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2019-06-14 [p.5624]
Messages were received from the Senate as follows:
— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast, with the following amendments:
1. New clauses 3.1 and 3.2, page 2: Add the following after line 18:
“Rights of Indigenous Peoples of Canada
3.1 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Duty of Minister
3.2 When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.”.
2. New clauses 32 and 33, page 16: Add the following after line 16:
“Review and Report
32 (1) At the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
(2) The review undertaken under this section must take into account any report of a regional assessment conducted under section 33.
(3) The committee referred to in subsection (1) must, within one year after the review is undertaken under that subsection, submit a report to the House or Houses of Parliament of which it is a committee.
Regional Assessment
33 (1) Subsections (2) to (7) apply if Bill C-69, introduced in the 1st session of the 42nd Parliament and entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, receives royal assent.
(2) The Minister of the Environment must, no later than 180 days after the day on which both this section and section 93 of the Impact Assessment Act are in force, establish a committee to conduct a regional assessment in relation to activities to which this Act relates.
(3) Before establishing the committee, the Minister of the Environment must offer to the governments of British Columbia, Alberta and Saskatchewan and to any Indigenous governing body within the meaning of section 2 of the Impact Assessment Act that acts on behalf of an Indigenous group, community or people that owns or occupies lands that are located on the part of the coast of British Columbia that is referred to in subsection 4(1) of this Act to enter into an agreement or arrangement respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted.
(4) If an agreement or arrangement referred to in subsection (3) is entered into, the Minister of the Environment must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment.
(5) The committee must submit to the Minister of the Environment a report of the assessment no later than four years after the day on which this section comes into force.
(6) The Minister of the Environment must have the report referred to in subsection (5) laid before each House of Parliament on any of the first 30 days on which that House is sitting after the Minister of the Environment receives it.
(7) The Impact Assessment Act applies to the regional assessment conducted by the committee established under subsection (2) as if that committee were established under section 93 of that Act, with any modifications that may be necessary in the circumstances.”.
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