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MINUTES OF PROCEEDINGS

Meeting No. 41

Monday, December 7, 2009

The Standing Committee on Transport, Infrastructure and Communities met at 3:35 p.m. this day, in Room 308, West Block, the Chair, Merv Tweed, presiding.

Members of the Committee present: Dennis Bevington, Lois Brown, Candice Hoeppner, Brian Jean, Mario Laframboise, Colin Mayes, Merv Tweed, Hon. Joseph Volpe and Jeff Watson.

Acting Members present: Hon. Mauril Bélanger for Gerard Kennedy, Richard Nadeau for Roger Gaudet and Marcel Proulx for Sukh Dhaliwal.

In attendance: Library of Parliament: John Christopher, Analyst . House of Commons: Lucie Tardif-Carpentier, Legislative Clerk ; Mike MacPherson, Legislative Clerk.

Witnesses: Department of Canadian Heritage: Philippe de Grandpré, Senior Counsel, Legal Services. Department of Transport: Simon Dubé, Director, Portfolio Management, Crown Corporation Governance; André Morency, Assistant Deputy Minister, Corporate Management and Crown Corporation Governance, Corporate Services; Kim Thalheimer, Legal Counsel, Legal Services.

Pursuant to the Order of Reference of Monday, October 5, 2009, the Committee resumed consideration of Bill C-37, An Act to amend the National Capital Act and other Acts.

The witnesses answered questions.

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

Pursuant to Standing Order 75(1), consideration of the Preamble and Clause 1 is postponed.

The Chair calls Clause 2.

On Clause 2,

Brian Jean moved, — That Bill C-37, in Clause 2, be amended by adding after line 17 on page 2 the following:

““ecological integrity” means a condition that is determined to be characteristic of a natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes;”

After debate, the question was put on the amendment of Brian Jean and it was agreed to.

Brian Jean moved, — That Bill C-37, in Clause 2, be amended by adding after line 19 on page 2 the following:

““Greenbelt” means the area whose boundaries are described in Schedule 2.1;”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition, 2009.

Whereupon, Marcel Proulx appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned, by a show of hands: YEAS: 0; NAYS: 11.

By unanimous consent, it was agreed, — That the result of the decision on the admissibility of the previous amendment be applied to the following six (6) amendments also including the concept of “Greenbelt”:

That Bill C-37, in Clause 2, be amended by replacing lines 20 to 23 on page 2 with the following:

““National Interest Land Mass” means the collection of real property and immovables, or portions of them,

(a) located in Gatineau Park or the Greenbelt, or

(b) designated by the Commission under section 10.2;”

That Bill C-37, in Clause 10, be amended by replacing line 16 on page 5 with the following:

“years. The plan must contain principles and objectives,including in respect of Gatineau Park and the Greenbelt.”

That Bill C-37, in Clause 10, be amended by replacing line 15 on page 6 with the following:

“that is an immovable located in Gatineau Park or real property located in the Greenbelt.”

That Bill C-37, in Clause 19, be amended by replacing lines 14 and 15 on page 10 with the following:

“22.1 (1) Subject to subsections (2) to (4), the Governor in Council may, by order, add a description to, or amend a description in, any of Schedules 1 to 2.1.

(2) Before an order is made in respect of Schedule 2 or 2.1, the order that is proposed to be made shall be laid before each House of Parliament.

(3) An order may not be made in respect of Schedule 2 or 2.1 before the earlier of

(a) 30 sitting days after the proposed order is laid before each House of Parliament, and

(b) 160 calendar days after the proposed order is laid before each House of Parliament.

(4) A proposed order that has been laid before each House of Parliament need not be laid before each House again before the order is made, regardless of whether it has been altered.

(5) The Commission shall provide the Governor in Council with a description of the boundaries of the Greenbelt within five years after the day on which this subsection comes into force.”

That Bill C-37 be amended by adding after line 25 on page 10 the following:

“20.1 The Act is amended by adding the following after section 25:

26. The annual report that the Commission is required to submit under section 150 of the Financial Administration Act must include information respecting the Commission’s activities with regard to Gatineau Park and the Greenbelt, including the acquisition by the Commission of real property located in the Greenbelt or an immovable located in Gatineau Park. ”

That Bill C-37, in the schedule, be amended by adding, after the Schedule 2 set out in the schedule, on page 34, the following:

“SCHEDULE 2.1

(Sections 2 and 22.1)

DESCRIPTION OF THE BOUNDARIES OF THE GREENBELT”

After debate, the question was put on the amendment of Brian Jean and it was agreed to.

Richard Nadeau moved, — That Bill C-37, in Clause 2, be amended by deleting lines 20 to 23 on page 2.

After debate, the question was put on the amendment of Richard Nadeau and it was negatived on the following recorded division: YEAS: Mario Laframboise, Richard Nadeau, Marcel Proulx — 3; NAYS: Mauril Bélanger, Dennis Bevington, Lois Brown, Candice Hoeppner, Brian Jean, Colin Mayes, Joseph Volpe, Jeff Watson — 8.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following two (2) amendments which are therefore also negatived:

That Bill C-37, in Clause 10, be amended by deleting line 21 on page 5 to line 5 on page 6.

That Bill C-37, in Clause 11, be amended by deleting lines 22 and 23 on page 6.

Brian Jean moved, — That Bill C-37, in Clause 2, be amended by replacing lines 20 to 23 on page 2 with the following:

““National Interest Land Mass” means the collection of real property and immovables, or portions of them,

(a) located in Gatineau Park or the Greenbelt, or

(b) designated by the Commission under section 10.2;”

After debate, the question was put on the amendment of Brian Jean and it was agreed to on division.

Clause 2, as amended, carried by a show of hands: YEAS: 9; NAYS: 2.

On Clause 3,

Marcel Proulx moved, — That Bill C-37, in Clause 3, be amended by replacing line 28 on page 2 with the following:

“15 members including a Chairperson.”

After debate, the question was put on the amendment of Marcel Proulx and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Richard Nadeau moved, — That Bill C-37, in Clause 3, be amended by replacing lines 9 to 13 on page 3 with the following:

“(2) Subsection 3(4) of the Act is replaced by the following:

(4) The members, other than the Chairperson, shall be appointed as follows:

(a) three, ordinarily resident in the National Capital Region, from local municipalities in Ontario, at least two of whom must be from the city of Ottawa;

(b) three, ordinarily resident in the National Capital Region, from local municipalities in Quebec, at least one of whom shall be from the section of the city of Gatineau that is west of the Gatineau River; and

After debate, the question was put on the amendment of Richard Nadeau and it was agreed to on the following recorded division: YEAS: Mauril Bélanger, Dennis Bevington, Mario Laframboise, Richard Nadeau, Marcel Proulx, Joseph Volpe — 6; NAYS: Lois Brown, Candice Hoeppner, Brian Jean, Colin Mayes, Jeff Watson — 5.

Clause 3, as amended, carried by a show of hands: YEAS: 6; NAYS: 5.

By unanimous consent, Clauses 4 to 7 inclusive carried severally.

On Clause 8,

Marcel Proulx moved, — That Bill C-37, in Clause 8, be amended by adding after line 15 on page 4 the following:

“8.1 There shall be an Executive Committee of the Commission consisting of the Chairperson, the Chief Executive Officer and three other members to be appointed by the Commission, at least one of whom shall be from the Province of Quebec.”

After debate, the question was put on the amendment of Marcel Proulx and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Brian Jean moved, — That Bill C-37, in Clause 8, be amended by replacing, in the French version, line 18 on page 4 with the following:

“pouvoirs et fonctions que leur délègue la”

After debate, the question was put on the amendment of Brian Jean and it was agreed to.

Clause 8, as amended, carried.

On Clause 9,

Richard Nadeau moved, — That Bill C-37, in Clause 9, be amended by deleting lines 27 to 35 on page 4.

The question was put on the amendment of Richard Nadeau and it was negatived on the following recorded division: YEAS: Mario Laframboise, Richard Nadeau — 2; NAYS: Mauril Bélanger, Dennis Bevington, Lois Brown, Candice Hoeppner, Brian Jean, Colin Mayes, Marcel Proulx, Joseph Volpe, Jeff Watson — 9.

Dennis Bevington moved, — That Bill C-37, in Clause 9, be amended by adding after line 35 on page 4 the following:

“(a.1) acquire immovables situated in Gatineau Park whenever the property becomes available on the market; and”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Marcel Proulx moved, — That Bill C-37, in Clause 9, be amended by adding after line 35 on page 4 the following:

“(a.1) maintain any existing bridge for the movement of persons and vehicles over the Ottawa River, in the National Capital Region, and construct or renovate any bridge for that purpose;”

After debate, the question was put on the amendment of Marcel Proulx and it was negatived, by a show of hands: YEAS: 3; NAYS: 7.

Clause 9 carried.

On Clause 10,

Dennis Bevington moved, — That Bill C-37, in Clause 10 , be amended by adding after line 10 and before the heading "MASTER PLAN" on page 5 the following:

“GATINEAU PARK

10.01 (1) Gatineau Park, the boundaries of which are set out in Schedule 2, is hereby established.

(2) Gatineau Park is hereby dedicated to the people of Canada and Quebec for their benefit, education and enjoyment and shall be maintained and made use of so as to leave it unimpaired for the enjoyment of future generations.

(3) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Commission when considering all aspects of the management of Gatineau Park.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 2; NAYS: 7.

Dennis Bevington moved, — That Bill C-37, in Clause 10, be amended by adding after line 10 and before the heading "MASTER PLAN" on page 5 the following:

“PUBLIC PARTICIPATION

10.02 (1) The Minister shall provide opportunities for public participation at the national, regional and local levels in the development of policies and management plans for Gatineau Park and in any other matters that the Commission considers relevant.

(2) In carrying out his or her functions under subsection (1), the Minister shall consult with the Government of Quebec."

After debate, the question was put on the amendment of Dennis Bevington and it was negatived on division.

Richard Nadeau moved, — That Bill C-37, in Clause 10, be amended by adding after line 10 and before the heading "MASTER PLAN" on page 5 the following:

“GATINEAU PARK

10.01 (1) Gatineau Park, the boundaries of which are set out in Schedule 2, is hereby established.

After debate, the question was put on the amendment of Richard Nadeau and it was negatived, by a show of hands: YEAS: 2; NAYS: 8.

Richard Nadeau moved, — That Bill C-37, in Clause 10, be amended by replacing line 13 on page 5 with the following:

“force, the Commission, after consultation with the public and governments of the provinces concerned, shall submit to the”

Debate arose thereon.

Mauril Bélanger moved, — That the amendment be amended by replacing the words “submit to the” with the words “lay before each House of Parliament, for approval, a master plan”.

At 5:30 p.m., the Committee adjourned to the call of the Chair.

Bonnie Charron
Clerk of the Committee

2010/01/06 1:05 p.m.