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MINUTES OF PROCEEDINGS

Meeting No. 44

Thursday, October 25, 2001

The Standing Committee on Environment and Sustainable Development met at 9:13 a.m. this day, in Room 209, West Block, the Chair, Charles L. Caccia, presiding.

Members of the Committee present: Roy Bailey, Bernard Bigras, Charles L. Caccia, Marcel Gagnon, John Herron, Gar Knutson, Karen Kraft Sloan, Rick Laliberte, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer.

Acting Members present: David Price for Allan Tonks; Yvon Godin and Pat Martin for Joe Comartin.

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.

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 resumed Clause-by-Clause consideration of the Bill.

On Clause 29,

The witnesses answered questions.

John Herron moved, -- That Bill C-5, in Clause 29, be amended by replacing lines 1 to 8 on page 16 with the following:

"29.(1) If the Minister is of the opinion that or within 20 days after COSEWIC determines that there is an imminent threat to the survival of a wildlife species, the Minister shall, on an emergency basis, make a regulation amending the List of Wildlife Species at Risk and list the species.

(1.1) A regulation made under subsection (1) ceases to have effect unless it is approved by the Governor in Council within 60 days."

After debate, the question being put on the amendment, it was negatived on division.

John Herron moved, -- That Bill C-5, in Clause 29, be amended by adding after line 11 on page 16 the following:

"(2.1) To the extent known, the Minister shall notify all directly affected landowners and lessees."

After debate, the question being put on the amendment, by unanimous consent, was stood.

Clause 29, by unanimous consent, stood.

On Clause 30,

Bob Mills moved, -- That Bill C-5, in Clause 30, be amended by adding after line 29 on page 16 the following:

"(d) within 30 days after making the recommendation mentioned in paragraph (b) or (c), the Minister must include a copy of that recommendation in the public registry."

After debate, the question being put on the amendment, it was adopted.

Clause 30, as amended, carried.

On Clause 31,

John Herron moved, -- That Bill C-5, in Clause 31, be amended by replacing lines 31 to 33 on page 16 with the following:

"under paragraph 30(b) or (c), the Minister shall amend the List."

After debate, the question being put on the amendment, it was negatived by a show of hands.

YEAS:  5

NAYS:  6

Clause 31 carried.

By unanimous consent, Clauses 32 to 36 were stood.

On Clause 37,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 37, be amended by replacing line 10 on page 19 with the following:

"extirpated species, an endangered species or a threatened species,"

After debate, the question being put on the amendment, the result of the vote was announced:

YEAS:  6

NAYS:  6

The Chair voted in the affirmative.

Accordingly, the amendment was adopted.

The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they are also adopted.

-- That Bill C-5, in Clause 37, be amended by deleting lines 19 to 21 on page 19.

-- That Bill C-5, in Clause 37, be amended by deleting lines 22 to 29 on page 19.

Bernard Bigras moved, -- That Bill C-5, in Clause 37, be amended by adding after line 12 on page 19 the following:

"(1.1) The competent minister may take any interim measures that he or she considers necessary to protect the wildlife species from the date on which the species is listed to the date on which the recovery strategy is achieved."

After debate, the question being put on the amendment, it was adopted.

Clause 37, as amended, carried.

On Clause 38,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 38, be amended by replacing line 30 on page 19 with the following:

38. In preparing a recovery strategy, action plan or management plan, the”

The question being put on the amendment, it was adopted.

Clause 38, as amended, carried.

Clause 39, by unanimous consent, stood.

On Clause 40,

Bob Mills moved, -- That Bill C-5, in Clause 40, be amended by replacing line 40 on page 20 with the following:

"technically, biologically, socially and economically feasible. The"

After debate, the question being put on the amendment, it was negatived on division.

Clause 40 carried.

At 11:35 a.m., the Committee adjourned to the call of the Chair.

 

 

 

Eugene Morawski
Clerk of the Committee