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MINUTES OF PROCEEDINGS

Meeting No. 46

Tuesday, February 8, 2011

The Standing Committee on Environment and Sustainable Development met at 8:46 a.m. this day, in Room 268, La Promenade Building, the Chair, James Bezan, presiding.

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

Acting Members present: Hon. Carolyn Bennett for Gerard Kennedy.

In attendance: Library of Parliament: Kristen E. Courtney, Analyst ; Tim Williams, Analyst . House of Commons: Wayne Cole, Legislative Clerk ; Mariane Beaudin, Procedural 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 23 of the Bill.

After debate, Clause 23 carried on the following recorded division: YEAS: Carolyn Bennett, Linda Duncan, Joyce Murray, Francis Scarpaleggia — 4; NAYS: Bernard Bigras, Christian Ouellet — 2.

On new Clause 23.1,

Linda Duncan moved, — That Bill C-469 be amended by adding after line 31 on page 14 the following new clause:

“23.1 (1) The plaintiff bringing an action under subsection 23(1) may only be ordered by a superior court to pay costs if the action is found to be frivolous, vexatious or harassing.

(2) The plaintiff referred to in subsection (1) may be entitled to

(a) counsel fees regardless of whether or not they were represented by counsel; and

(b) an advance cost award upon application to the court if, in the opinion of the court, it is in the public interest.

(3) In exercising its discretion with respect to costs related to an action under subsection 23(1), a superior court may consider any special circumstance, including whether the action is a test case or raises a novel point of law.”

After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division: YEAS: Carolyn Bennett, Linda Duncan, Joyce Murray, Francis Scarpaleggia — 4; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

Joyce Murray moved, — That Bill C-469 be amended by adding after line 31 on page 14 the following new clause:

“NOTICE TO ATTORNEY GENERAL OF CANADA

23.1 Thirty days before seeking recourse pursuant to section 16 or 23, the resident of Canada shall provide written notice to the Attorney General of Canada.”

After debate, the question was put on the amendment of Joyce Murray and it was negatived on the following recorded division: YEAS: Carolyn Bennett, Linda Duncan, Joyce Murray, Francis Scarpaleggia — 4; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

After debate, Clause 24 carried on the following recorded division: YEAS: Carolyn Bennett, Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

On Clause 25,

Linda Duncan moved, — That Bill C-469, in Clause 25, be amended by replacing line 6 on page 15 with the following:

“Board or the Public Sector Integrity Commissioner alleging that an employer or person”

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.

Whereupon, Linda Duncan 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: Scott Armstrong, Bernard Bigras, Blaine Calkins, Christian Ouellet, Robert Sopuck, Mark Warawa, Stephen Woodworth — 7; NAYS: Carolyn Bennett, Linda Duncan, Joyce Murray — 3.

After further debate, Clause 25 carried on the following recorded division: YEAS: Carolyn Bennett, Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

On Clause 26,

Linda Duncan moved, — That Bill C-469, in Clause 26, be amended

(a) by replacing line 18 on page 16 with the following:

“The Commissioner shall, in accordance”

(b) by replacing, in the English version, line 29 on page 16 with the following:

“and the Commissioner shall report any such”

After debate, the question was put on the amendment of Linda Duncan and it was agreed to on the following recorded division: YEAS: Carolyn Bennett, Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

After debate, Clause 26, as amended, carried on the following recorded division: YEAS: Carolyn Bennett, Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

After debate, Clause 27 carried on the following recorded division: YEAS: Carolyn Bennett, Bernard Bigras, Linda Duncan, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

Debate arose on Clause 28.

At 10:46 a.m., the Committee adjourned to the call of the Chair.

Guyanne L. Desforges
Clerk of the Committee

2011/02/18 4:27 p.m.