ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 2

Thursday, November 7, 2002

The Standing Committee on Environment and Sustainable Development met in a televised session at 9:10 a.m. this day, in Room 253-D, Centre Block, the Chair, The Hon. Charles L. Caccia, presiding.

Members of the Committee present: Roy Bailey, Bernard Bigras, The Hon. Charles L. Caccia, Joe Comartin, John Herron, Nancy Karetak-Lindell, Karen Kraft Sloan, Rick Laliberte, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer, Alan Tonks.

Acting Members present: Clifford Lincoln for Julian Reed, Paddy Torsney for Rick Laliberté, André Harvey for Rick Laliberté, Raymond Simard for Rick Laliberté,

In attendance: From the Research Branch of the Library of Parliament: Kristen Douglas and Tim Williams, analysts.

Witnesses: From the Canadian Environmental Assessment Agency: Robert G. Connelly, Vice-President, Policy Development; Heather Smith, Senior Counsel, Legal Services.

The Order of Reference dated Monday, October 7, 2002, being now read as follows:

ORDERED, -- That Bill C-9, An Act to amend the Canadian Environmental Assessment Act be now read a second time and referred to the Standing Committee on Environment and Sustainable Development.

The Committee proceeded to Clause-by-Clause consideration of Bill C-9, An Act to amend the Canadian Environmental Assessment Act.

The Chair called Clause 1.

The witnesses answered questions.

On Clause 1,

Bob Mills moved, -- That Bill C-9, in Clause 1, be amended

(a) by replacing line 5 on page 1 with the following:

“study”, “exclusion list” and “mitigation” in subsection

(b) by adding after line 18 on page 1 the following:

“mitigation” means, in respect of a project, the elimination, reduction or control of the adverse environmental effects of the project, and includes restitution for any damage to the environment caused by such effects through replacement, restoration, compensation, adaptive management processes or any other means;

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

Karen Redman moved, -- That Bill C-9, in Clause 1, be amended by replacing, in the English version, line 16 on page 1 with the following:

"from the requirement to conduct an assess-"

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

Karen Kraft Sloan moved, -- That Bill C-9, in Clause 1, be amended by replacing lines 32 to 34 on page 1 with the following:

“sions Act, a not-for-profit corporation that enters”

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

Bernard Bigras moved, -- That Bill C-9, in Clause 1, be amended by replacing line 15 on page 2 with the following:

“ry, the Northwest Territories or Nunavut, and lands that are described in An Act approving the Agreement concerning James Bay and Northern Quebec (Quebec), ”

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

Karen Redman moved, -- That Bill C-9, in Clause 1, be amended by adding after line 21 on page 2 the following:

(5) Section 2 of the Act is amended by adding the following after subsection (2):

For greater certainty

(3) For greater certainty, any construction, operation, modification, decommissioning, abandonment or other undertaking in relation to a physical work and any activity that is prescribed or is within a class of activities that is prescribed for the purposes of the definition "project" in subsection (1) is a project for at least so long as, in relation to it, a person or body referred to in subsection 5(1) or (2), 8(1.1), 9(2), 9.1(2), 10(1) or 10.1(2) is considering, but has not yet taken, an action referred to in those subsections.

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

Clause 1 stood.

On Clause 2,

Bernard Bigras moved, -- That Bill C-9, in Clause 2, be amended by replacing line 27 on page 2 with the following:

“assessment processes for projects and with due regard to the powers conferred to the provinces;”

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

John Herron moved, -- That Bill C-9, in Clause 2, be amended by adding after line 31 on page 2 the following:

“(b.4) to ensure that environmental programs and policies include a consideration of the environmental assessments conducted under this Act;”

After debate, by unanimous consent, the motion was withdrawn.

Joe Comartin moved, -- That Bill C-9, in Clause 2, be amended by adding after line 31 on page 2 the following:

“(2) Section 4 of the Act is renumbered as subsection 4(1) and is amended by adding the following:

(2) For greater certainty, cooperation and coordinated actions between federal and provincial governments with respect to environmental assessment processes for projects shall meet or exceed the environmental assessment processes for projects as set out in this Act.”

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

Joe Comartin moved, -- That Bill C-9, in Clause 2, be amended by adding after line 31 on page 2 the following:

“(3) Section 4 of the Act is amended by adding the following after subsection (2):

(3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.”

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

Clause 2 stood.

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

Eugene Morawski
Clerk of the Committee