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MINUTES OF PROCEEDINGS
 
Meeting No. 24
 
Wednesday, March 28, 2007
 

The Legislative Committee on Bill C-30 met in a televised session at 3:30 p.m. this day, in Room 237-C, Centre Block, the Chair, Laurie Hawn, presiding.

 

Members of the Committee present: Leon Benoit, Bernard Bigras, Steven Blaney, Steven Blaney, Nathan Cullen, Paul Dewar, Hon. John Godfrey, Laurie Hawn, Mark Holland, Brian Jean, Marcel Lussier, Fabian Manning, David J. McGuinty, Hon. Christian Paradis, Francis Scarpaleggia, Maurice Vellacott, Mark Warawa and Jeff Watson.

 

In attendance: House of Commons: Joann Garbig, Legislative Clerk; Marc Toupin, Legislative Clerk. Library of Parliament: Tim Williams, Analyst; Sam Banks, Analyst.

 

Participants present: Department of Natural Resources: Carol Buckley, Director General, Office of Energy Efficiency; Joanne Kellerman, General Counsel, Legal Services. Department of Transport: Guylaine Roy, Director General, Environmental Affairs. Department of Justice Canada: Brenda MacKenzie, Legal Counsel.

 
Pursuant to the Order of Reference of Monday, December 4, 2006, the Committee resumed consideration of Bill C-30, An Act to amend the Canadian Environmental Protection Act, 1999, the Energy Efficiency Act and the Motor Vehicle Fuel Consumption Standards Act (Canada's Clean Air Act).
 

The Committee resumed its clause-by-clause study of the Bill.

 

On Clause 46,

David J. McGuinty moved, — That Bill C-30, in Clause 46, be amended by adding after line 34 on page 32 the following:

“(4) Section 20 of the Act is amended by adding the following after subsection (2):

(3) Within four years after the day on which this subsection comes into force, the Governor in Council shall, in consultation with the provinces and territories, make regulations establishing energy efficiency standards for all energy-using products the use of which has a significant or an increasing impact on energy consumption in Canada.

(4) The standards referred to in subsection (3) shall be reviewed by the Governor in Council at least once in every three years to ensure that the energy efficiency standards provided for by the standards are at least equivalent to the levels set by the most stringent standards applicable in other jurisdictions in North America.”

Debate arose thereon.

 

At 4:04 p.m., the sitting was suspended.

At 4:08 p.m., the sitting resumed.

 

After debate, the question was put on the amendment of David J. McGuinty and it was agreed to, by a show of hands: YEAS: 12; NAYS: 0.

 

Clause 46, as amended, carried by a show of hands: YEAS: 12; NAYS: 0.

 

On new Clause 46.1,

Nathan Cullen moved, — That Bill C-30 be amended by adding after line 34 on page 32 the following new clause:

“46.1 Section 21 of the Act is amended by striking out the word “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(d.1) establish, in cooperation with the Minister designated for the purposes of the National Housing Act, a program for the purpose of assisting low-income Canadians to reduce the energy consumption of housing projects as defined in section 2 of that Act; and”

Debate arose thereon.

 

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 655 of House of Commons Procedure and Practice.

 
Paul Dewar moved, — That Bill C-30 be amended by adding after line 34 on page 32 the following new clause:

“46.1 The Act is amended by adding the following after section 20:

20.1 (1) Subject to any regulations made under subsection (2), the Minister shall, within one year after the coming into force of this section, make regulations providing that after December 31, 2011, no person shall sell a light bulb that emits less than 60 lumens per watt..

(2) The Minister may make regulations exempting certain light bulb sales from the application of subsection (1) if the purpose of those sales is to provide light bulbs for a specialized lighting application—including a medical or public safety application—for which it is not possible to use a light bulb that meets the requirements set out in subsection (1).”

 

After debate, the question was put on the amendment of Nathan Cullen and it was negatived on the following recorded division: YEAS: Bernard Bigras, Marcel Lussier — 2; NAYS: Nathan Cullen, Brian Jean, Fabian Manning, Christian Paradis, Mark Warawa, Jeff Watson — 6.

 

At 5:01 p.m., the sitting was suspended.

At 5:09 p.m., the sitting resumed.

 
David J. McGuinty moved, — That Bill C-30 be amended by adding before line 1 on page 33 the following new clause:

“46.1 The Motor Vehicle Fuel Consumption Standards Act is amended by adding, after the long title, the following:

WHEREAS the Government of Canada is committed to a clean environment, healthy Canadians, and the reduction of domestic greenhouse gas emissions;

AND WHEREAS the Government of Canada is committed to having fuel consumption standards that meet or exceed international best practices;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:”

Debate arose thereon.

 

Mark Warawa moved, — That the amendment be amended by deleting all the words after the words “is amended by adding” and substituting the following:

“the following before the heading before section 1:

Whereas the Government of Canada seeks to achieve sustainable development by integrating environmental, social and economic factors in the making of all decisions;

Whereas the Government of Canada is determined to reduce greenhouse gas emissions and significantly improve motor vehicle fuel efficiency;

Whereas the Government of Canada is committed to regulating the fuel consumption ofmotor vehicles;

Whereas the Government of Canada recognizes that the motor vehicle industry operates in an integrated North American market;

And whereas the Government of Canada seeks to establish an ambitious and realistic standard for motor vehicles that is achievable within a North American market and that significantly contributes to the reduction of greenhouse gas emissions;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: ”

 

The Chair ruled the proposed subamendment inadmissible as it introduced a new proposition that should be moved as a substantive motion, as provided on page 453 of House of Commons Procedure and Practice.

 

At 5:29 p.m., the sitting was suspended.

At 6:42 p.m., the sitting resumed.

 

Mark Warawa moved, — That the amendment be amended by replacing the words “ WHEREAS the Government of Canada is committed to a clean environment, healthy Canadians, and the reduction of domestic greenhouse gas emissions;” with the words

“Whereas the Government of Canada seeks to achieve sustainable development by integrating environmental, social and economic factors in the making of all decisions;

Whereas the Government of Canada is determined to reduce greenhouse gas emissions and significantly improve motor vehicle fuel efficiency;

Whereas the Government of Canada is committed to regulating the fuel consumption ofmotor vehicles;

Whereas the Government of Canada recognizes that the motor vehicle industry operates in an integrated North American market;

And whereas the Government of Canada seeks to establish an ambitious and realistic standard for motor vehicles that is achievable within a North American market and that significantly contributes to the reduction of greenhouse gas emissions;”

 

After debate, the question was put on the subamendment of Mark Warawa and it was negatived on the following recorded division: YEAS: Steven Blaney, Brian Jean, Fabian Manning, Mark Warawa, Jeff Watson — 5; NAYS: Bernard Bigras, Nathan Cullen, John Godfrey, Mark Holland, Marcel Lussier, David J. McGuinty, Francis Scarpaleggia — 7.

 

The question was put on the amendment of David J. McGuinty and it was agreed to on the following recorded division: YEAS: Bernard Bigras, Nathan Cullen, John Godfrey, Mark Holland, Marcel Lussier, David J. McGuinty, Francis Scarpaleggia — 7; NAYS: Steven Blaney, Brian Jean, Fabian Manning, Mark Warawa, Jeff Watson — 5.

 
Mark Warawa moved, — That Bill C-30 be amended by adding before line 1 on page 33 the following new clause:

“46.1 The Motor Vehicle Fuel Consumption Standards Act is amended by adding the following before the heading before section 1:

Whereas the Government of Canada seeks to achieve sustainable development by integrating environmental, social and economic factors in the making of all decisions;

Whereas the Government of Canada is determined to reduce greenhouse gas emissions and significantly improve motor vehicle fuel efficiency;

Whereas the Government of Canada is committed to regulating the fuel consumption ofmotor vehicles;

Whereas the Government of Canada recognizes that the motor vehicle industry operates in an integrated North American market;

And whereas the Government of Canada seeks to establish an ambitious and realistic standard for motor vehicles that is achievable within a North American market and that significantly contributes to the reduction of greenhouse gas emissions;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:”

 

After debate, the question was put on the amendment and the result of the vote was announced: YEAS: 6; NAYS: 6.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

 

On Clause 47,

Mark Warawa moved, — That Bill C-30, in Clause 47, be amended by replacing lines 1 and 2 on page 33 with the following:

“47. Subsection 3 of the Act is renumbered as”

 

After debate, the question was put on the amendment of Mark Warawa and it was negatived, by a show of hands: YEAS: 5; NAYS: 7.

 
David J. McGuinty moved, — That Bill C-30, in Clause 47, be amended by replacing lines 2 to 12 on page 33 with the following:

Consumption Standards Act is replaced by the following:

3. (1) The Governor in Council shall make regulations prescribing, for the purposes of section 11, a fuel consumption standard that meets or exceeds international best practices for any prescribed class of motor vehicle for any year.

(2) A regulation made under subsection (1) may prescribe a method of establishing the fuel consumption standard, including one that permits the use of factors that vary from company to company, such as factors related to the number or size of motor vehicles sold in Canada by each company in the year to which the standard applies.

(3) Regulations made under subsection (1) shall be published in the Canada Gazette within one year after the coming into force of this section and shall come into force on the expiry of the existing Memorandum of Understanding between the Government of Canada and the Canadian Automotive Industry Respecting Automobile Greenhouse Gas Emissions.

(4) Starting in 2011, the fuel consumption standards prescribed under this section shall be benchmarked against leading standards in other jurisdictions considering technical feasibility.”

 

At 7:18 p.m., the sitting was suspended.

At 7:21 p.m., the sitting resumed.

 

After debate, the question was put on the amendment of David J. McGuinty and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 

Clause 47, as amended, carried by a show of hands: YEAS: 7; NAYS: 5.

 

On Clause 48,

Nathan Cullen moved, — That Bill C-30, in Clause 48, be amended by replacing line 13 on page 33 with the following:

“48. Section 5 of the Act is replaced by the following:

5. Prior to the publication of a proposed regulation under section 4, the Minister, the Minister of Natural Resources, the Minister of the Environment and the Minister of Industry shall undertake a regulations design and development exercise which includes participation from provinces and territories, labour organizations, environmental organizations, companies and other interested persons.”

 

After debate, the question was put on the amendment of Nathan Cullen and it was agreed to, by a show of hands: YEAS: 12; NAYS: 0.

 

Clause 48, as amended, carried by a show of hands: YEAS: 12; NAYS: 0.

 

On new Clause 48.1,

David J. McGuinty moved, — That Bill C-30 be amended by adding after line 13 on page 33 the following new clause:

“48.1 The Act is amended by adding the following after section 22:

22.1 (1) The Governor in Council shall develop regulations regarding a fuel efficiency labelling scheme for motor vehicles.

(2) Regulations made under subsection (1) shall require all motor vehicles intended for sale in Canada to prominently display a verified fuel efficiency rating that clearly shows the vehicle's performance relative to the best and worst in its class and best and worst overall.

(3) Regulations made under subsection (1) shall come into force within six months after the coming into force of this section.”

 

After debate, the question was put on the amendment of David J. McGuinty and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 

Clause 49 carried by a show of hands: YEAS: 12; NAYS: 0.

 

Clause 50 carried by a show of hands: YEAS: 12; NAYS: 0.

 

On Clause 51,

Bernard Bigras moved, — That Bill C-30, in Clause 51, be amended by replacing lines 28 to 39 on page 35 with the following:

“51. Section 39 of the Act is replaced by the following:

39. This Act comes into force 30 days after the bill introduced in the 1st Session of the 39th Parliament and entitled An Act to amend the Canadian Environmental Protection Act, 1999, the Energy Efficiency Act and the Motor Vehicle Fuel Consumption Standards Act (Canada's Clean Air Act) receives royal assent.”

 

After debate, the question was put on the amendment of Bernard Bigras and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 

Clause 51, as amended, carried by a show of hands: YEAS: 7; NAYS: 5.

 

On new Clause 51.1,

Nathan Cullen moved, — That Bill C-30 be amended by adding after line 39 on page 35 the following new clauses:

“PART 4

AMENDMENTS TO THE INCOME TAX REGULATIONS

51.1 (1) The definition “tar sands ore” in subsection 1104(2) of the Income Tax Regulations is repealed.

(2) Paragraphs 1104(5)(a) and (b) of the Regulations are replaced by the following:

(a) the processing by the taxpayer of

(i) ore (other than iron ore) all or substantially all of which is from a mineral resource owned by the taxpayer to any stage that is not beyond the prime metal stage or its equivalent, or

(ii) iron ore all or substantially all of which is from a mineral resource owned by the taxpayer to any stage that is not beyond the pellet stage or its equivalent; and

(3) Subparagraphs 1104(5)(c) (i) to (iii) of the Regulations are replaced by the following:

(i) output, other than iron ore, from a mineral resource owned by the taxpayer that has been processed by him to any stage that is not beyond the prime metal stage or its equivalent, or

(ii) iron ore from a mineral resource owned by the taxpayer that has been processed by him to any stage that is not beyond the pellet stage or its equivalent,

(4) Subparagraphs 1104(5.1)(a)(i) to (iv) of the Regulations are replaced by the following:

(i) ore (other than iron ore) from a mineral resource owned by the taxpayer to any stage that is not beyond the prime metal stage or its equivalent, and

(ii) iron ore from a mineral resource owned by the taxpayer to any stage that is not beyond the pellet stage or its equivalent;

(5) Subparagraphs 1104(5.1)(b)(i) to (iv) of the Regulations are replaced by the following:

(i) ore (other than iron ore) from a mineral resource not owned by the taxpayer, to any stage that is not beyond the prime metal stage or its equivalent, and

(ii) iron ore from a mineral resource not owned by the taxpayer to any stage that is not beyond the pellet stage or its equivalent

(6) Subsection 1104(5.2) of the Regulations is repealed.

(7) Subsection 1104(6) of the Regulations is replaced by the following:

(6) For the purposes of Class 10 in Schedule II,

(a) “income from a mine” includes income reasonably attributable to the processing of

(i) ore, other than iron ore, from a mineral resource not owned by the taxpayer to any stage that is not beyond the prime metal stage or its equivalent, or

(ii) iron ore from a mineral resource not owned by the taxpayer to any stage that is not beyond the pellet stage or its equivalent; and

(b) “mine” includes a well for the extraction of material from a deposit of calcium chloride, halite or sylvite.

(8) Paragraph 1104(7)(a) of the Regulations is replaced by the following:

(a) “mine” includes

(i) a well for the extraction of material from a deposit of calcium chloride, halite or sylvite, and

(ii) a pit for the extraction of kaolin,

but does not include

(iii) an oil or gas well, or

(iv) a sand pit, gravel pit, clay pit, shale pit, peat bog, deposit of peat or a stone quarry (other than a kaolin pit), or a pit or well for the extraction of material from a deposit of bituminous sands or oil shales;

(9) Paragraph 1104(7)(c) of the Regulations is repealed.

(10) Paragraph 1104(9)(f) of the Regulations is replaced by the following:

(f) processing of

(i) ore, other than iron ore, from a mineral resource to any stage that is not beyond the prime metal stage or its equivalent, or

(ii) iron ore from a mineral resource to any stage that is not beyond the pellet stage or its equivalent;

51.2 The portion of Class 28 of Schedule II to the Regulations following paragraph (e) is replaced by the following:

or that would be described in paragraphs (b) to (e) if in those paragraphs each reference to “after November 7, 1969” were read as “before November 8, 1969”.

51.3 Paragraph (a.2) of Class 41 of Schedule II to the Regulations is repealed.”

 

The Chair ruled the proposed amendment inadmissible because it created a new charge on the people that was not preceded by the adoption of a Ways and Means motion, as provided on page 655 of House of Commons Procedure and Practice.

 

Whereupon, Nathan Cullen appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Bernard Bigras, John Godfrey, Mark Holland, Brian Jean, Marcel Lussier, Fabian Manning, David J. McGuinty, Christian Paradis, Francis Scarpaleggia, Mark Warawa, Jeff Watson — 11; NAYS: Nathan Cullen — 1.

 

On Clause 52,

Nathan Cullen moved, — That Bill C-30, in Clause 52, be amended by replacing lines 40 to 43 on page 35 with the following:

“52. This Act comes into force thirty days after the day on which it receives royal assent.”

 

After debate, the question was put on the amendment of Nathan Cullen and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 

Clause 52, as amended, carried.

 

At 9:30 p.m., the Committee adjourned to the call of the Chair.

 



Chad Mariage
Clerk of the Committee

 
 
2007/04/16 1:17 p.m.