HERI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 33
Tuesday, May 30, 2000
The Standing Committee on Canadian Heritage met at 3:35 p.m. this day, in Room 701, La Promenade Building, the Chair, Clifford Lincoln, presiding.
Members of the Committee present: Mauril Bélanger, Sarmite Bulte, Pierre de Savoye, Rick Limoges, Clifford Lincoln, Inky Mark, Alex Shepherd.
Acting Members present: Rick Laliberte for Wendy Lill, Raymond Lavigne for Dennis Mills.
In attendance: From the Library of Parliament: Joseph Jackson, Researcher.
Witnesses: From the Parks Canada Agency: Tom Lee, Chief Executive Officer, Parks Canada Agency; Bruce Amos, Director General, National Parks; Susan Katz, Director, Legislation and Policy Branch; 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.
By unanimous consent the Committee reverted to Clause 2.
On Clause 2,
The Committee reverted to the amendment by
Rick Laliberte, -- That Bill C-27, in Clause 2, be amended
(a) by replacing line 6 on page 1 with the following:
(b) by adding after line 28 on page 2 the following:
By unanimous consent the amendment was withdrawn.
Mauril Bélanger moved, -- That Bill C-27, in Clause 2, be amended by adding after line 7 on page 1 the following:
"community plan" means a land use plan for a park community."
After debate, the question being put on the amendment, it was agreed to.
Mauril Bélanger moved, -- That Bill C-27, in Clause 2, be amended by adding after line 7 on page 1 the following:
"ecological integrity" means, with respect to a park, a condition that is determined to be characteristic of its 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 being put on the amendment, it was agreed to.
Mauril Bélanger moved, -- That Bill C-27, in Clause 2, be amended by replacing line 26 on page 1 with the following:
"(d) the visitor centre of Waterton Lakes Park in"
After debate, the question being put on the amendment, it was agreed to.
Mauril Bélanger moved, -- That Bill C-27, in Clause 2, be amended by
(a) replacing line 6 on page 1 with the following:
"2. (1) The definitions in this subsection apply in"
(b) adding after line 28 on page 2 the following:
"(2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982."
After debate, the question being put on the amendment, it was agreed to.
Clause 2, as amended, carried.
By unanimous consent the Committee reverted to Claude 16.
On Clause 16,
Mauril Bélanger moved, -- That Bill C-27, in Clause 16, be amended by
(a) replacing line 35 on page 8 with the following:
"(i) in park communities, for the"
(b) replacing line 39 on page 8 with the following:
"(ii) in existing resort subdivisions, for the purpose"
(c) replacing lines 41 and 42 on page 8 and lines 1 to 3 on page 9 with the following:
"(iii) outside park communities and existing resort subdivisions, for the purposes of schools, churches, hospitals, service stations, tourism and places for the accommodation, recreation or education of"
(d) replacing lines 34 to 37 on page 9 with the following:
"in such plans of the boundaries of park communities, existing resort subdivisions and cemeteries, their designation as towns, visitor centres, resort subdi-"
(e) replacing lines 1 and 2 on page 10 with the following:
"activities or undertakings, including activities related to commercial ski facilities referred to in section 36, and the places where such activities and undertakings may be carried on;"
(f) replacing lines 41 and 42 on page 10 with the following:
"the regulations, for the purposes of paragraphs 24(3)(a) and (b); and"
(g) adding after line 24 on page 11 the following:
"(4) No lease, licence of occupation, easement or servitude may be issued or amended pursuant to regulations made under subparagraph (1)(g)(iii) for the purpose of the establishment of a new park community, resort subdivision, school, church or hospital."
After debate, the question being put on the amendment, it was agreed to.
Mauril Bélanger moved, -- That Bill C-27, in Clause 16, be amended by replacing lines 10 and 11 on page 11 with the following:
"the circumstances and subject to the limits that may be specified in the regulations,"
After debate, the question being put on the amendment, it was agreed to.
The Committee reverted to the proposed amendment by Pierre de Savoye.
Pierre de Savoye moved, -- That Bill C-27, in Clause 16, be amended by adding after line 24 on page 11 the following:
By unanimous consent the amendment was withdrawn.
Clause 16, as amended, carried.
On Clause 25,
Mauril Bélanger moved, -- That Bill C-27, in Clause 25, be amended by replacing line 15 on page 16 with the following:
"25. (1) Except as permitted by the regulations, no person shall traffic in any wild"
After debate, the question being put on the amendment, it was agreed to.
Mauril Bélanger moved, -- That Bill C-27, in Clause 25, be amended by replacing lines 21 to 24 on page 16 with the following:
"(2) Every person who contravenes subsection (1) is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months or to both; or
(b) on conviction on indictment, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year or to both."
After debate, the question being put on the amendment, it was agreed to.
Clause 25, as amended, carried.
On Clause 26,
Mauril Bélanger moved, -- That Bill C-27, in Clause 26, be amended by
(a) replacing line 2 on page 17 with the following:
not exceeding $250,000 or to imprisonment
(b) replacing line 17 on page 17 with the following:
not exceeding $100,000 or to imprisonment
After debate, the question being put on the amendment, it was agreed to.
Clause 26, as amended, carried.
On Clause 27,
Mauril Bélanger moved, -- That Bill C-27, in Clause 27, be amended by adding after line 11 on page 18 the following:
"(3) Where a person is convicted of an offence under this Act a second or subsequent time, the amount of the fine for the subsequent offence may, notwithstanding subsection 24(1), (2) or (3), 25(2) or 26(2) or (4), be double the amount set out in that subsection."
After debate, the question being put on the amendment, it was agreed to.
Clause 27, as amended, carried.
Clause 28 carried.
Clause 29 carried.
Clause 30 carried.
Clause 31 carried.
On Clause 32,
Rick Laliberte moved, -- That Bill C-27, in Clause 32, be amended by replacing, in the English version, line 4 on page 20 with the following:
"ing human health is discharged or deposited in or into"
After debate, the question being put on the amendment, it was negatived.
Clause 32 carried.
Clause 33 carried.
On new Clause ( 33.1 )
Rick Laliberte moved, -- That Bill C-27 be amended by adding after line 37 on page 21 the following new clause:
After debate, the question being put on the amendment, it was negatived.
On Clause 34,
Pierre de Savoye moved, -- That Bill C-27, in Clause 34, be amended by replacing line 2 on page 22 with the following:
"within 30 sitting days after the proposed"
After debate, the question being put on the amendment, it was agreed to.
Pierre de Savoye moved, -- That Bill C-27, in Clause 34, be amended by replacing line 12 on page 22 with the following:
"be made if 31 sitting days have elapsed after"
After debate, the question being put on the amendment, it was agreed to.
Clause 34, as amended, carried.
Clause 35 carried.
Clause 36 carried.
Clause 37 carried.
On Clause 38,
Mauril Bélanger moved, -- That Bill C-27, in Clause 38, be amended by replacing lines 9 and 10 on page 24 with the following:
"(c) amend or replace the description of Riding Mountain National Park of Canada in Schedule 1 for the purpose of withdrawing from that Park the east half of Section 8 in Township 20, Range 19, for purposes of settling a claim of the Keeseekoowenin Band; or
(d) amend or replace the description of"
After debate, the question being put on the amendment, it was agreed to.
Clause 38, as amended, carried.
Clause 39 carried.
On Clause 40,
Pierre de Savoye moved, -- That Bill C-27, in Clause 40, be amended by replacing line 37 on page 24 with the following:
"tivities by aboriginal persons and other persons of the local population."
After debate, the question being put on the amendment, it was negatived.
Clause 40 carried.
Clause 41 carried.
On Clause 42,
Pierre de Savoye moved, -- That Bill C-27, in Clause 42, be amended by replacing line 28 on page 25 with the following:
After debate, the question being put on the amendment, it was negatived.
Pierre de Savoye moved, -- That Bill C-27, in Clause 42, be amended by adding after line 37 on page 25 the following:
(a) Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands referred to in subsection (1); and
(b) the government of the province in which those lands are situated has agreed to their use for that purpose."
After debate, the question being put on the amendment, it was negatived.
Clause 42 carried.
Clause 43 to Clause 69 carried severally.
At 5:20 p.m., the Committee adjourned to the call of the Chair.
Normand Radford
Clerk of the Committee