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MINUTES OF PROCEEDINGS
 
Meeting No. 25
 
Thursday, March 29, 2007
 

The Legislative Committee on Bill C-30 met in a televised session at 9:05 a.m. this day, in Room 237-C, Centre Block, the Chair, Laurie Hawn, presiding.

 

Members of the Committee present: Bernard Bigras, Ken Boshcoff, Nathan Cullen, Hon. Roy Cullen, Paul Dewar, Hon. John Godfrey, Jacques Gourde, Laurie Hawn, Mark Holland, Brian Jean, Marcel Lussier, Fabian Manning, David J. McGuinty, Francis Scarpaleggia, Mark Warawa and Jeff Watson.

 

Other Members present: Steven Blaney and Luc Harvey.

 

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

 

Other Participants present: Department of the Environment: John Moffet, Acting Director General. Environment Canada: Jeevan Mykoo, Policy Analyst. Department of Justice Canada: Mr. Michel Ares, Counsel. Department of Health: Phil Blagden, Manager.

 
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.

 

The witnesses answered questions.

 

It was agreed, —That Clause 2 and Clause 3, previously stood, be further stood.

 

The Committee reverted to Clause 4 previously stood.

 

After debate, Clause 4 was negatived by a show of hands: YEAS: 0; NAYS: 7.

 

The Committee reverted to Clause 5 and the amendment of Nathan Cullen, previously stood —That Bill C-30, in Clause 5, be amended by replacing lines 15 to 38 on page 3 and lines 1 to 9 on page 4 with the following: “5. (1) Subsections 10(4) to (9) of the Act are replaced by the following:”

 

After debate, by unanimous consent, the amendment was withdrawn.

 

At 9:14 a.m., the sitting was suspended.

At 9:22 a.m., the sitting resumed.

 
Mark Warawa moved, — That Bill C-30, in Clause 5, be amended by replacing lines 4 and 5 on page 4 with the following:

“(a) provisions, the effects of which will demonstrably provide an equivalent or superior level of protection of the environment and human health based on, amongst other factors, the quantifiable effects of the regulation and the effective enforcement and compliance of the federal regulation;”

 

By unanimous consent, the amendment was allowed to stand.

 
Mark Warawa moved, — That Bill C-30, in Clause 5, be amended by adding after line 9 on page 4 the following:

“(3.1) An agreement shall include a method of determining whether the terms and conditions of the agreement are being fully met.”

Debate arose thereon.

 

The question was put on the amendment of Mark Warawa and it was agreed to, by a show of hands: YEAS: 12; NAYS: 0.

 

At 10:02 a.m., the sitting was suspended.

At 10:13 a.m., the sitting resumed.

 

The Committee resumed consideration of the amendment of Mark Warawa previously stood and which, by unanimous consent, read as follows: — That Bill C-30, in Clause 5, be amended by replacing lines 4 and 5 on page 4 with the following:

“(a) provisions, the effects of which will demonstrably provide an equivalent or superior level of protection of the environment and human health based on, amongst other factors, the quantifiable effects of the regulation on the environment and human health and the effective enforcement and compliance of the federal regulation;”

 

The question was put on the amendment of Mark Warawa and it was agreed to, by a show of hands: YEAS: 12; NAYS: 0.

 
David J. McGuinty moved, — That Bill C-30, in Clause 5, be amended by replacing line 19 on page 3 with the following:

“made under subsection 93(1), 103.05(2), 103.07(2)(b), 118(1),”

 

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: 0.

 
Nathan Cullen moved, — That Bill C-30, in Clause 5, be amended by deleting lines 31 to 34 on page 4.

 

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

 

After debate, Clause 5, as amended, carried by a show of hands: YEAS: 12; NAYS: 0.

 

The Committee reverted to Clause 10 previously stood.

 

After debate, Clause 10 was negatived by a show of hands: YEAS: 0; NAYS: 7.

 

The Committee reverted to the consideration of new Clause 10.1 and the amendment of Nathan Cullen, previously stood, which, by unanimous consent, read as follows:

That Bill C-30 be amended by adding after line 18 on page 6 the following new clause:

“10.1 The Act is amended by adding the following after section 68:

68.1 (1) Within five years after the coming into force of Canada's Clean Air Act, the Minister shall require an assessment of the following substances and an action plan for achieving their substitution:

(a) known or suspected carcinogens identified by the International Agency for Research on Cancer (IARC), and which have not been identified for the assessment under section 74; and

(b) substances of concern identified by the Minister.

(2) Where a substance is slated for safe substitution, that substance shall be phased out of use within ten years after this section comes into force.”

 

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.

 

At 10:58 a.m., the sitting was suspended.

At 11:25 a.m., the sitting resumed.

 

The Committee reverted to Clause 14 previously stood.

 
Nathan Cullen moved, — That Bill C-30, in Clause 14, be amended by adding after line 14 on page 9 the following:

“(3) Subsection 93(1) of the Act is amended by striking out the word “and” at the end of paragraph (x) and by adding the following after paragraph (x):

(x.1) the monitoring of the substance and the reporting to either Minister of the effects on the environment and human health from releases into the environment of the substances; and”

 

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 14, as amended, carried by a show of hands: YEAS: 7; NAYS: 0.

 

The Committee reverted to Clause 22 previously stood.

 
David J. McGuinty moved, — That Bill C-30, in Clause 22, be amended by replacing line 24 on page 26 with the following:

“subsection 93(1), 103.07(2)(b) or 140(1);”

 

At 11:36 a.m., the sitting was suspended.

At 11:39 a.m., the sitting resumed.

 

The Committee resumed consideration of Clause 22 and the amendment of David McGuinty, —That Bill C-30, in Clause 22, be amended by replacing line 24 on page 26 with the following:

“subsection 93(1), 103.07(2)(b) or 140(1);”

 

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

 

The Committee reverted to Clause 24 previously stood.

 
David J. McGuinty moved, — That Bill C-30, in Clause 24, be amended by replacing line 4 on page 27 with the following:

“(d), subsection 103.07(2)(b) and paragraphs 209(2)(a), (b),”

Debate arose thereon.

 

At 11:48 a.m., the sitting was suspended.

At 11:53 a.m., the sitting resumed.

 

The Committee resumed consideration of Clause 24 and the amendment of David McGuinty, — That Bill C-30, in Clause 24, be amended by replacing line 4 on page 27 with the following:

“(d), subsection 103.07(2)(b) and paragraphs 209(2)(a), (b),”

 

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

 

The Committee reverted to Clause 34 previously stood.

 
David J. McGuinty moved, — That Bill C-30, in Clause 34, be amended by replacing line 29 on page 29 with the following:

“93(1), subsection 103.05(2), paragraph 103.07(2)(b), or sections 167, 177 or 326”

Debate arose thereon.

 

By unanimous consent, the amendment was withdrawn.

 

At 12:01 p.m., the sitting was suspended.

At 12:06 p.m., the sitting resumed.

 
David J. McGuinty moved, — That Bill C-30, in Clause 34, be amended by replacing lines 23 to 35 on page 29 with the following:

“326 may be made applicable in only a part or parts of Canada, including any province, in order to protect the environment, its biological diversity or human health or to achieve national consistency in environmental quality.

(3.2) A regulation or instrument made under subsection 93(1), 94.1(1), 103.02(4), 103.02(5), or section 167, 177 or 326 may distinguish among persons, works, undertakings or activities according to any factors that, in the opinion of the Governor in Council or Ministers, as the case may be, will allow for the making of a regulation or instrument that provides for satisfactory protection of the environment or human life or health, including”

 

At 12:19 p.m., the sitting was suspended.

At 12:36 p.m., the sitting resumed.

 

After debate, the question was put on the amendment and the result of the vote was announced: YEAS: 5; NAYS: 5.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

 

Clause 34, as amended, carried by a show of hands: YEAS: 7; NAYS: 5.

 

The Committee reverted to Clause 2 previously stood.

 
John Godfrey moved, — That Bill C-30, in Clause 2, be amended by replacing lines 6 to 16 on page 1 with the following:

“2. (1) The preamble of the Canadian Environmental Protection Act, 1999 is amended by adding the following before the first paragraph:

Whereas the Government of Canada is committed to having a national carbon budget;

Whereas the Government of Canada recognizes that air pollution and greenhouse gases constitute a risk to the environment and its biological diversity and to human health of national and international concern which cannot be contained within geographic boundaries;

Whereas the Government of Canada recognizes that air pollution and greenhouse gases are matters within the jurisdiction of both the Government of Canada and the governments of the provinces;

Whereas the Government of Canada recognizes that climate change constitutes one of the most serious threats to humanity and to Canada, and poses major risks not only to the environment and the economy, but above all to the health and safety of all people;

Whereas the Government of Canada has an undeniable responsibility to respond to climate change, given that its per capita wealth is among the highest in the world and that some of the most severe impacts of climate change are already being felt in Canada, especially in the Arctic;

Whereas the Government of Canada signed the United Nations Framework Convention on Climate Change which entered into force in 1994, and Parliament ratified in 2002 by a majority vote in the House of Commons and the Senate the Kyoto Protocol which entered into force in 2005 and under which Canada must honour its obligation to reduce its average annual greenhouse gas emissions during the period from 2008 to 2012 to six percent below their level in 1990;”

(2) The preamble of the Act is amended by replacing the eighth paragraph with the following:

“Whereas the federal regulatory system for toxic substances should be designed to minimize health and environmental risks posed by toxic substances and to encourage the development and use of less hazardous and ultimately non-hazardous substances and technological processes as substitutions for toxic substances;”

Debate arose thereon.

 

At 1:03 p.m., the sitting was suspended.

At 1:05 p.m., the sitting resumed.

 

The Committee resumed consideration of Clause 2 and the amendment of John Godfrey, — That Bill C-30, in Clause 2, be amended by replacing lines 6 to 16 on page 1 with the following:

“2. (1) The preamble of the Canadian Environmental Protection Act, 1999 is amended by adding the following before the first paragraph:

Whereas the Government of Canada is committed to having a national carbon budget;

Whereas the Government of Canada recognizes that air pollution and greenhouse gases constitute a risk to the environment and its biological diversity and to human health of national and international concern which cannot be contained within geographic boundaries;

Whereas the Government of Canada recognizes that air pollution and greenhouse gases are matters within the jurisdiction of both the Government of Canada and the governments of the provinces;

Whereas the Government of Canada recognizes that climate change constitutes one of the most serious threats to humanity and to Canada, and poses major risks not only to the environment and the economy, but above all to the health and safety of all people;

Whereas the Government of Canada has an undeniable responsibility to respond to climate change, given that its per capita wealth is among the highest in the world and that some of the most severe impacts of climate change are already being felt in Canada, especially in the Arctic;

Whereas the Government of Canada signed the United Nations Framework Convention on Climate Change which entered into force in 1994, and Parliament ratified in 2002 by a majority vote in the House of Commons and the Senate the Kyoto Protocol which entered into force in 2005 and under which Canada must honour its obligation to reduce its average annual greenhouse gas emissions during the period from 2008 to 2012 to six percent below their level in 1990;”

(2) The preamble of the Act is amended by replacing the eighth paragraph with the following:

“Whereas the federal regulatory system for toxic substances should be designed to minimize health and environmental risks posed by toxic substances and to encourage the development and use of less hazardous and ultimately non-hazardous substances and technological processes as substitutions for toxic substances;”

 

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

 

Clause 2, as amended, carried on the following recorded division: YEAS: Bernard Bigras, Ken Boshcoff, Paul Dewar, John Godfrey, Mark Holland, Marcel Lussier, David J. McGuinty — 7; NAYS: Jacques Gourde, Brian Jean, Fabian Manning, Mark Warawa, Jeff Watson — 5.

 

The Committee reverted to Clause 3 previously stood.

 
Paul Dewar moved, — That Bill C-30, in Clause 3, be amended by deleting lines 17 to 19 on page 1.

 

The question was put on the amendment of Paul Dewar and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 
David J. McGuinty moved, — That Bill C-30, in Clause 3, be amended by replacing lines 22 and 23 on page 2 with the following:

“(i) any other prescribed substance.”

 

The question was put on the amendment of David J. McGuinty and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

 
John Godfrey moved, — That Bill C-30, in Clause 3, be amended by adding after line 23 on page 2 the following:

““carbon credit” means a credit issued pursuant to regulations made under paragraph 94.1(1)(b).”

 

The question was put on the amendment of John Godfrey and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 
John Godfrey moved, — That Bill C-30, in Clause 3, be amended by adding after line 23 on page 2 the following:

““carbon permit” means a permit issued pursuant to regulations made under paragraph 94.1(1)(a).”

 

The question was put on the amendment of John Godfrey and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

 
David J. McGuinty moved, — That Bill C-30, in Clause 3, be amended by adding after line 23 on page 2 the following:

““carbon price” means the following amount per tonne of carbon dioxide equivalent:

(a) for 2008, $20;

(b) for 2009 and 2010, $25;

(c) for 2011 and 2012, $30; and

(d) for 2013 and after,

(i) an amount equal to or greater than $30 prescribed by the Minister, or

(ii) if no amount is prescribed, the market value for the right to release one tonne of carbon dioxide equivalent.”

 

The question was put on the amendment of David J. McGuinty and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

 
John Godfrey moved, — That Bill C-30, in Clause 3, be amended by adding after line 23 on page 2 the following:

““domestic offset system” means the system prescribed by regulations made under paragraph 94.1(1)(b).”

 

The question was put on the amendment of John Godfrey and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 
Paul Dewar moved, — That Bill C-30, in Clause 3, be amended by replacing line 25 on page 2 with the following:

“stances, as they appear on the List of Toxic Substances in Schedule 1:”

 

The question was put on the amendment of Paul Dewar and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 
David J. McGuinty moved, — That Bill C-30, in Clause 3, be amended by replacing lines 1 and 2 on page 3 with the following:

“(g) any other prescribed substance.”

 

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.

 
Bernard Bigras moved, — That Bill C-30, in Clause 3, be amended

(a) by adding after line 2 on page 3 the following:

““greenhouse gas emissions” means the total of annual emissions, excluding emissions from land use, land-use change and forestry, quantified in the national inventory.”

(b) by adding after line 2 on page 3 the following:

“national inventory” means Canada's national inventory report, communicated in accordance with Article 12, paragraph (1)(a), of the United Nations Framework Convention on Climate Change.

“1990 level” means the level of emissions, excluding emissions and removals from land use, land-use change and forestry, quantified for the year 1990 in the most recent national inventory that quantifies emissions for the year 1990.”

 

The question was put on the amendment of Bernard Bigras and it was negatived, by a show of hands: YEAS: 2; NAYS: 10.

 
John Godfrey moved, — That Bill C-30, in Clause 3, be amended by adding after line 2 on page 3 the following:

““greenhouse gas emissions trading system” means the system prescribed by regulations made under paragraph 94.1(1)(a).”

 

The question was put on the amendment of John Godfrey and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 
John Godfrey moved, — That Bill C-30, in Clause 3, be amended by adding after line 2 on page 3 the following:

““individual carbon budget” means an individual carbon budget determined by the Minister under subsection 103.02(3).”

 

The question was put on the amendment of John Godfrey and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 
John Godfrey moved, — That Bill C-30, in Clause 3, be amended by adding after line 2 on page 3 the following:

““individual carbon deficit” means the deficit calculated using the formula prescribed by regulations made under subsection 103.02(5).”

 

The question was put on the amendment of John Godfrey and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 
David J. McGuinty moved, — That Bill C-30, in Clause 3, be amended by adding after line 2 on page 3 the following:

““large industrial emitter” means a person designated by the Minister under subsection 103.05(1).”

 

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.

 
John Godfrey moved, — That Bill C-30, in Clause 3, be amended by adding after line 2 on page 3 the following:

““national carbon budget” means the national carbon budget determined by the Minister under subsection 103.02(1).”

 

The question was put on the amendment of John Godfrey and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 
John Godfrey moved, — That Bill C-30, in Clause 3, be amended by adding after line 2 on page 3 the following:

““sectoral carbon budget” means a sectoral carbon budget determined by the Minister under subsection 103.02(2).”

 

The question was put on the amendment of John Godfrey and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

 
John Godfrey moved, — That Bill C-30, in Clause 3, be amended by deleting lines 3 to 9 on page 3.

 

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

 

Clause 3, as amended, carried by a show of hands: YEAS: 7; NAYS: 5.

 

The Schedule was negatived by a show of hands: YEAS: 0; NAYS: 7.

 

On Clause 1,

David J. McGuinty moved, — That Bill C-30, in Clause 1, be amended by replacing lines 4 and 5 on page 1 with the following:

1. This Act may be cited as Canada's Clean Air and Climate Change Act.”

Debate arose thereon.

 

At 2:05 p.m., the sitting was suspended.

At 2:17 p.m., the sitting resumed.

 

The Committee resumed consideration of Clause 1 and the amendment of David McGuinty, —That Bill C-30, in Clause 1, be amended by replacing lines 4 and 5 on page 1 with the following:

“1. This Act may be cited as Canada's Clean Air and Climate Change Act.”

 

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: 4.

 

Clause 1, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

 

The Title carried by a show of hands: YEAS: 11; NAYS: 0.

 

The Bill, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-30, as amended, be reprinted for the use of the House at report stage.

 

At 2:36 p.m., the Committee adjourned to the call of the Chair.

 



Chad Mariage
Clerk of the Committee

 
 
2007/04/16 1:36 p.m.