ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 47

Thursday, November 1st, 2001

The Standing Committee on Environment and Sustainable Development met at 9:12 a.m. this day, in Room 269, West Block, the Chair, Charles L. Caccia, presiding.

Members of the Committee present: Bernard Bigras, Charles L. Caccia, Joe Comartin, John Herron, Gar Knutson, Karen Kraft Sloan, Rick Laliberte, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer, Alan Tonks.

Acting Members present: Bernard Patry for Julian Reed; Loyola Hearn for John Herron; Andy Burton for Paul Forseth.

In attendance: From the Library of Parliament: Kristen Douglas and Tim Williams, Research Officers.  From Legislative Services:  Susan Baldwin and Jean Michel Roy, 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 51,

The witnesses answered questions.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 51, be amended by replacing lines 3 to 6 on page 25 with the following:

“wildlife species meets the requirements of section 49, and the plan is adopted by the competent minister as the action plan, he or she shall include it in the public registry as the action plan in relation to”

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

The Chair voted in the affirmative.

Accordingly, the amendment was adopted.

Clause 51, as amended, carried.

Clause 52 carried.

On Clause 53,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 53, be amended by replacing lines 22 to 29 on page 25 with the following:

"53. (1) Within 120 days after an action plan is completed, the competent minister shall, with respect to aquatic species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, make any regulations that are necessary in the opinion of the competent minister for the purpose of"

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

The Chair ruled that the previous vote on Karen Kraft Sloan’s amendment will apply to the following consequential amendment:

That Bill C-5, in Clause 53, be amended by adding after line 34 on page 25 the following:

"(1.1) The competent minister may make whatever other regulations are necessary for the purpose of implementing measures in an action plan or amended action plan."

Bob Mills moved, -- That Bill C-5, in Clause 53, be amended by replacing lines 5 to 7 on page 26 with the following:

"ince or territory."

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

The Chair ruled that the vote on the previous amendment would apply to the following amendment:

-- That Bill C-5, in Clause 71, be amended by replacing lines 13 to 15 on page 33 with the following:

“ince or territory.”

Clause 53, as amended, carried.

On Clause 54,

Clause 54 was negatived.

On Clause 55,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 55, be amended by replacing lines 32 to 36 on page 26 with the following:

"55. The competent minister shall ensure that the measures within his or her authority in an action plan are implemented, and may use any powers that he or she has under any other Act of Parliament for the purpose of doing so."

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

Clause 55 carried.

On Clause 56,

Bernard Bigras moved, -- That Bill C-5, in Clause 56, be amended by replacing lines 38 to 40 on page 26 with the following:

“the implementation of an action plan and the progress towards meeting its objectives and assess and report on its implementation and its environmental and socio-economic impacts five years after the"

After debate, Karen Redman moved, -- That the amendment be amended by replacing the word “environmental” with the word “ecological”.

After debate, the sub-amendment was adopted.

And the question being put on the amendment, as amended, it was adopted, on division.

Clause 56, as amended, carried.

Clause 57 carried.

On Clause 58,

Karen Redman moved, -- That Bill C-5, in Clause 58, be amended by replacing line 10 on page 27 with the following:

“species or a listed threatened species that is an aquatic species or that is on”

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

Bernard Bigras moved, -- That Bill C-5, in Clause 58, be amended by deleting lines 14 to 44 on page 27 and lines 1 to 3 on page 28.

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

Gar Knutson moved, -- That Bill C-5, in Clause 58, be amended by replacing lines 14 to 19 on page 27 with the following:

"(2) Subsection (1) applies to the critical habitat that is identified in a recovery strategy or action plan."

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

By unanimous consent, the Committee agreed to reopen the debate on the issue of transboundary species on Tuesday.

At 11:20 a.m., the Committee adjourned to the call of the Chair.

Eugene Morawski
Clerk of the Committee