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.
For an advanced search, use Publication Search tool.
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
MINUTES OF PROCEEDINGS
Meeting No. 41
Thursday, October 18, 2001
The Standing Committee on Environment and Sustainable Development met in a televised session at 9:05 a.m. this day, in Room 253-D, Centre Block, the Chair, Charles L. Caccia, presiding.
Members of the Committee present: Roy Bailey, Bernard Bigras, Charles L. Caccia, Joe Comartin, Paul Forseth, John Herron, Gar Knutson, Karen Kraft Sloan, Rick Laliberte, Karen Redman, Julian Reed, Hélène Scherrer, Alan Tonks.
Acting Members present: Larry Bagnell for Andy Savoy; David Anderson and Howard Hilstrom for Bob Mills.
In attendance: From the Library of Parliament: Kristen Douglas and Tim Williams, Research Officers. From Legislative Services: Susan Baldwin and Phillipe Méla, Legislative Clerks.
Witnesses: From the Department of Justice Canada: David Near, Legal Counsel, Legal Services. From Environment Canada: Simon Nadeau, Head, Endangered Species Recovery; Ruth Wherry, Director, Species at Risk, Canadian Wildlife Service. From the Department of Fisheries and Oceans: Howard Powles, Director, Biodiversity Science.
Pursuant to its Order of Reference of Tuesday, March 20, 2001, the Committee resumed consideration of Bill C-5, An Act respecting the protection of wildlife species at risk in Canada (See Minutes of Proceedings, Thursday, March 22, 2001, Meeting No. 6).
The Committee proceeded to Clause-by-Clause consideration of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.
On Clause 2,
Gar Knutson moved, -- That the decision of the Committee on Tuesday, October 16, 2001 “requiring unanimous consent for the introduction of the amendments submitted after 12:00 noon, Wednesday, October 17, 2001” be rescinded.
After debate, the motion was adopted, on division.
The witnesses answered questions.
Bob Mills moved, -- That Bill C-5, in Clause 2, be amended by replacing line 2 on page 7 with the following:
"cies or genetically distinct population of"
After debate, by unanimous consent, Bob Mills withdrew his motion.
By unanimous consent, the Committee proceeded to debate John Herron’s motion, - That Bill C-5, in Clause 2, be amended by replacing line 2 on page 7 with the following:
"cies, variety or geographically or genetically distinct population of"
After debate, the question being put on the amendment, it was adopted.
Bob Mills moved, -- That Bill C-5, in Clause 2, be amended by deleting lines 10 to 15 on page 7.
After debate, by unanimous consent, the motion was withdrawn.
John Herron moved, -- That Bill C-5, in Clause 2, be amended by replacing line 12 on page 7 with the following:
"cies, subspecies, variety or geographically or genetically distinct popu-"
After debate, the question being put on the amendment, it was adopted.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 2, be amended by deleting lines 22 to 30 on page 7.
After debate, the question being put on the amendment, it was adopted.
Clause 2, as amended, by unanimous consent, was stood.
Clause 3 carried.
Clause 4 carried.
Clause 5 carried.
On Clause 6,
Roy Bailey moved, -- That Bill C-5, in Clause 6, be amended by replacing
lines 9 and 10 on page 8 with the following:
After debate, the question being put on the amendment, it was negatived on division.
Clause 6 carried.
On Clause 7,
By unanimous consent, Clause 7 was stood.
On Clause 8,
Roy Bailey moved, -- That Bill C-5, in Clause 8, be amended by replacing line 8 on page 9 with the following:
"two ministers, delegate to any person, in accordance with the regulations, any of"
After debate, the question being put on the amendment, by unanimous consent, stood.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 8, be amended by replacing line 10 on page 9 with the following:
"Act, relating to its enforcement."
The question being put on the amendment, by unanimous consent, stood.
Karen Kraft Sloan moved, -- That Bill C-5, in Clause 8, be amended by replacing line 16 on page 9 with the following:
"the activities undertaken under the agreement and that the federal government remains responsible to carry out the delegated powers."
The question being put on the amendment, by unanimous consent, stood.
Roy Bailey moved, -- That Bill C-5, in Clause 8, be amended by replacing line 18 on page 9 with the following:
"report must be included in the public registry within 45 days of presentation to the Minister."
The question being put on the amendment, by unanimous consent, stood.
After debate, Clause 8 was stood.
On Clause 9,
Roy Bailey moved, -- That Bill C-5, in Clause 9, be amended by replacing line 22 on page 9 with the following:
"one or more committees, in accordance with the regulations, to advise the Minister"
After debate, the question being put on the amendment, it was negatived on division.
Roy Bailey moved, -- That Bill C-5, in Clause 9, be amended by replacing line 28 on page 9 with the following:
"Council, establish one or more committees, in accordance with the regulations, to"
The question being put on the amendment, it was negatived on division.
Clause 9 carried.
On Clause 10,
Roy Bailey moved, -- That Bill C-5, in Clause 10, be amended by replacing lines 33 to 40 on page 9 with the following:
"enter into an agreement with
(a) a provincial or
territorial government,
(b) a wildlife management board, for any lands specified in a land claims
agreement for which that wildlife management board has authorization to perform
functions as specified in the land claims agreement,
(c) a landowner, authorized resource user or other person whom the
competent minister considers to be directly affected by the administration of
this Act, or
(d) any other person or organization that the competent minister
considers to be appropriate for the administration of this Act,
with respect to the administration of any provision of this Act for which that
minister has responsibility."
After debate, by unanimous consent, the motion was withdrawn.
Clause 10 carried.
On new Clause 10.1,
John Herron moved, -- That Bill C-5, in Clause 10, be amended by adding after line 40 on page 9 the following:
"national stewardship action plan
10.1 Within one year after the coming into force of this Act, the Minister shall establish a national stewardship action plan that creates incentives and other measures to support voluntary stewardship actions taken by any government in Canada, organization or person.
contents of the action plan
10.2 The National
Stewardship Action Plan shall include, but is not limited to,
(a) a commitment to regularly examine tax treatment and subsidies and to
eliminate disincentives for actions taken by persons to protect species at
risk;
(b) a strategy for public education;
(c) the establishment of mechanisms for sharing information both within
and among various levels of governments and between the federal government and
other persons;
(d) the creation of awards and recognation programs;
(e) methods of collecting and sharing knowledge about species at risk,
including local and traditional knowledge;
(f) the provision of information respecting methods to formalize commitments
to land stewardship including land conservation easements, agreements or
government programs;
(g) a commitment to provide technical and scientific support to persons
engaged in stewardship activities;
(h) a commitment to notify the landowners subject to the subsection
29(2.1) emergency listing and the wildlife species listing in subsection 27(3);
and
(i) a strategy for implementing the consultation provisions under this
Act, including the provisions of subsections 48(3) and 66(3)."
After debate, the question being put on the amendment, by unanimous consent, stood.
On Clause 11,
Roy Bailey moved, -- That Bill C-5, in Clause 11, be amended by replacing lines 6 to 9 on page 10 with the following:
"to do so, enter into an agreement with
(a) a provincial or territorial government,
(b) a wildlife management board, for any lands specified in a land
claims agreement for which that wildlife management board has authorization to
perform functions as specified in the land claims agreement,
(c) a landowner, authorized resource user or other person whom the
competent minister considers to be directly affected by the administration of
this Act, or
(d) any other person or organization that the competent minister
considers to be appropriate for the administration of this Act,
to provide for the conservation of a species at risk."
After debate, Karen Redman moved, - That the amendment be amended by adding the words “aboriginal people,” after the word “landowner”.
After debate, the sub-amendment was adopted.
And the question being put on the amendment, as amended, it was negatived.
Roy Bailey moved, -- That Bill C-5, in Clause 11, be amended by replacing
lines 10 to 13 on page 10 with the following:
After debate, the question being put on the amendment, it was adopted by a show of hands.
Gar Knutson moved, -- That Bill C-5, in Clause 11, be amended by adding
after line 23 on page 10 the following:
After debate, the question being put on the amendment, by unanimous consent, stood.
Joe Comartin moved, -- That Bill C-5, in Clause 11, be amended by adding
after line 23 on page 10 the following:
The question being put on the amendment, by unanimous consent, stood.
John Herron moved, -- That Bill C-5, in Clause 11, be amended by adding
after line 23 on page 10 the following:
(a) all reasonable alternatives to the measures that would reduce the
impact on the species have been considered and the best alternative has been
adopted;
(b) all feasible actions will be taken to minimize the impact of the
measures on the species or its critical habitat or the residences of its
individuals; and
(c) the measures will not jeopardize the survival of the species."
By unanimous consent, the motion was withdrawn.
John Herron moved, -- That Bill C-5, in Clause 11, be amended by adding
after line 23 on page 10 the following:
After debate, the question being put on the amendment, by unanimous consent, stood.
After debate, Clause 11, by unanimous consent, stood.
On Clause 12,
Roy Bailey moved, -- That Bill C-5, in Clause 12, be amended by replacing lines 29 to 32 on page 10 with the following:
"to do so, enter into an agreement with
(a) a provincial or territorial government,
(b) a wildlife management board, for any lands specified in a land
claims agreement for which that wildlife management board has authorization to
perform functions as specified in the land claims agreement,
(c) a landowner, authorized resource user or other person whom the
competent minister considers to be directly affected by the administration of
this Act, or
(d) any other person or organization that the competent minister
considers to be appropriate for the administration of this Act, to provide for
the conservation of a wildlife species that is not a species at risk."
After debate, by unanimous consent, the motion was withdrawn.
Clause 12 carried.
On Clause 13,
Karen Kraft Sloan moved - That Bill C-5, in Clause 13, be amended by adding after line 8 on page 11 the following:
"(1.1) At least 60 days before an agreement is concluded under section 8, 10, 11 or 13, the competent minister must make the proposed text of it public by including it in the public registry, and by any other means that the competent minister considers appropriate.
(1.2) Once the agreement is signed, the competent minister must make it public by including it in the public registry."
After debate, Gar Knutson moved, - That the amendment be amended by deleting the words “11 or 13,”
After debate, the sub-amendment was negatived by a show of hands.
After debate, the amendment was adopted.
Roy Bailey moved, -- That Bill C-5, in Clause 13, be amended by replacing lines 2 to 8 on page 11 with the following:
"an agreement with
(a) a
provincial or territorial government,
(b) a wildlife management board, for any lands specified in a land
claims agreement for which that wildlife management board has authorization to
perform functions as specified in the land claims agreement,
(c) a landowner, authorized resource user or other person whom the
competent minister considers to be directly affected by the administration of
this Act, or
(d) any other person or organization that the competent minister
considers to be appropriate for the administration of this Act,
to provide for the payment of contributions towards the costs of programs and
measures for the conservation of wildlife species, including programs and
measures under an agreement entered into under subsection 11(1) or 12(1)."
After debate, by unanimous consent, the amendment was withdrawn.
Clause 13, as amended, carried.
Clause 14 carried.
On Clause 15,
Roy Bailey moved, -- That Bill C-5, in Clause 15, be amended by replacing lines 28 to 30 on page 11 with the following:
"considered by COSEWIC to be at risk and identify existing threats to the species and"
After debate, the question being put on the amendment, it was negatived.
John Herron moved, -- That Bill C-5, in Clause 15, be amended by replacing line 30 on page 11 with the following:
"and potential threats to the species and its habitat and"
After debate, the question being put on the amendment, it was negatived by a show of hands.
Karen Redman moved, -- That Bill C-5, in Clause 15, be amended by replacing, in the French version, line 7 on page 12 with the following:
“reclassifier ou de les
déclassifier;”
The question being put on the amendment, it was adopted.
At 12:01 p.m., the Committee adjourned to the call of the Chair.
Eugene Morawski
Clerk of the Committee