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MINUTES OF PROCEEDINGS
 
Meeting No. 47
 
Thursday, February 10, 2011
 

The Standing Committee on Environment and Sustainable Development met at 8:50 a.m. this day, in Room 268, La Promenade Building, the Chair, James Bezan, presiding.

 

Members of the Committee present: James Bezan, Bernard Bigras, Blaine Calkins, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia, Robert Sopuck, Mark Warawa and Stephen Woodworth.

 

Acting Members present: Ed Fast for Scott Armstrong and Alan Tonks for Gerard Kennedy.

 

In attendance: Library of Parliament: Kristen E. Courtney, Analyst; Tim Williams, Analyst. House of Commons: Wayne Cole, Legislative Clerk.

 
Pursuant to the Order of Reference of Wednesday, June 16, 2010, the Committee resumed consideration of Bill C-469, An Act to establish a Canadian Environmental Bill of Rights.
 

The Committee resumed clause-by-clause consideration on Clause 28 of the Bill.

 

After debate, Clause 28 carried on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia, Alan Tonks — 6; NAYS: Blaine Calkins, Ed Fast, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

 

By unanimous consent, the Committee reverted to Clause 2 previously stood.

 

By unanimous consent, Clause 2 was further stood.

 

By unanimous consent, the Committee reverted to Clause 6 previously stood.

 
The Committee resumed consideration of the amendment of Francis Scarpaleggia, — That Bill C-469, in Clause 6, be amended by adding after line 18 on page 7 the following:

“(2) This Act is intended to complement Canada’s rights and obligations under international law. In the event of any inconsistency between the provisions of this Act and the provisions of any international convention in force in Canada, the provision of the convention will prevail to the extent of the inconsistency.”

 

The Committee resumed consideration of the subamendment of Linda Duncan, — That the amendment be amended by

(a) replacing the word “complement” with the words “ensure consistency with”

(b) replacing the words “in the event of any inconsistency” with the words “in the event of any conflict”

(c) replacing the word “convention” with the word “law”

(d) replacing the words “the extent of the inconsistency” with the words “the extent of any conflict”

 

After debate, the question was put on the subamendment of Linda Duncan and it was agreed to on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia, Alan Tonks — 6; NAYS: — 0.

 

By unanimous consent, Linda Duncan moved, — That the amendment, as amended, be further amended by replacing the words “provisions of any international law in force in Canada, the provision of the law ” with the words “Marine Liability Act, the provisions of the Marine Liability Act”

 

After debate, the question was put on the subamendment of Linda Duncan and it was negatived on the following recorded division: YEAS: Linda Duncan, Joyce Murray, Francis Scarpaleggia, Alan Tonks — 4; NAYS: Blaine Calkins, Ed Fast, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

 

After debate, the question was put on the amendment of Francis Scarpaleggia, as amended, and it was negatived on the following recorded division: YEAS: Joyce Murray, Francis Scarpaleggia, Alan Tonks — 3; NAYS: Blaine Calkins, Ed Fast, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

 

After debate, Clause 6 carried on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia, Alan Tonks — 6; NAYS: Blaine Calkins, Ed Fast, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

 

By unanimous consent, the Committee reverted to Clause 9 previously stood.

 
The Committee resumed consideration of the amendment of Gerard Kennedy, — That Bill C-469, in Clause 9, be amended by adding after line 5 on page 8 the following:

“(4) Every person in Canada has the obligation to protect the environment.”

 

After debate, the question was put on the amendment of Gerard Kennedy and it was negatived on the following recorded division: YEAS: Alan Tonks — 1; NAYS: Bernard Bigras, Blaine Calkins, Linda Duncan, Ed Fast, Christian Ouellet, Robert Sopuck, Mark Warawa, Stephen Woodworth — 8.

 

After debate, Clause 9 carried on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia, Alan Tonks — 6; NAYS: Blaine Calkins, Ed Fast, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

 

By unanimous consent, the Committee reverted to Clause 2 previously stood.

 
Linda Duncan moved, — That Bill C-469, in Clause 2, be amended by adding after line 31 on page 2 the following:

““aboriginal land” means

(a) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act;

(b) land, including any water, that is subject to a comprehensive or specific claim agreement, or a self-government agreement, between the Government of Canada and aboriginal people where title remains with Her Majesty in right of Canada; and

(c) air and all layers of the atmosphere above and the subsurface below land mentioned in paragraph (a) or (b).”

 

After debate, the question was put on the amendment of Linda Duncan and it was agreed to on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia, Alan Tonks — 6; NAYS: — 0.

 

By unanimous consent, it was agreed, — That the result of the vote on a previous amendment be applied to the following amendment which is therefore also adopted:

That Bill C-469, in Clause 2, be amended by replacing lines 31 to 36 on page 3 with the following:

“all layers of the atmosphere above that sea.”

 
Bernard Bigras moved, — That Bill C-469, in Clause 2, be amended by replacing line 8 on page 4 with the following:

“or undertaking that is within the exclusive legislative”

 

The Chair ruled the proposed amendment inadmissible because it proposed a substantive amendment to the Bill by way of a modification to the interpretation clause, as provided on page 769 of House of Commons Procedure and Practice, Second Edition.

 

Whereupon, Bernard Bigras 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: Blaine Calkins, Ed Fast, Robert Sopuck, Alan Tonks, Mark Warawa, Stephen Woodworth — 6; NAYS: Bernard Bigras, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 4.

 

At 10:44 a.m., the Committee adjourned to the call of the Chair.

 



Guyanne L. Desforges
Clerk of the Committee

 
 
2011/02/10 4:41 p.m.