ENVI Committee Meeting

The Standing Committee on Environment and Sustainable Development met at 3:31 p.m. this day, in Room 306, The Valour Building, the Chair, Harold Albrecht, presiding.

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

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

Clause 2 carried.

Clause 3 carried.

Clause 4 carried.

On Clause 5,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-5, in Clause 5, be amended by replacing line 25 on page 2 with the following:

“41.4 (1) The Minister may not enter into leases”

RULING BY THE CHAIR

Bill S-5 amends the Canada National Parks Act to establish Nááts’ihch’oh National Park Reserve of Canada. The bill specifically outlines the Minister’s powers with respect to this park reserve.

The amendment proposes to remove the powers outlined for the Minister with respect to his or her ability to enter into leases or licenses of occupation of and easements over public lands in the park for the purpose of establishing a mining access road.

This amendment therefore seeks to do the exact opposite of what the clause intends and goes against the principle of this clause. Members who do not agree with the powers outlined for the Minister should simply vote against the clause.

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 is contrary to the principle of the Bill. Therefore the amendment is inadmissible.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-5, in Clause 5, be amended by replacing lines 31 and 32 on page 2 with the following:

“Pass, including the sites of storage and”

The question was put on the amendment and it was negatived.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-5, in Clause 5, be amended

(a) by replacing line 39 on page 2 with the following:

“(2) The Minister may not issue, amend, renew,”

(b) by replacing lines 44 and 45 on page 2 with the following:

“mining access roads and, in relation to any existing permits and authoriza-”

RULING BY THE CHAIR

Bill S-5 amends the Canada National Parks Act to establish Nááts’ihch’oh National Park Reserve of Canada. The bill specifically outlines the Minister’s powers with respect to this park reserve.

The amendment proposes to remove the powers outlined for the Minister with respect to his or her ability to issue, amend, renew, suspend or cancel permits and authorizations for the use of public lands in the park for the purposes of a mining access road.

This amendment therefore seeks to do the exact opposite of what the bill intends and goes against the principle of this clause. Members who do not agree with the powers outlined for the Minister should simply vote against the clause.

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 is contrary to the principle of the Bill. Therefore the amendment is inadmissible.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-5, in Clause 5, be amended

(a) by replacing line 15 on page 3 with the following:

“(3) The Minister may not issue, amend, renew,”

(b) by replacing lines 20 and 21 on page 3 with the following:

“and, in relation to any existing licences, subsections 31(3) and 72.03(1),”

RULING BY THE CHAIR

Bill S-5 amends the Canada National Parks Act to establish Nááts’ihch’oh National Park Reserve of Canada. The bill specifically outlines the Minister’s powers with respect to this park reserve.

The amendment proposes to remove the powers outlined for the Minister with respect to his or her ability to issue, amend, renew, suspend or cancel licenses for the use of waters in the park for the purpose of mining access roads.

This amendment therefore seeks to do the exact opposite of what the clause intends and goes against the principle of this clause. Members who do not agree with the powers outlined for the Minister should simply vote against the clause.

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 is contrary to the principle of the Bill. Therefore the amendment is inadmissible.

Clause 5 carried.

On Clause 6,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-5, in Clause 6, be amended by replacing line 35 on page 4 to line 18 on page 14 with the following:

“6. Within 120 days after this section comes into force, the Governor in Council must, by regulation, amend Schedule 2 to the Act by adding, after the description of Kluane National Park Reserve of Canada, the heading “Nááts’ihch’oh National Park Reserve of Canada” followed by a legal description of lands that corresponds to Option 1 set out in Table 2 (Boundary Options Proposed for Nááts’ihch’oh National Park Reserve) of the Final Consultation Report entitled “Proposed Establishment of Nááts’ihch’oh National Park Reserve” dated August 30, 2010 that was prepared and submitted to the Parks Canada Agency by Terriplan Consultants.”

The question was put on the amendment and it was negatived.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill S-5, in Clause 6, be amended by replacing line 39 on page 4 to line 12 on page 14 with the following:

“All that parcel being more particularly described as follows:

Commencing at the intersection of the Yukon/Northwest Territories Boundary with the southerly boundary of the Sahtu Settlement Area at approximate latitude 62°06'38" North and at longitude 129°10'07" West;

Thence northeasterly along the boundary of the Sahtu Settlement Area to the intersection of the boundary of the Sahtu Settlement Area with latitude 62°37'00" North at approximate longitude 127°23'10" West;

Thence northerly in a straight line to a point at latitude 62°42'00" North and longitude 127°25'12" West;

Thence northerly in a straight line to a point at latitude 62°53'24" North and longitude 127°36'36" West;

Thence northwesterly in a straight line to monument ROCK established by Mapping and Charting Establishment at approximate latitude 63°03'07" North and approximate longitude 127°58'08" West;

Thence northwesterly in a straight line to monument 769045 established by Geodetic Survey Division at approximate latitude 63°04'01" North and approximate longitude 128°04'59" West;

Thence westerly in a straight line to monument 769034 established by Geodetic Survey Division at approximate latitude 63°02'25" North and approximate longitude 128°32'36" West;

Thence southwesterly in a straight line to monument 769033 established by Geodetic Survey Division at approximate latitude 62°58'30" North and approximate longitude 128°53'54" West;

Thence southwesterly in a straight line to a point at latitude 62°57'00" North and longitude 129°01'48" West;

Thence northwesterly in a straight line to a point at latitude 62°58'12" North and longitude 129°09'36" West;

Thence westerly in a straight line to a point at latitude 62°58'12" North and longitude 129°12'00" West;

Thence northwesterly in a straight line to monument CHRIS established by Mapping and Charting Establishment at approximate latitude 63°03'12" North and approximate longitude 129°22'59" West;

Thence westerly in a straight line to the intersection of latitude 63°03'00" North with the Yukon/Northwest Territories Boundary at approximate longitude 129°36'43" West;

Thence generally southerly along the Yukon/Northwest Territories Boundary to the point of commencement. Said parcel containing an area of approximately 7 600 km2.”

The question was put on the amendment and it was negatived.

Clause 6 carried.

Clause 1, Short Title, carried.

The Title carried.

The Bill carried.

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

At 3:39 p.m., the Committee adjourned to the call of the Chair.