ENVI Committee Meeting
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Minutes of Proceedings
Laura Farquharson answered questions.
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 50 of the Bill.
“(3) The Minister shall review a representative sample of at least 25% of requests made under subsection (1) and determine whether, in respect of each request reviewed, the person who made the request has demonstrated that the request concerns any of the following:
(a) trade secrets of any person;
(b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person;
(c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person; or
(d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person.
(4) If the Minister determines that the person who made the request has not demonstrated that the request, in whole or in part, concerns information described in any of paragraphs (3)(a) to (d), then, for the purpose of any part of the request that does not concern such information, the request is deemed not to have been made.
(5) If the Minister determines that the person who made the request has demonstrated that the request concerns information described in any of paragraphs (3)(a) to (d), the Minister shall consider whether to disclose the information under sections 315 to 317.
(6) The Minister shall include in the annual report required by section 342 the number of requests made under subsection (1), the number of requests reviewed, the number of requests that, in whole or in part, were deemed not to have been made and a summary of the information disclosed under sections 315 to 317.
(7) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.”
The question was put on the amendment of Monique Pauzé and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
“(3) The Minister shall review a statistically valid representative sample of requests granted under subsection (1) and determine whether, in respect of each of those requests, the person who made the request demonstrated that it concerned any of the following:
(a) trade secrets of any person;
(b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person;
(c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person; or
(d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person.
(4) If the Minister determines that the person who made the request did not demonstrate that the request, in whole or in part, concerned information described in any of paragraphs (3)(a) to (d), then, for the purpose of any part of the request that does not concern such information, the request is deemed not to have been made.
(5) The Minister shall include in the annual report required under section 342 the number of requests made under subsection (1), the number of requests reviewed, the number of requests that, in whole or in part, were deemed not to have been made and a summary of the information disclosed under sections 315 to 317.2.
(6) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.”
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: Gérard Deltell, Damien C. Kurek, Mike Lake, Greg McLean — 4.
Clause 50, as amended, carried on division.
Clause 51 carried on division.
Clause 52 carried on division.
At 11:10 a.m., the sitting was suspended.
At 11:11 a.m., the sitting resumed.
On Clause 53,
Monique Pauzé moved, — That Bill S-5, in Clause 53, be amended(a) by replacing line 1 on page 40 with the following:
“317.1 (1) The Minister shall disclose the explicit chemi-”
(b) by replacing line 14 on page 40 with the following:
“(2) The Minister shall disclose the explicit biological”
(c) by replacing line 27 on page 40 with the following:
“(3) The Minister shall disclose the explicit chemical or bi-”
Debate arose thereon.
Lloyd Longfield moved, — That the amendment be amended by replacing, in paragraph (1) and (2), the word “shall” with the word “may”.
After debate, the question was put on the subamendment of Lloyd Longfield and it was agreed to on the following recorded division:
YEAS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9;
NAYS: Laurel Collins, Monique Pauzé — 2.
The question was put on the amendment of Monique Pauzé, as amended, 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: Gérard Deltell, Damien C. Kurek, Mike Lake, Greg McLean — 4.
That Bill S-5, in Clause 53, be amended by replacing line 33 on page 40 with the following:
“the list of toxic substances in Schedule 1 ”
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: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
“317.3 The Minister shall include in the annual report required by section 342 a report respecting the explicit chemical or biological names of substances and the explicit biological names of living organisms disclosed under section 317.1 or 317.2.”
After debate, the question was put on the amendment of Terry Duguid and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
At 11:27 a.m., the sitting was suspended.
At 11:27 a.m., the sitting resumed.
Clause 53, as amended, carried.
On Clause 54,
Laurel Collins moved, — That Bill S-5, in Clause 54, be amended by replacing line 31 on page 41 with the following:“placed by the following:
(3) A regulation made under section 93, 135, 140, 167, 177 or 200 or an interim order made under section 94 or 200.1 may be made applicable in only a part or parts of Canada in order to protect the environment or its biological diversity or human health.”
Debate arose thereon.
Monique Pauzé moved, — That the amendment be amended by adding after the word “Canada” the following: “, while respecting the legislative competence of the provinces and territories,”.
After debate, the question was put on the subamendment of Monique Pauzé and it was negatived on the following recorded division:
YEAS: Gérard Deltell, Damien C. Kurek, Mike Lake, Greg McLean, Monique Pauzé — 5;
NAYS: Laurel Collins, Terry Duguid, Lloyd Longfield, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 6.
The question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Monique Pauzé — 3;
NAYS: Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 8.
By unanimous consent, Gérard Deltell changed his recorded division from YEA to NAY.
The amended recorded division read as follows:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
Clause 54 carried on division.
On Clause 55,
Lloyd Longfield moved, — That Bill S-5, in Clause 55, be amended by(a) replacing line 32 on page 41 with the following:
55 Subsections 332(1) and (2) of the Act are
(b) deleting lines 15 to 35 on page 42.
After debate, the question was put on the amendment of Lloyd Longfield and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 10;
NAYS: Monique Pauzé — 1.
Clause 55, as amended, carried on division.
Clause 56 carried on division.
On Clause 57,
Joanne Thompson moved, — That Bill S-5, in Clause 57, be amended by replacing line 14 on page 43 to line 4 on page 44 with the following:“Report — aboriginal peoples
342.1 The Minister shall include in the annual report required by section 342 information related to
(a) consultations with aboriginal peoples and aboriginal governments, including a summary of the key issues raised, in relation to matters under this Act,
(b) the administration of this Act in respect of aboriginal peoples and aboriginal governments, including the measures taken to advance reconciliation as reflected in section 35 of the Constitution Act, 1982 and in the United Nations Declaration on the Rights of Indigenous Peoples Act, and
(c) the key findings or recommendations of any report made under an Act of Parliament in respect of the administration of this Act and aboriginal peoples and aboriginal governments.”
After debate, the question was put on the amendment of Terry Duguid and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
Clause 57, as amended, carried on division.
Clauses 58 to 62 inclusive carried on division severally.
On Clause 63,
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 63, be amended by replacing line 40 on page 46 to line 3 on page 47 with the following:“Minister of Health may, by regulation, add a substance to the Virtual Elimination List.”
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: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
Clauses 63 to 67 inclusive carried on division severally.
After debate, Clause 67.1 was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
Clause 68 carried on division.
Clause 69 carried on division.
By unanimous consent, the committee reverted to Clause 2 previously stood.
“(2.1) The preamble to the Act is amended by adding the following after the fourth paragraph:
Whereas Parliament considers that the right to a healthy environment protects the elements of the environment, such as forests, rivers and seas, as independent legal entities in themselves;
Whereas Parliament considers that protecting the right to a healthy environment requires recognizing that nature has the right to be protected, preserved and restored;”
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: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 10.
At At 12:36 p.m., the sitting was suspended.
At At 12:36 p.m., the sitting resumed.
“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 précaution, 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 effectives visant à prévenir la dégradation de l’environnement;”
After debate, the question was put on the amendment of Monique Pauzé and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
“when they are economically and technically viable, and the virtual elimination of persistent and bioaccumulative toxic substances;”
The question was put on the amendment of Monique Pauzé and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.
“Whereas the Government of Canada is committed to openness, transparency and accountability in respect of the protection of the environment and human health;”
The question was put on the amendment of Laurel Collins and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
“Whereas the Government of Canada is committed to implementing a risk-based approach to the assessment and management of chemical substances;”
The question was put on the amendment of Damien C. Kurek and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
Clause 2, as amended, carried on division.
By unanimous consent, the committee reverted to Clause 5 previously stood.
(a) by replacing line 39 on page 3 with the following:
“Ministers shall, within 18 months after the day on which”
(b) by replacing line 42 on page 3 with the following:
“ment will be protected in the administration of this Act.”
(c) by replacing lines 3 and 4 on page 4 with the following:
“things, set out how
(a) certain principles are to be upheld in the administra-”
(d) by replacing line 10 on page 4 with the following:
“(b) research, studies or monitoring activities are to sup-”
(e) by replacing, in the English version, line 12 on page 4 with the following:
“ment referred to in paragraph 2(1)(a.2); and”
(f) by replacing lines 13 to 17 on page 4 with the following:
“(c) any other mechanism, including regulatory action, if appropriate, is to support the protection of that”
(g) by adding after line 18 on page 4 the following:
“(2.1) Without limiting the generality of subsection (1), the implementation framework shall set out
(a) in relation to each substance for which an objective, a guideline or a code of practice respecting ambient air quality has been issued under section 54 or 55, the measures that the Ministers shall take to protect the right of every individual in Canada to a healthy environment if the average ambient concentration of such a substance in any given geographical area exceeds the levels specified; and
(b) the process under subsection 76.1(1) in respect of the protection of the right to a healthy environment.”
(h) by replacing lines 21 to 23 on page 4 with the following:
“(4) The Minister shall make the implementation framework public.”
Debate arose thereon.
Leah Taylor Roy moved, — That the amendment be amended by replacing the words “18 months” with the words “24 months”.
After debate, the question was put on the subamendment of Leah Taylor Roy and it was agreed to on division.
Laurel Collins moved, — That the amendment be amended by adding after the words “levels specified” the following: “while respecting the legislative competence of the provinces and territories”.
Laurel Collins moved, — That the committee do now adjourn.
The question was put on the motion and it was negatived on the following recorded division:
YEAS: Laurel Collins, Leah Taylor Roy — 2;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Joanne Thompson, Patrick Weiler — 9.
After debate, the question was put on the subamendment of Laurel Collins and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé, Leah Taylor Roy, Patrick Weiler — 4;
NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Joanne Thompson — 7.
On motion of Monique Pauzé, it was agreed, — That the committee do now adjourn.
At 1:05 p.m., the committee adjourned to the call of the Chair.