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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 43
Friday, December 9, 2022, 1:04 p.m. to 3:00 p.m.
Televised
Presiding
Francis Scarpaleggia, Chair (Liberal)

House of Commons
• Michael MacPherson, Legislative Clerk
 
Library of Parliament
• Alison Clegg, Analyst
• Robert Mason, Analyst
• Sarah Yakobowski, Analyst
Department of Health
• Greg Carreau, Director General, Safe Environments Directorate
Department of the Environment
• John Moffet, Assistant Deputy Minister, Environmental Protection Branch
• Laura Farquharson, Director General, Legislative and Regulatory Affairs, Environmental Protection Branch
• Jacqueline Gonçalves, Director General, Science and Risk Assessment, Science and Technology Branch
Pursuant to the order of reference of Thursday, November 3, 2022, the committee resumed consideration of Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act.

Laura Farquharson and John Moffet answered questions.

The committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) was postponed.

The Chair called Clause 2.

On Clause 2,

Laurel Collins moved, — That Bill S-5, in Clause 2, be amended by replacing line 10 on page 1 with the following:

“ery individual in Canada and future generations have a right to a healthy environ-”

Debate arose thereon.

Gérard Deltell moved, — That the amendment be amended by replacing, in the French version, the word “particulier” with the word “personne”.

Debate arose thereon.

The question was put on the subamendment of Gérard Deltell and it was agreed to on the following recorded division:

YEAS: Bob Benzen, Laurel Collins, Gérard Deltell, Damien C. Kurek, Greg McLean, Monique Pauzé, Leah Taylor Roy — 7;

NAYS: Terry Duguid, Lloyd Longfield, Joanne Thompson, Patrick Weiler — 4.

After debate, by unanimous consent, the committee reconsidered the subamendment of Gérard Deltell previously adopted which read as follows: That the amendment be amended by replacing, in the French version, the word “particulier” with the word “personne”.

By unanimous consent, the subamendment was withdrawn.

After debate, the question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:

YEAS: Laurel Collins, Monique Pauzé — 2;

NAYS: Bob Benzen, Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

Pursuant to the order adopted by the committee on Tuesday, December 14, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill S-5, in Clause 2, be amended

(a) by deleting lines 12 to 16 on page 1.

(b) by replacing lines 25 to 31 on page 2 with the following:

“(6) The preamble to the Act is amended by adding the following after the 13th paragraph:”

Debate arose thereon.

The question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Laurel Collins — 1;

NAYS: Bob Benzen, Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 10.

Terry Duguid moved, — That Bill S-5, in Clause 2, be amended by adding after line 16 on page 1 the following:

(2.1) The sixth paragraph of the preamble to the French version of the Act is replaced by the following:

qu’il s’engage à adopter le principe de la prudence, si bien qu’en cas de risques de dommages graves ou irréversibles, l’absence de certitude scientifique absolue ne doit pas servir de prétexte pour remettre à plus tard l’adoption de mesures rentables visant à prévenir la dégradation de l’environnement;

Debate arose thereon.

Monique Pauzé moved, — That the amendment be amended by replacing the word “prudence” with the word “précaution”.

Debate arose thereon.

By unanimous consent, Clause 2 was allowed to stand.

On Clause 3,

Terry Duguid moved, — That Bill S-5, in Clause 3, be amended by replacing line 3 on page 3 with the following:

“not be used as a reason for postponing cost-effective”

Debate arose thereon.

Monique Pauzé moved, — That the amendment be amended by replacing, in the French version, the word “rentables” with the word “effectives”.

After debate, the question was put on the subamendment of Monique Pauzé and it was agreed to on the following recorded division:

YEAS: Bob Benzen, Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;

NAYS: — 0.

After debate, the question was put on the amendment of Terry Duguid, as amended, and it was agreed to on the following recorded division:

YEAS: Bob Benzen, Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 10;

NAYS: Laurel Collins — 1.

Laurel Collins moved, — That Bill S-5, in Clause 3, be amended by adding after line 10 on page 3 the following:

“(a.11) protect the rights of nature;”

After debate, the question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:

YEAS: Laurel Collins — 1;

NAYS: Bob Benzen, Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 10.

Laurel Collins moved, — That Bill S-5, in Clause 3, be amended by replacing line 11 on page 3 with the following:

“(a.2) protect the right of every individual in Canada and future generations to”

After debate, the question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:

YEAS: Laurel Collins, Monique Pauzé — 2;

NAYS: Bob Benzen, Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

Pursuant to the order adopted by the committee on Tuesday, December 14, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill S-5, in Clause 3, be amended by replacing line 13 on page 3 with the following:

“including by applying the precautionary principle, the principles of environmental justice, the “polluter pays” principle and the principles of sustainable development, substitution, non-regression and intergenerational equity;”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Laurel Collins, Monique Pauzé — 2;

NAYS: Bob Benzen, Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

At 2:45 p.m., the sitting was suspended.

At 2:47 p.m., the sitting resumed.

Laurel Collins moved, — That Bill S-5, in Clause 3, be amended by adding after line 13 on page 3 the following:

“(a.3) in relation to paragraph (a.2), uphold principles such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity;”

After debate, the question was put on the amendment of Laurel Collins and it was agreed to on the following recorded division:

YEAS: Laurel Collins, Terry Duguid, Lloyd Longfield, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 7;

NAYS: Bob Benzen, Gérard Deltell, Damien C. Kurek, Greg McLean — 4.

Monique Pauzé moved, — That Bill S-5, in Clause 3, be amended by adding after line 13 on page 3 the following:

“(a.3) adhere to the principles of environmental justice — including by avoiding adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity;”

After debate, the question was put on the amendment of Monique Pauzé and it was negatived on the following recorded division:

YEAS: Monique Pauzé — 1;

NAYS: Bob Benzen, Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 10.

On motion of Damien C. Kurek, it was agreed, — That the committee do now adjourn.

At 3:00 p.m., the committee adjourned to the call of the Chair.



Alexandre Longpré
Clerk of the committee