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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 50
Thursday, February 16, 2023, 4:02 p.m. to 5:30 p.m.
Webcast
Presiding
Francis Scarpaleggia, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Robert Mason, Analyst
Department of Health
• Greg Carreau, Director General, Safe Environments Directorate
Department of the Environment
• Jacqueline Gonçalves, Director General, Science and Risk Assessment, Science and Technology Branch
• John Moffet, Assistant Deputy Minister, Environmental Protection Branch
Pursuant to the order of reference of Thursday, November 3, 2022, the committee resumed consideration of Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act.

John Moffet answered questions.

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

The committee resumed clause-by-clause consideration on Clause 39.1 of the Bill.

The committee resumed consideration of the amendment of Patrick Weiler, — That Bill S-5, in Clause 39.1, be amended by replacing line 35 on page 31 to line 15 on page 32 with the following:

“39.1 The Act is amended by adding the following after section 108:

Consultations

108.1 (1) If the information that the Ministers assess under subsection 108(1) or (2) is in respect of a vertebrate animal that in its unmodified form is native to Canada or a prescribed living organism or group of living organisms, the Ministers shall consult any interested persons before the expiry of the period for assessing that information.

Notice

(2) Before undertaking consultations, the Minister shall publish a notice of consultation in any manner that the Minister considers appropriate.”

The debate continued.

Joanne Thompson moved, — That the amendment be amended by deleting the words “that in its unmodified form is native to Canada”.

After debate, the question was put on the subamendment of Joanne Thompson and it was agreed to on the following recorded division:

YEAS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Lindsay Mathyssen, Greg McLean, Monique Pauzé, Joanne Thompson, Patrick Weiler, Sameer Zuberi — 11;

NAYS: — 0.

At 4:09 p.m., the sitting was suspended.

At 4:10 p.m., the sitting resumed.

The question was put on the amendment of Patrick Weiler, as amended, and it was agreed to on the following recorded division:

YEAS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Joanne Thompson, Patrick Weiler — 8;

NAYS: Lindsay Mathyssen, Monique Pauzé, Sameer Zuberi — 3.

Monique Pauzé moved, — That Bill S-5, in Clause 39.1, be amended by adding after line 15 on page 32 the following:

“(1.3) For the purposes of subsections (1.1) and (1.2), the opportunities of the public to participate in the assessment include opportunities to

(a) conduct their own testing of the evidence;

(b) provide comments in relation to any request for a waiver under subsection 106(8); and

(c) present additional evidence.”

Lindsay Mathyssen moved, — That the amendment be amended by replacing the words “subsections (1.1) and (1.2), the opportunities of the public to participate in the assessment include” with the following: “informing the Ministers’ assessment, the Ministers shall provide the public with opportunities to participate in the assessment including”.

The question was put on the subamendment of Lindsay Mathyssen and it was negatived on the following recorded division:

YEAS: Lindsay Mathyssen, Monique Pauzé — 2;

NAYS : Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Joanne Thompson, Patrick Weiler, Sameer Zuberi — 9.

The question was put on the amendment of Monique Pauzé and it was negatived on the following recorded division:

YEAS: Lindsay Mathyssen, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Joanne Thompson, Patrick Weiler, Sameer Zuberi — 9.

Pursuant to the order adopted by the committee on Tuesday, December 14, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill S-5, in Clause 39.1, be amended by adding after line 15 on page 32 the following:

“(1.3) For the purposes of this section, meaningfully in relation to participating, includes the full participation of the public, including vulnerable populations, in the assessment under this Act of whether a substance is toxic or capable of being toxic and in the management of risks posed by a substance to the environment and human health.”

Lindsay Mathyssen moved, — That the amendment be amended by replacing the words “meaningfully in relation to participating,” with the word “consultation”.

The question was put on the subamendment of Lindsay Mathyssen and it was negatived on the following recorded division:

YEAS: Lindsay Mathyssen, Monique Pauzé — 2;

NAYS : Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Joanne Thompson, Patrick Weiler, Sameer Zuberi — 9.

The question was put on the amendment of [mover] and it was negatived on the following recorded division:

YEAS: Lindsay Mathyssen, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Joanne Thompson, Patrick Weiler, Sameer Zuberi — 9.

Clause 39.1, as amended, carried on division.

Clauses 40 to 44 inclusive carried on division severally.

On Clause 44.1,

Lindsay Mathyssen moved, — That Bill S-5, in Clause 44.1, be amended

(a) by replacing line 19 on page 35 with the following:

“44.1 (1) Subsection 114(1) of the Act is amended by”

(b) by adding after line 25 on page 35 the following:

“(2) Subsection 114(1) of the Act is amended by adding the following after paragraph (h):

(h.1) respecting requirements and prescribing information to be provided for the purpose of assessing and mitigating the risks to animal life or health resulting from

(i) modifications to a living organism,

(ii) the manufacture of the living organism,

(iii) research and development to manufacture the living organism,

(iv) the release of the living organism into the environment, or

(v) any other activities in relation to the living organism;”

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

YEAS: Lindsay Mathyssen, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Joanne Thompson, Patrick Weiler, Sameer Zuberi — 9.

Patrick Weiler moved, — That Bill S-5, in Clause 44.1, be amended by replacing lines 21 to 25 on page 35 with the following:

“(g.1) prescribing a living organism or group of living organisms for the purpose of subsection 108.1(1);”

Debate arose thereon.

At 4:36 p.m., the sitting was suspended.

At 4:40 p.m., the sitting resumed.

Monique Pauzé moved, — That the amendment be amended

(a) by replacing, in the instruction, the words “replacing lines 21 to 25” with the words “adding after line 25”;

(b) by replacing the expression “(g.1)” with the expression “(g.2)”.

Debate arose thereon.

At 4:46 p.m., the sitting was suspended.

At 4:50 p.m., the sitting resumed.

After debate, the question was put on the subamendment of Monique Pauzé and it was negatived on the following recorded division:

YEAS: Lindsay Mathyssen, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

The question was put on the amendment of Patrick Weiler and it was agreed to on the following recorded division:

YEAS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9;

NAYS: Lindsay Mathyssen, Monique Pauzé — 2.

Clause 44.1, as amended, carried on division.

On Clause 45,

Pursuant to the order adopted by the committee on Tuesday, December 14, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved : That Bill S-5, in Clause 45, be amended

(a) by replacing lines 28 and 29 on page 35 with the following:

“(a) a substance or group of substances specified on the list of toxic substances in Schedule 1;”

(b) by replacing lines 36 and 37 on page 35 with the following:

“mendation that the substance be added to the list of toxic substances in Schedule 1, or”

The question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Randall Garrison, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

Clause 45 carried on division.

Clauses 46 to 49 inclusive carried on division severally.

On Clause 50,

Joanne Thompson moved, — That Bill S-5, in Clause 50, be amended by replacing lines 14 to 16 on page 39 with the following:

“(2) A request for confidentiality shall be submitted, with reasons taking into account the criteria set out in paragraphs 20(1)(a) to (d) of the Access to Information Act, in writing and contain any supplementary information that may be prescribed.”

After debate, the question was put on the amendment of Joanne Thompson and it was agreed to on the following recorded division:

YEAS: Gérard Deltell, Terry Duguid, Randall Garrison, Damien C. Kurek, Lloyd Longfield, Larry Maguire, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 10;

NAYS: Monique Pauzé — 1.

At 5:30 p.m., the committee adjourned to the call of the Chair.



Alexandre Longpré
Clerk of the committee