainably carried out in the five years immediately”

After debate, the question was put on the amendment of Todd Doherty and it was negatived on the following recorded division:

YEAS: Mel Arnold, Todd Doherty, Larry Miller — 3;

NAYS: Fin Donnelly, Pat Finnigan, Ken Hardie, Bernadette Jordan, Ken McDonald, Michael V. McLeod — 6.

Todd Doherty moved, — That Bill C-55, in Clause 5, be amended by replacing line 4 on page 3 with the following:

“(2) The Minister may, following a 60-day consultation period, by order, designate a marine pro-”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Hunter Tootoo for the consideration of the Committee, was deemed moved:

That Bill C-55, in Clause 5, be amended by replacing line 6 on page 3 with the following:

“a marine protected area under paragraph 35(3)(a), in a manner that is not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament and, in”

After debate, the question was put on the amendment of Hunter Tootoo and it was agreed to.

Todd Doherty moved, — That Bill C-55, in Clause 5, be amended by adding after line 9 on page 3 the following:

“(a.1) shall state the purpose of the designation;”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Todd Doherty moved, — That Bill C-55, in Clause 5, be amended by replacing line 13 on page 3 with the following:

“removes from that marine protected area any unique geological or archeological features or any living”

After debate, the question was put on the amendment of Todd Doherty and it was agreed to.

Todd Doherty moved, — That Bill C-55, in Clause 5, be amended by replacing line 28 on page 3 with the following:

“or a foreign state, or any Canadian individual, indigenous group or organization.”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Todd Doherty moved, — That Bill C-55, in Clause 5, be amended by replacing line 36 on page 3 with the following:

“(b) sustainable aquaculture and marine scientific research activities that are con-”

After debate, the question was put on the amendment of Todd Doherty and it was negatived on the following recorded division:

YEAS: Mel Arnold, Todd Doherty, Larry Miller — 3;

NAYS: Fin Donnelly, Pat Finnigan, Ken Hardie, Bernadette Jordan, Ken McDonald, Robert J. Morrissey — 6.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-55, in Clause 5, be amended by adding after line 40 on page 3 the following:

“35.11 A regulation made under subsection 35(3) or an order made under subsection 35.1(2) may prohibit the following activities:

(a) hydrocarbon and mineral exploration and development;

(b) renewable energy infrastructure development;

(c) marine finfish aquaculture;

(d) the use of bottom trawling fishing gear;

(e) the passage of Canadian and foreign ships; and

(f) the disposal of — or the causing or permitting of the disposal of — a substance.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-55, in Clause 5, be amended by adding after line 40 on page 3 the following:

“35.11 (1) A regulation made under subsection 35(3) or an order made under subsection 35.1(2) may prohibit extractive activities in all or part of the area of the sea that is designated by the regulation or order.

(2) For the purposes of subsection (1), extractive activity means an activity that removes or extracts any resource from the area and includes fishing.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived.

Fin Donnelly moved, — That Bill C-55, in Clause 5, be amended by adding after line 40 on page 3 the following:

“35.11 (1) A regulation made under section 35 after the day on which this section comes into force that designates a marine protected area or an order made under section 35.1 must provide that extractive activities are prohibited in at least 70% of the area of the sea that is designated by the regulation or order.

(2) For the purposes of subsection (1), extractive activity means an activity that removes or extracts any resource from the area and includes fishing.”

After debate, the question was put on the amendment of Fin Donnelly and it was negatived.

Fin Donnelly moved, — That Bill C-55, in Clause 5, be amended by adding after line 40 on page 3 the following:

35.11 No person shall conduct any of the following activities in a marine protected area that is designated under section 35 after the day on which this section comes into force or designated under section 35.1:

(a) hydrocarbon and mineral exploration and development;

(b) renewable energy infrastructure development;

(c) marine finfish aquaculture;

(d) the use of bottom trawling fishing gear; and

(e) the disposal of — or the causing or permitting of the disposal of — a substance.”

After debate, the question was put on the amendment of Fin Donnelly and it was negatived.

Todd Doherty moved, — That Bill C-55, in Clause 5, be amended by adding after line 40 on page 3 the following:

“(4) The Minister shall, within a year after the coming into force of this section and as soon as feasible after the end of each fiscal year after that, prepare and cause to be laid before both Houses of Parliament a report that

(a) focusses on the operation of this section;

(b) lists the marine protected areas designated during the relevant reporting period;

(c) sets out the extent to which the conservation objectives stated for each marine protected area designated under subsection (2) have been achieved; and

(d) sets out any recommendations for further steps to be taken in order to achieve the stated conservation objectives in relation to each marine protected area designated under subsection (2).”

After debate, the question was put on the amendment of Todd Doherty and it was negatived on the following recorded division:

YEAS: Mel Arnold, Todd Doherty, Fin Donnelly, Larry Miller — 4;

NAYS: Pat Finnigan, Ken Hardie, Bernadette Jordan, Ken McDonald, Robert J. Morrissey — 5.

At 11:12 a.m., the sitting was suspended.

At 11:17 a.m., the sitting resumed.

Todd Doherty moved, — That Bill C-55, in Clause 5, be amended by deleting line 41 on page 3 to line 4 on page 4.

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-55, in Clause 5, be amended by adding after line 4 on page 4 the following:

“(2) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Governor in Council and the Minister when exercising their powers or performing their duties and functions under section 35 or 35.1.

(3) For the purposes of subsection (2), ecological integrity means, with respect to an area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada, a condition in which

(a) the structure, composition and function of ecosystems are undisturbed by any human activity;

(b) natural ecological processes are intact and selfsustaining;

(c) ecosystems evolve naturally; and

(d) an ecosystem’s capacity for self-renewal and its biodiversity are maintained.”

By unanimous consent, the amendment was withdrawn.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-55, in Clause 5, be amended by adding after line 4 on page 4 the following:

“35.21 (1) In exercising the powers and performing the duties and functions mentioned in this Part, the Minister shall recognize the jurisdiction of aboriginal peoples over areas of the sea in respect of which they have aboriginal rights or title, having particular regard to protected and conserved areas, and provide for the participation of aboriginal organizations or persons in the management of those areas.

(2) The Minister shall designate aboriginal persons as guardians for the purposes of the administration and enforcement of this Act and the regulations in relation to areas of the sea in respect of which aboriginal peoples have aboriginal rights or title and that are within marine protected areas designated under section 35 after the day on which this section comes into force or designated under section 35.1.

(3) A guardian has all the powers and may perform all the duties and functions of an enforcement officer designated under subsection 39(1).”

By unanimous consent, the amendment was withdrawn.

Fin Donnelly moved, — That Bill C-55, in Clause 5, be amended by adding after line 4 on page 4 the following:

“(2) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Governor in Council and the Minister when exercising their powers or performing their duties and functions under section 35 or 35.1.

(3) For the purposes of subsection (2), ecological integrity means, with respect to an area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada, a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes.”

After debate, the question was put on the amendment of Fin Donnelly and it was negatived.

Fin Donnelly moved, — That Bill C-55, in Clause 5, be amended by adding after line 4 on page 4 the following:

“35.21 (1) In exercising the powers and performing the duties and functions mentioned in this Part, the Minister shall recognize the jurisdiction of aboriginal peoples over areas of the sea in respect of which they have aboriginal rights or title, having particular regard to protected and conserved areas, and provide for the participation of aboriginal organizations or persons in the management of those areas.

(2) The Minister shall designate aboriginal persons as guardians for the purposes of the administration and enforcement of this Act and the regulations in relation to areas of the sea in respect of which aboriginal peoples have aboriginal rights or title and that are within marine protected areas designated under section 35 after the day on which this section comes into force or designated under section 35.1.

(3) A guardian has all the powers and may perform all the duties and functions of an enforcement officer designated under subsection 39(1).”

After debate, the question was put on the amendment of Fin Donnelly and it was negatived.

Clause 5, as amended, carried.

On Clause 6,

Todd Doherty moved, — That Bill C-55, in Clause 6, be amended by adding after line 22 on page 4 the following:

“(4.1) The Minister, before making a recommendation under subsection (1), shall

(a) consult with other ministers, boards and agencies of the Government of Canada, as well as with any provincial governments, persons or bodies that the Minister considers to be interested in the matter;

(b) ensure that any scientific or socio-economic review of the area has been conducted; and

(c) publish, on the departmental website for a period of at least one year before the recommendation is given, the proposed designation, including the boundaries and any activities, prohibitions and exemptions proposed to be set under section 35.1.”

After debate, the question was put on the amendment of Todd Doherty and it was negatived on the following recorded division:

YEAS: Mel Arnold, Todd Doherty, Larry Miller — 3;

NAYS: Fin Donnelly, Pat Finnigan, Ken Hardie, Bernadette Jordan, Ken McDonald, Robert J. Morrissey — 6.

Clause 6 carried.

Clause 7 carried.

Clause 8 carried.

Clause 9 carried.

On Clause 10,

Todd Doherty moved, — That Bill C-55, in Clause 10, be amended by replacing line 8 on page 5 with the following:

“with this Act and the regu-”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Todd Doherty moved, — That Bill C-55, in Clause 10, be amended by replacing line 38 on page 5 with the following:

“record, electronic data or other document, and the owner of the copying equipment shall be reimbursed for the copying costs.”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on pages 767-768 of House of Commons Procedure and Practice, Second Edition.

Todd Doherty moved, — That Bill C-55, in Clause 10, be amended by replacing line 3 on page 6 with the following:

“ficer considers appropriate, without creating undue hardship to the entity involved in the inspection.”

After debate, the question was put on the amendment of Todd Doherty and it was negatived.

Todd Doherty moved, — That Bill C-55, in Clause 10, be amended by replacing line 19 on page 6 with the following:

“(b) on request or order of the enforcement officer, provide the officer with any informa-”

After debate, the question was put on the amendment of Todd Doherty and it was negatived.

Clause 10 carried.

Clause 11 carried.

On Clause 12,

Todd Doherty moved, — That Bill C-55, in Clause 12, be amended by replacing line 14 on page 12 with the following:

“believe to be alive and shall take reasonable measures to avoid unnecessary loss or waste of fish or any other perishable things seized.”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 12 carried.

On Clause 13,

Todd Doherty moved, — That Bill C-55, in Clause 13, be amended by adding after line 24 on page 12 the following:

“39.51 (1) The Minister may enter into negotiations with any licensed commercial fisherman, in respect of any designated marine protected area, for a determination of any compensation that may be granted to the licensed commercial fisherman for the loss of all or part of their livelihood to the extent that the loss can be established to have been incurred as a result of the designation of the marine protected area and all such loss is recoverable with costs in proceedings brought or taken with respect to that loss in any court of competent jurisdiction.

(2) For the purposes of subsection (1), the Minister shall send a notice to the licensed commercial fisherman informing them of the Minister’s intent to enter into negotiations with them within the period specified in the notice.

(3) The Minister may, by order, cancel the negotiations if the licensed commercial fisherman does not enter into negotiations with the Minister within the period specified in the notice or if, in the opinion of the Minister, the compensation to be granted to the licensed commercial fisherman for the loss incurred has not been determined within a reasonable time during the negotiations.

(4) The Minister shall, in the order, specify the amount of the compensation to be granted to the licensed commercial fisherman in respect of the loss incurred.”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on pages 767-768 of House of Commons Procedure and Practice, Second Edition, and because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Clause 13 carried.

Clause 14 carried.

Clause 15 carried.

Clause 16 carried.

Clause 17 carried.

On new Clause 17.1,

Todd Doherty moved, — That Bill C-55 be amended by adding after line 21 on page 21 the following new clause:

“17.1 Section 52 of the Act is replaced by the following:

52 (1) The Minister shall, as soon as feasible after the end of each fiscal year, prepare and cause to be laid before both Houses of Parliament a report on the administration and enforcement of the provisions of this Act for that year.

(2) The annual report shall include the following:

(a) the marine protected areas designated during the relevant reporting period;

(b) the extent to which, in the opinion of the Minister, the conservation reasons stated for each designated marine protected area have been respected; and

(c) any further measures which, in the opinion of the Minister, are required to be taken in relation to each designated marine protected area in order to ensure that the conservation reasons stated for it are respected.”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 18 carried.

Clause 19 carried.

Clause 20 carried.

The Title carried.

The Bill, as amended, carried.

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

ORDERED, — That Bill C-55, as amended, be reprinted for the use of the House at report stage.

At 12:02 p.m., the sitting was suspended.

At 12:03 p.m., the sitting resumed in camera.

The Committee proceeded to the consideration of matters related to Committee business.

It was agreed, — That the Fourth Report from the Subcommittee on Agenda and Procedure, which read as follows, be concurred in:

Your Subcommittee met on Tuesday, December 5, 2017, to consider the business of the Committee and agreed to make the following recommendations:

1. That, in relation to its study of the Oceans Act’s Marine Protected Areas, the Committee hear from witnesses on Tuesday, January 30, Thursday, February 1 and Tuesday, February 6, 2018;

That the Committee provide drafting instructions and recommendations for a report to the analysts on Thursday, February 8, 2018; and

That the Committee consider a draft report on Tuesday, February 27 and Tuesday, March 20, 2018.

2. That the Committee hold a briefing on Report 2—Adapting to the Impacts of Climate Change, of the 2017 Fall Reports of the Commissioner of the Environment and Sustainable Development to the Parliament of Canada, on Tuesday, February 13, 2018.

3. That, in relation to the study of commercial fishing vessel length policy as it applies to the Atlantic provinces, the Committee hear from Officials on Thursday, February 15, 2018.

4. That the Committee consider the planning of future business, including the potential studies of steelhead designation, aquaculture and small craft harbours, for one (1) hour on Tuesday, January 30, 2018.

At 12:08 p.m., the Committee adjourned to the call of the Chair.



Nancy Vohl
Clerk of the Committee