HERI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 23
Tuesday, October 30, 2001
The Standing Committee on Canadian Heritage met at 3:20 p.m. this day, in Room 705, La Promenade Building, the Chair, Clifford Lincoln, presiding.
Members of the Committee present: Paul Bonwick, Sarmite Bulte, Rodger Cuzner, Claude Duplain, Christiane Gagnon, John Harvard, Clifford Lincoln, Grant McNally, Dennis Mills, Tony Tirabassi.
Acting Members present: Andy Burton for Jim Abbott, Joe Comartin for Wendy Lill
In attendance: From the Library of Parliament: Mollie Dunsmuir, Research Offiers. From Committees Directorate: Philippe Méla,
Jean-François Page, Legislative Clerks.
Witnesses: From the Parks Canada Agency: Susan Katz, Director, Legislation and Policy Branch; Tom Lee, Chief Executive Officer, Parks Canada Agency; Daphne Porter, Legal Counsel.
Pursuant to its Order of Reference of Thursday, May 10, 2001, the Committee resumed consideration of Bill C-10, An Act respecting the national marine conservation areas of Canada (See Minutes of Proceedings, Thursday, May 31, 2001, Meeting No. 13).
The Committee resumed to Clause-by-Clause consideration of the Bill.
The Committee resumed consideration of Clause 7.
Sarmite Bulte moved, -- That Bill C-10, in Clause 7, be amended by
(a) replacing, in the English version, line 16 on page 6 with the following:
out management objectives and a
(b) replacing line 25 on page 6 with the following:
within 30 sitting days after the amendment is
(c) replacing lines 30 to 34 on page 6 with the following:
Amendment allowed
(3) A proposed amendment to Schedule 1 or 2 may be made if 31 sitting days have
elapsed
(d) replacing line 38 on page 6 with the following:
Amendment not allowed
(4) A proposed amendment to Schedule 1 or
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 7, as amended, carried.
On Clause 8,
Sarmite Bulte moved, -- That Bill C-10, in Clause 8, be amended by replacing line 20 on page 7 with the following:
agreements and other persons and organiza-
The question being put on the amendment, it was adopted by a show of hands.
Clause 8, as amended, carried.
On Clause 9,
Andy Burton moved, -- That Bill C-10, in Clause 9, be amended by replacing
line 22 on page 7 with the following:
After debate, the question being put on the amendment, it was negatived by a show of hands.
Sarmite Bulte moved, -- That Bill C-10, in Clause 9, be amended by
(a) replacing lines 25 to 28 on page 7 with the following:
and provincial ministers and agencies, with affected coastal communities,
aboriginal organizations, aboriginal governments and bodies established under
land claims agreements, and with other per-
(b) replacing lines 31 to 33 on page 7 with the following:
the marine conservation area that includes a long-term ecological vision for
the marine conservation area and provision for ecosystem protection, human use,
zoning, public awareness and performance evaluation, which shall be tabled in
each House of
After debate, the question being put on the amendment, it was adopted by a show of hands.
Andy Burton moved, -- That Bill C-10, in Clause 9, be amended by replacing line 37 on page 7 with the following:
"least every three years, and any amendments to"
After debate, the question being put on the amendment, it was negatived by a show of hands.
Sarmite Bulte moved, -- That Bill C-10, in Clause 9, be amended by
(a) replacing line 43 on page 7 with the following:
fication of management plans and interim management plans shall be prin-
(b) replacing line 3 on page 8 with the following:
Minister of Fisheries and Oceans
(4) Provisions of a management plan or interim management plan re-
(c) replacing lines 9 to 11 on page 8 with the following:
an area that is the subject of a land claims agreement, the management plan or
interim management plan for the marine conservation area and any amendments to
it shall be
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 9, as amended, carried.
On Clause 10,
Sarmite Bulte moved, -- That Bill C-10, in Clause 10, be amended by replacing lines 14 to 25 on page 8 with the following:
Consultation
10. (1) The Minister shall consult with relevant federal and provincial
ministers and agencies, with affected coastal communities, aboriginal
organizations, aboriginal governments and bodies established under land claims
agreements, and with other persons and bodies that the Minister considers
appropriate in the development of marine conservation area policy and
regulations, the establishment of any proposed marine conservation area and the
modification of any marine conservation area, and any other matters that the
Minister considers appropriate.
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 10, as amended, carried.
On Clause 11,
Andy Burton moved, -- That Bill C-10, in Clause 11, be amended by replacing line 36 on page 8 with the following:
"of the management plan for the area. The advisory committee shall report in writing its findings and recommendations to the Minister. The Minister shall cause to be tabled in each House of Parliament each report from the advisory committee, upon receipt."
After debate, the question being put on the amendment, it was negatived by a show of hands.
Sarmite Bulte moved, -- That Bill C-10, in Clause 11, be amended by replacing lines 41 to 44 on page 8 with the following:
Composition
(3) The Minister shall consult with relevant federal and provincial ministers
and agencies, with affected coastal communities, aboriginal organizations,
aboriginal governments and bodies established under land claims agreements, and
with other persons and bodies that the Minister considers appropriate
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 11, as amended, carried.
Clause 12 carried.
On Clause 13,
Andy Burton moved, -- That Bill C-10, in Clause 13, be amended by replacing line 9 on page 9 with the following:
"other inorganic matter except pursuant to section 13.1 within a marine con-"
After debate, the question being put on the amendment, it was negatived by a show of hands.
Andy Burton moved, -- That Bill C-10 in Clause 13, be amended by adding
after line 10 on page 9 the following new clause:
After debate, the question being put on the amendment, it was negatived by a show of hands.
Clause 13 carried.
On Clause 14,
Sarmite Bulte moved, -- That Bill C-10, in Clause 14, be amended by replacing, in the English version, line 12 on page 9 with the following:
substance in waters within a marine con-
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 14, as amended, carried.
On Clause 15,
Sarmite Bulte moved, -- That Bill C-10, in Clause 15, be amended by replacing line 30 on page 9 with the following:
instruments for activities that are consistent with the management plan or interim management plan in the marine con-
After debate, the question being put on the amendment, it was adopted by a show of hands.
Sarmite Bulte moved, -- That Bill C-10, in Clause 15, be amended by
(a) replacing line 32 on page 9 with the following:
Fishing licences
(2) A fishing licence issued under the Fisheries Act
(b) replacing line 41 on page 9 with the following:
suspend or revoke a fishing licence issued under the
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 15, as amended, carried.
On Clause 16,
Sarmite Bulte moved, -- That Bill C-10, in Clause 16, be amended by adding after line 7 on page 11 the following:
Search and rescue operations
(1.1) Regulations made under this section do not apply in respect of search and
rescue operations carried out by any federal authority.
After debate, the question being put on the amendment, it was adopted by a show of hands.
Sarmite Bulte moved, -- That Bill C-10, in Clause 16, be amended by deleting lines 36 to 43 on page 11.
After debate, the question being put on the amendment, it was adopted by a show of hands.
Andy Burton moved, -- That Bill C-10, in Clause 16, be amended by adding
after line 43 on page 11 the following:
After debate, the question being put on the amendment, it was negatived by a show of hands.
Clause 16, as amended, carried.
On Clause 17,
Sarmite Bulte moved, -- That Bill C-10, in Clause 17, be amended by replacing lines 1 to 8 on page 12 with the following:
Exemption of ship and air movements and activities
17. The Governor in Council may, by regulation, exempt from any regulation made
under section 16 or from any provision thereof, subject to any conditions that the
Governor in Council considers appropriate, movements or activities of a ship or
aircraft, or of a class of ships or aircraft, owned by or operated by or on
behalf of Her Majesty in right of Canada, or owned or operated by Her Majesty
in right of a province or a foreign state, if so recommended by the Minister
and any other minister of the Crown having responsibility in relation to the
movement or activity and if the Governor in
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 17, as amended, carried.
Clause 18 carried.
On Clause 19,
Sarmite Bulte moved, -- That Bill C-10, in Clause 19, be amended by replacing line 35 on page 12 with the following:
pal or local authority or an aboriginal government, whose duties include
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 19, as amended, carried.
Clause 20 carried.
Clause 21 carried.
On Clause 22,
Andy Burton moved, -- That Bill C-10, in Clause 22, be amended by deleting lines 21 to 26 on page 14.
After debate, the question being put on the amendment, it was negatived by a show of hands.
Clause 22 carried.
On Clause 23,
Sarmite Bulte moved, -- That Bill C-10, in Clause 23, be amended by replacing line 4 on page 15 with the following:
cial, municipal or local authority or an aboriginal government.
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 23, as amended, carried.
Clauses 24 to 28 carried severally.
On Clause 29,
Sarmite Bulte moved, -- That Bill C-10, in Clause 29, be amended by replacing line 35 on page 17 with the following:
subsection (1), the Minister shall direct the
After debate, the question being put on the amendment, it was adopted by a show of hands.
Clause 29, as amended, carried.
Clause 30 was negatived by a show of hands.
On Clause 31
On new Clause (31.1)
By unanimous consent, Sarmite Bulte moved, -- That Bill C-10 be amended by adding after line 23 on page 18 the following:
31.1 Subsection 4(2) of the Act is replaced by the following:
Purpose of reserves
(2) Park reserves are established in accordance with this Act for the purpose
referred to in subsection (1) where an area or a portion of an area proposed
for a park is subject to a claim in respect of aboriginal rights that has been
accepted for negotiation by the Government of Canada.
31.2 Subsection 5(2) of the Act is replaced by the following:
Judicial finding as to title
(2) If a court of competent jurisdiction finds that Her Majesty in right of
Canada does not have clear title to or an unencumbered right of ownership in
lands within a park, the Governor in Council may, by order, amend Schedule 1 by
removing the name and description of the park or by altering that description.
No reduction of park area
(3) Except as provided by subsection (2), no amendment may be made by the
Governor in Council to Schedule 1 for the purpose of removing any portion of a
park.
31.3 (1) The portion of subsection 6(2) of the Act before paragraph (a) is
replaced by the following:
Reserve lands becoming park
(2) Where a claim referred to in subsection 4(2) is settled, the Governor in
Council may, by order,
(2) Subsection 6(3) of the Act is replaced by the following:
Judicial finding as to title
(3) If a court of competent jurisdiction finds that Her Majesty in right of
Canada does not have clear title to or an unencumbered right of ownership in
lands within a park reserve, the Governor in Council may, by order, amend
Schedule 2 by removing the name and description of the reserve or by altering
that description.
No reduction of reserve area
(4) Except as provided by subsections (2) and (3), no amendment may be made by
the Governor in Council to Schedule 2 for the purpose of removing any portion
of a park reserve.
31.4 Section 19 of the Act is replaced by the following:
Designation of enforcement officers
19. The Minister may designate persons or classes of persons employed in the
public service of Canada or by a provincial, municipal or local authority or an
aboriginal government, whose duties include law enforcement, to be enforcement
officers for the purpose of the enforcement of specified provisions of this Act
or the regulations in relation to specified parks, and for that purpose enforcement
officers have the powers and are entitled to the protection provided by law to
peace officers within the meaning of the Criminal Code.
31.5 Subsection 23(2) of the Act is replaced by the following:
Forfeiture where ownership not ascertainable
(2) If the lawful ownership of or entitlement to a seized thing cannot be
ascertained within 30 days after its seizure, the thing or any proceeds of its
disposition are forfeited to Her Majesty in right of Canada, if the thing was
seized by a park warden or by an enforcement officer employed in the public
service of Canada, or to Her Majesty in right of a province, if the thing was
seized by an enforcement officer employed by a provincial, municipal or local
authority or an aboriginal government.
After debate, the question being put on the amendment, it was adopted.
Clause 31, as amended, carried.
Clauses 32 to 41 carried severally.
Schedule I carried.
Schedule II carried.
Clause 1 carried.
On the Preamble,
Andy Burton moved, -- That Bill C-10, in the preamble, be amended by replacing lines 8 to 10 on page 1 with the following:
"are threats of serious or irreversible environmental damage, lack of full scientific certainty is not to be used as a reason for postponing cost-effective measures to prevent environmental degradation;"
After debate, the question being put on the amendment, it was negatived by a show of hands.
Sarmite Bulte moved, -- That Bill C-10, in the Preamble, be amended by replacing lines 34 and 35 on page 1 with the following:
provide opportunities, through the zoning of marine conservation areas, for the ecologically sus-
After debate, the question being put on the amendment, it was adopted by a show of hands.
Sarmite Bulte moved, -- That Bill C-10, in the Preamble, be amended by replacing lines 3 to 9 on page 2 with the following:
for research and monitoring,
consider traditional ecological knowledge in the planning and management of
marine conservation areas, and
involve federal and provincial ministers and agencies, affected coastal communities,
aboriginal organizations, aboriginal governments, bodies established under land
claims agreements and other appropriate persons and bodies in the effort to
establish and
After debate, the question being put on the amendment, it was adopted by a show of hands.
The Preamble, as amended, carried.
The Title carried.
The Bill, as amended, carried.
ORDERED, -- That Bill C-10, An Act respecting the national marine conservation areas of Canada, as amended, be reprinted for the use of the House of Commons at Report Stage.
ORDERED, -- That the Chair report Bill C-10 with amendments to the House as the Second Report of the Committee.
At 5:00 p.m., the Committee adjourned to the call of the Chair.
Christine Fisher
Clerk of the Committee