ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 4

Wednesday, November 20, 2002

The Standing Committee on Environment and Sustainable Development met in a televised session at 3:45 p.m. this day, in Room 253-D, Centre Block, the Chair, The Hon. Charles L. Caccia, presiding.

Members of the Committee present: Roy Bailey, Bernard Bigras, The Hon. Charles L. Caccia, Serge Cardin, John Herron, Karen Kraft Sloan, Gary Lunn, Karen Redman, Julian Reed, Hélène Scherrer, Alan Tonks.

Acting Members present: Carolyn Bennett and Diane St-Jacques for Andy Savoy, Gerry Ritz for Bob Mills, John Finlay for Nancy Karetek-Lindell, Raymond Simard for Rick Laliberté.

In attendance: From the Research Branch of the Library of Parliament: Kristen Douglas and Tim Williams, analysts.

Witnesses: From the Canadian Environmental Assessment Agency: Robert G. Connelly, Vice-President, Policy Development; Heather Smith, Senior Counsel, Legal Services.

Pursuant to its Order of Reference of Monday, October 7, 2002, the Committee resumed consideration of Bill C-9, An Act to amend the Canadian Environmental Assessment Act (See Minutes of Proceedings, Thursday, November 7, 2002, Meeting No. 2).

John Herron moved, - That the Standing Committee on Environment and Sustainable Development invite the Provincial Ministers for the Environment or their designated colleagues, to appear at this Committee, before the House of Commons votes on the ratification of the Kyoto Protocol.

After debate, the motion was defeated by a show of hands.

The Committee proceeded to Clause-by-Clause consideration of the Bill.

On Clause 7,

The witnesses answered questions.

John Herron moved, -- That Bill C-9, in Clause 7, be amended by deleting lines 24 to 29 on page 7.

After debate, the question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-9, in Clause 7, be amended by replacing lines 30 and 31 on page 7 with the following:

"11.2 (1) If, on the application of the Attorney General of Canada, or any interested person, it appears to a"

The question being put on the amendment, it was adopted.

After debate, Clause 7, as amended, stood.

On Clause 8,

Karen Redman moved, -- That Bill C-9, in Clause 8, be amended by replacing, in the French version, line 10 on page 8 with the following:

"faire l'objet d'un examen préalable ou d'une étude approfondie et de"

The question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-9, in Clause 8, be amended by replacing lines 18 and 19 on page 8 with the following:

“coordinator shall”

After debate, the question being put on the amendment, it was adopted.

Karen Redman moved, -- That Bill C-9, in Clause 8, be amended by

(a) replacing, in the French version, line 24 on page 8 with the following:

"ment - de l'expertise ou des connaissances voulues tou-"

(b) replacing, in the French version, line 26 on page 8 with the following:

"b) de coordonner leur participation tout au"

(c) replacing, in the French version, line 37 on page 8 with the following:

"e) de coordonner la participation des autori-"

The question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-9, in Clause 8, be amended by replacing lines 38 and 39 on page 8 with the following:

“coordinator may”

The question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-9, in Clause 8, be amended by replacing lines 17 to 23 on page 9 with the following:

“for all projects is the Agency.”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Karen Redman moved, -- That Bill C-9, in Clause 8, be amended by replacing, in the French version, line 17 on page 9 with the following:

"a) le projet est assujetti au"

The question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-9, in Clause 8, be amended by replacing lines 32 to 36 on page 9 with the following:

“ties or, if they have not selected one within a reasonable time, the one that is designated by the Agency.”

After debate, the question being put on the amendment, it was adopted on division.

After debate, Clause 8, as amended, stood.

On Clause 9,

Gary Lunn moved, -- That Bill C-19, in Clause 9, be amended by replacing line 14 on page 10 with the following:

"16.1 When applicable, community knowledge and aboriginal"

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

Bernard Bigras moved, -- That Bill C-9, in Clause 9, be amended

(a) by replacing line 15 on page 10 with the following:

"traditional knowledge shall be considered in"

(b) by replacing line 22 on page 10 with the following:

"(c) or (d), shall be taken into account in"

After debate, the question being put on the amendment, it was negatived on division.

Karen Redman moved, -- That Bill C-9, in Clause 9, be amended by replacing, in the French version, lines 10 and 11 on page 10 with the following:

Connaissances des collectivités et connaissances traditionnelles autochtones

"16.1 Les connaissances des collectivités et les connaissances traditionnelles autochtones peu-"

The question being put on the amendment, it was adopted.

Bernard Bigras moved, -- That Bill C-9, in Clause 9, be amended by adding after line 28 on page 10 the following:

"16.3 Where a proponent proposes to carry out, in whole or in part, a project relating to a matter that is substantially under the jurisdiction of a province and for which an environmental assessment was previously conducted by the province, the responsible authority shall use that assessment and the report thereon to whatever extent is appropriate for the purpose of complying with section 18 or 21 of the Act."

After debate, the question being put on the amendment, it was negatived on division.

After debate, Clause 9, as amended, stood.

At 5:45 p.m., the Committee adjourned to the call of the Chair.

Eugene Morawski
Clerk of the Committee