HERI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 32
Tuesday, May 30, 2000
The Standing Committee on Canadian Heritage met at 9:00 a.m. this day, in Room 701, La Promenade Building, the Chair, Clifford Lincoln, presiding.
Member of the Committee present: Mauril Bélanger, Cliff Breitkreuz; Sarmite Bulte, Pierre de Savoye, Rick Limoges, Clifford Lincoln, Inky Mark, Dennis Mills, Mark Muise, Caroline St-Hilaire; Alex Shepherd, Bryon Wilfert.
Acting Members present: Rick Laliberté for Wendy Lill, Murray Calder for Paul Bonwick, Marlyn Jennings for Bryon Wilfert.
In attendance: From the Library of Parliament: Joseph Jackson and John Craig, Researchers.
Witnesses: From Parks Canada Agency: Tom Lee, Chief Executive Officer; Bruce Amos, Director General National Parks, Laurent Tremblay, Executive Director Quebec Region, Susan Katz, Director, Legislation and Policy, Lucie Bourbonnière, Legal Counsel
Pursuant to its Order of Reference of Thursday, May 11, 2000, the Committee resumed consideration of Bill C-27, An Act respecting the national parks of Canada (See Minutes of Proceedings, Thursday, May 11, 2000 , Meeting No. 25).
The Committee proceeded to Clause-by-Clause consideration of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.
On Clause 2,
Rick Laliberté moved,--That Bill C-27, in Clause 2, be amended
(a) by replacing line 6 on page 1 with the following:
"2. (1) The definitions in this section apply in"
(b) by adding after line 28 on page 2 the following:
"(2) For the purposes of this Act, the expression "ecological integrity" refers to the integrity of an ecosystem is deemed characteristic for its natural region, including the composition and abundance of native species and biological communities, rates of change and supporting processes."
After debate, Clause 2 stood.
Clause 3 carried.
On Clause 4,
Pierre de Savoye moved, -- That Bill C-27, in Clause 4, be amended by replacing lines 31 to 37 on page 2 with the following:
(a) are hereby created for the purpose of maintaining the ecological integrity of the parks through conservation measures that protect the natural environment, natural resources and diversity of the flora and fauna of the parks; and
(b) in accordance with this Act and the regulations, shall be made use of and maintained for the benefit, education and enjoyment of the population of Canada in a manner that leaves the parks unimpaired for the enjoyment of future generations."
After debate, the question being put on the amendment, it was negatived.
Mauril Bélanger moved, -- That Bill C-27, in Clause 4, be amended by replacing lines 1 and 2 on page 3 with the following:
"of Canada as a comprehensive land claim."
After debate, the question being put on the amendment, it was agreed to.
Clause 4, as amended, carried.
Clause 5 carried.
Clause 6 carried.
On Clause 7,
Mauril Bélanger moved, -- That Bill C-27, in Clause 7, be amended by replacing line 9 on page 4 with the following:
"House of Parliament, together with a report on the proposed park or park reserve that includes information on consultations undertaken and any agreements reached with respect to its establishment, and an amendment so"
After debate, the question being put on the amendment, it was agreed to.
Pierre de Savoye moved, -- That Bill C-27, in Clause 7, be amended by adding after line 14 on page 4 the following:
After debate, the question being put on the amendment, it was negatived.
Pierre de Savoye moved, -- That Bill C-27, in Clause 7, be amended by replacing line 16 on page 4 with the following:
"within 30 sitting days after the amendment is"
After debate, the question being put on the amendment, it was agreed to.
Rick Laliberte moved, -- That Bill C-27, in Clause 7, be amended by deleting lines 21 to 23 on page 4.
After debate, the question being put on the amendment, it was agreed to.
Pierre de Savoye moved, -- That Bill C-27, in Clause 7, be amended by replacing line 25 on page 4 with the following:
"2 may be made if 31 sitting days have elapsed"
After debate, the question being put on the amendment, it was agreed to.
Clause 7, as amended, carried.
On Clause 8,
Mauril Bélanger moved, -- That Bill C-27, in Clause 8, be amended by replacing lines 35 to 39 on page 4 with the following:
"lands in parks and, for that purpose, the Minister may use and occupy those lands.
(2) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Minister when considering all aspects of the management of parks."
After debate, the question being put on the amendment, it was agreed to.
Clause 8, as amended, carried.
Clause 9 stood
On Clause 10,
Mauril Bélanger moved, -- That Bill C-27, in Clause 10, be amended by
(a) replacing line 9 on page 5 with the following:
"ments, bodies established under land claims agreements and other persons and organizations"
(b) replacing line 16 on page 5 with the following:
"(b) with a local or aboriginal government having"
After debate, the question being put on the amendment, it was agreed to.
Clause 10, as amended, carried.
New Clause 10.1,
Pierre de Savoye moved, -- That Bill C-27 be amended by adding after line 29 on page 5 the following new clause:
(a) the protection and preservation of the traditional activities of the populations having historic rights of access to the territory of a park;
(b) if the requirements of paragraph 5(1)(a) in respect of title and right of ownership are not met and a park includes lands that require an agreement between the Minister and the aboriginal government, the need to ensure that the traditional activities of the aboriginal people having historic rights of access to the territory of the park are recognized and affirmed in the agreement;
(c) all matters relating to the lands in or adjacent to a park that may be in or come into conflict with this Act and the regulations affecting those lands; and
(d) the establishment of a local government that represents the populations of each park.
(a) all parties are given the opportunity to make representations in respect of the issues involved; and
(b) the decision made by the Minister takes into consideration the results of the consultation between the parties."
After debate, the question being put on the amendment, it was negatived.
By unanimous consent, the committee reverted to Clause 9.
Mauril Bélanger moved, -- That Bill C-27, in Clause 9, be amended by replacing lines 1 and 2 on page 5 with the following:
"9. Powers in relation to land use planning and development in park communi-"
After debate, the question being put on the amendment, it was agreed to.
Pierre de Savoye moved, -- That Bill C-27, in Clause 9, be amended by replacing line 5 on page 5 with the following:
"agreement referred to in section 35 or except for a local government body referred to in section 10.1 that has entered into an agreement with the Minister."
By unanimous consent, the amendment was withdrawn.
Clause 9, as amended, carried.
On Clause 11,
Mauril Bélanger moved, -- That Bill C-27, in Clause 11, be amended by replacing lines 32 to 35 on page 5 with the following:
"ment plan for the park containing a long-term ecological vision for the park, a set of ecological integrity objectives and indicators and provisions for resource protection and restoration, zoning, visitor use, public awareness and performance evaluation, which shall be tabled in each House of Parliament."
After debate, the question being put on the amendment, it was agreed to.
Clause 11, as amended, carried.
On Clause 12,
Mauril Bélanger moved, -- That Bill C-27, in Clause 12, be amended by replacing lines 1 to 7 on page 6 with the following:
"12. (1) The Minister shall, where applicable, provide opportunities for public participation at the national, regional and local levels, including participation by aboriginal organizations, bodies established under land claims agreements and representatives of park communities, in the development of parks policy and regulations, the establishment of parks, the formulation of management plans, land use planning and development in relation to park communities and any other matters that the Minister considers relevant."
After debate, the question being put on the amendment, it was agreed to.
Rick Laliberté moved, -- That Bill C-27, in Clause 12, be amended by replacing line 12 on page 6 with the following:
"
ment of new parks, and a report so tabled stands referred to the standing committee of each House that normally considers matters relating to parks or to any other committee that that House may designate and the findings of each committee shall be reported by them to their respective House."After debate, by unanimous consent the amendment was withdrawn.
Clause 12, as amended, carried.
Clause 13 carried.
On Clause 14,
Mauril Bélanger moved, -- That Bill C-27, in Clause 14, be amended by adding after line 42 on page 6 the following:
"(4) Where a new or amended management plan sets out an area of a park for declaration as a wilderness area, the Minister shall recommend such declaration to the Governor in Council within one year after the plan or amendment is tabled under section 11."
After debate, the question being put on the amendment, it was agreed to.
Clause 14, as amended, carried.
On Clause 15,
Mauril Bélanger moved, -- That Bill C-27, in Clause 15, be amended by replacing lines 31 to 41 on page 7 and line 1 on page 8 with the following:
"(2) Public lands in a park in which a right or interest is held for any purpose under this section remain part of the park and, if those lands cease to be used for that purpose, the right or interest reverts to the Crown.
(3) The Minister may terminate, or accept the surrender or resiliation of, a lease of public lands in a park and may terminate, or accept the relinquishment of, a licence of occupation of such lands or an easement or servitude over such lands.
(4) The Expropriation Act applies in respect of the taking or acquisition of an interest in public lands in a park for the purposes of this Act where the holder of the interest does not consent and there is no cause for termination under subsection (3).
(5) For the purposes of subsection (4), the Minister is deemed to be a minister referred to in paragraph (b) of the definition "Minister" in section 2 of that Act and the Parks Canada Agency is deemed to be a department named in Schedule I to the Financial Administration Act.
(6) Notwithstanding the Expropriation Act,"
After debate, the question being put on the amendment, it was agreed to.
Clause 15, as amended, carried.
On Clause 16,
Pierre de Savoye moved, -- That Bill C-27, in Clause 16, be amended by adding after line 24 on page 11 the following:
"(4) For greater certainty, every person, federal or provincial agency, local and aboriginal government and non-governmental organization who disagrees with any provision relating to the substance or manner of application of a regulation made under section 16 may apply to the Federal Court -- Trial Division for a determination as to whether such substance or manner of application is lawful."
Mark Muise moved, -- That Bill C-27, in Clause 16, be amended by replacing lines 24 to 27 on page 8 with the following:
"fire on park lands or threatening park lands;"
By unanimous consent, Clause 16 stood.
On Clause 17,
Pierre de Savoye moved, -- That Bill C-27, in Clause 17, be amended by replacing, in the English version, line 34 on page 11 with the following:
"Province of Ontario;"
After debate, the question being put on the amendment, it was agreed to.
Pierre de Savoye moved, -- That Bill C-27, in Clause 17, be amended by adding after line 34 on page 11 the following:
"(e) Mingan Archipelago National Park Reserve of Canada; and"
After debate, the question being put on the amendment, it was agreed to.
Pierre de Savoye moved, -- That Bill C-27, in Clause 17, be amended by replacing line 1 on page 12 with the following:
"(f) any national park of Canada established"
After debate, the question being put on the amendment, it was agreed to.
Rick Laliberte moved, -- That Bill C-27, in Clause 17, be amended by replacing line 5 on page 12 with the following:
"government of a province or an aboriginal government respecting the"
By unanimous consent, the amendment was withdrawn.
Mauril Bélanger moved, -- That Bill C-27, in Clause 17, be amended by replacing lines 11 to 16 on page 12 with the following:
"tivities or stone removal activities for carving purposes within any area of a park, or where aboriginal people have existing aboriginal or treaty rights to traditional renewable resource harvesting activities within any area of a park, the Governor in Council may make regulations respecting the carrying on of those activities in that area."
After debate, the question being put on the amendment, it was agreed to.
Mauril Bélanger moved, -- That Bill C-27, in Clause 17, be amended by replacing line 21 on page 12 with the following:
"(b) designate categories of persons authorized"
After debate, the question being put on the amendment, it was agreed to.
Clause 17, as amended, carried.
Clause 18 to Clause 23 carried severally.
On Clause 24,
Mauril Bélanger moved, -- That Bill C-27, in Clause 24, be amended by
(a) replacing lines 1 to 5 on page 16 with the following:
"24. (1) Every person who contravenes section 13 is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $2,000; or
(b) on conviction on indictment, to a fine not exceeding $5,000.
(2) Every person who contravenes subsection 32(1) is guilty of an offence and liable
(a) on summary conviction,
(i) in the case of a corporation, to a fine not exceeding $10,000, and
(ii) in the case of an individual, to a fine not exceeding $2,000; or
(b) on conviction on indictment,
(i) in the case of a corporation, to a fine not exceeding $50,000, and
(ii) in the case of an individual, to a fine not exceeding $5,000.
(3) Every person who contravenes a provi-
(b) replacing lines 9 and 10 on page 16 with the following:
an offence and liable
(a) on summary conviction, to a fine not exceeding $2,000, or
(b) on conviction on indictment, to a fine not exceeding $5,000,
or any lesser"
After debate, the question being put on the amendment, it was agreed to.
Clause 24, as amended, carried.
At 11:05 a.m., the sitting was suspended.
At 11:20 a.m., the sitting resumed.
At 1:00 p.m., the Committee adjourned to the call of the Chair.
Normand Radford
Clerk of the Committee