ENVI Committee Meeting
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Minutes of Proceedings
The Committee commenced its clause-by-clause study of the Bill.
The witnesses answered questions.
Pursuant to Standing Order 75(1), consideration of the Preamble was postponed.
The Chair called Clause 1.
On Clause 1,
Linda Duncan moved, — That Bill C-69, in Clause 1, be amended by replacing line 11 on page 2 with the following:“ensuring sustainability;”
After debate, the question was put on the amendment of Linda Duncan and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.
“impact, regional and strategic assessments provide an effective means of in-”
After debate, the question was put on the amendment of Linda Duncan and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.
“tegrating scientific information and Indigenous knowledge into”
After debate, the question was put on the amendment of Mike Bossio and it was agreed to, by a show of hands: YEAS: 5; NAYS: 3.
“decision-making processes;”
After debate, the question was put on the amendment of Linda Duncan and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.
“value and importance of meaningful public participation at all stages of impact, regional or strategic assessments;
Whereas the Government of Canada is committed to providing Canadians with the opportunity and means to participate in impact, regional and strategic assessments, and with full and timely access to the in-”
After debate, the question was put on the amendment of Linda Duncan and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.
(a) by replacing lines 19 and 20 on page 2 with the following:
“importance of public participation in all stages of the impact assessment process and”
(b) by replacing line 29 on page 2 with the following:
“Whereas the Government of Canada is committed, under the United Nations Declaration of the Rights of Indigenous Peoples, adopted on September 13, 2007, in”
(c) by adding after line 11 on page 3 the following:
“Whereas the Government of Canada is committed to assessing how vulnerable populations and gender-diverse people may be affected by policies, programs and projects, and to taking actions that contribute to environmental justice and an inclusive and democratic society;”
After debate, the question was put on the amendment of Linda Duncan and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.
“Whereas the Government of Canada recognizes the need for transparent and accountable decision-making in relation to impact, regional and strategic assessments;”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
Pursuant to the order adopted by the Committee on Tuesday, May 10, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-69, in the preamble, be amended by replacing line 35 on page 2 with the following:
“tion Act, 1982 and by the Declaration on the Rights of Indigenous Peoples, and to fostering reconciliation and”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Kim Rudd, Robert Sopuck — 8.
The Chair ruled that the following nine (9) amendments were consequential to the previous amendment and therefore they were also negatived:
That Bill C-69, in Clause 1, be amended by adding after line 4 on page 4 the following:“Declaration on the Rights of Indigenous Peoples means the United Nations Declaration on the Rights of Indigenous Peoples that was adopted by the General Assembly of the United Nations as Resolution 61/295 on September 13, 2007. (Déclaration sur les droits des peuples autochtones)”
That Bill C-69, in Clause 1, be amended by replacing line 41 on page 8 with the following:
“in section 35 of the Constitution Act, 1982 and in the Declaration on the Rights of Indigenous Peoples.”
That Bill C-69, in Clause 1, be amended by replacing line 33 on page 9 with the following:
“35 of the Constitution Act, 1982 and by the Declaration on the Rights of Indigenous Peoples, in the course of im-”
That Bill C-69, in Clause 1, be amended by replacing line 5 on page 13 with the following:
“Act, 1982 and by the Declaration on the Rights of Indigenous Peoples, as well as any relevant assessment referred to”
That Bill C-69, in Clause 1, be amended by replacing line 9 on page 16 with the following:
“Constitution Act, 1982 and by the Declaration on the Rights of Indigenous Peoples;”
That Bill C-69, in Clause 1, be amended by replacing line 35 on page 19 with the following:
“firmed by section 35 of the Constitution Act, 1982 and by the Declaration on the Rights of Indigenous Peoples;”
That Bill C-69, in Clause 1, be amended by replacing line 38 on page 39 with the following:
“firmed by section 35 of the Constitution Act, 1982 and by the Declaration on the Rights of Indigenous Peoples; and”
That Bill C-69, in Clause 1, be amended by replacing line 23 on page 48 with the following:
“Act, 1982 and by the Declaration on the Rights of Indigenous Peoples;”
That Bill C-69, in Clause 1, be amended by replacing lines 35 and 36 on page 77 with the following:
“(i) to consult with the Indigenous peoples of Canada on policy issues related to this Act and to protect their rights as recognized and affirmed by section 35 of the Constitution Act, 1982 and by the Declaration on the Rights of Indigenous Peoples in any decisions made under this Act.”
“tion Act, 1982, and by the United Nations Declaration on the Rights of Indigenous Peoples, adopted on September 13, 2007, and to fostering reconciliation and”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Churence Rogers, Robert Sopuck — 7.
“Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;”
After debate, the question was put on the amendment of William Amos and it was agreed to on the following recorded division:
YEAS: John Aldag, William Amos, Mike Bossio, Linda Duncan, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 9;
NAYS: — 0.
“importance of cooperating and coordinating with jurisdictions that”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“subject matter of impact, regional and strategic assessments;
Whereas the Government of Canada recognizes that impact, regional and strategic assessments contribute to Canada's ability to meet its international commitments in respect of the environment and climate change;”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“and technologies to avoid or ameliorate adverse changes to the environment and to health, social, economic or cultural condi-”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“(b) meet either or both of the following criteria:
(i) are designated by regulations made under paragraph 109(b) or section 112, or
(ii) are designated in an order made by the Minister under subsection 9(1);
(c) may have effects on
(i) the outstanding universal value of a World Heritage site found on the United Nations Educational, Scientific and Cultural Organization World Heritage List,
(ii) one or more species at risk, as defined in subsection 2(1) of the Species at Risk Act, or on their habitat,
(iii) migratory birds, as defined in subsection 2(1) of the Migratory Birds Convention Act, 1994, or
(iv) transboundary waters or a transboundary airshed; or
(d) may have significant adverse effects on any Indigenous group or the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982. (projet désigné)”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also negatived:
That Bill C-69, in Clause 1, be amended by adding after line 24 on page 59 the following:“(2) If a regional assessment has determined that a region is experiencing a large number of cumulative effects within federal jurisdiction caused by physical activities carried out in that region, the Minister must, within 180 days of the day on which the determination is made, make a regulation for that region designating physical activities or classes of physical activities for the purpose of the definition designated project in section 2.”
“graph 109(b).”
Debate arose thereon.
At 12:18 p.m., the sitting was suspended.
At 12:23 p.m., the sitting resumed.
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“tion, regardless of whether the effects are within the control of a proponent, that would permit the carrying out, in whole or in”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“changes to the environment or to health, cultural, social or economic conditions, their interactions and the consequences of these changes and interactions to present and future generations.”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
Pursuant to the order adopted by the Committee on Tuesday, May 10, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-69, in Clause 1, be amended by replacing line 23 on page 4 with the following:
“changes to the environment or to health, social, cultural, or eco-”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“nomic conditions and the positive and negative consequences of these changes.”
After debate, the question was put on the amendment of William Amos and it was agreed to on the following recorded division:
YEAS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8;
NAYS: Linda Duncan — 1.
“effects within federal jurisdiction means any adverse effects that
(a) result from of a physical activity or designated project carried out on federal lands or impacting these lands;
(b) are caused by a physical activity or designated project related to a decision by a federal authority;
(c) occur in a province other than the one where the physical activity or designated project is being carried out;
(d) occur in a situation where there is related financing by a federal authority;
(e) occur in a situation that is subject to federal legislative jurisdiction; and
(f) affect the Indigenous peoples of Canada, including their rights as enshrined under the United Nations Declaration on the Rights of Indigenous Peoples, adopted on September 13, 2007. (effet relevant d'un domaine de compétence fédérale)”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“(ii) their rights recognized and affirmed by section 35 of the Constitution Act, 1982, or”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
Pursuant to the order adopted by the Committee on Tuesday, May 10, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-69, in Clause 1, be amended by replacing line 17 on page 5 with the following:
“(e) any change to a health, social, cultural, or economic matter”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“environmental justice means the equitable distribution of environmental risks and benefits and includes fair treatment and meaningful involvement of persons regardless of their race, colour, national origin, income or membership in an historically disadvantaged group. (justice environnementale)”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
(a) by deleting lines 32 to 36 on page 6;
(b) by adding after line 5 on page 7 the following:
“indigenous land means
(a) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act;
(b) land, including any water, that is subject to a comprehensive or specific claim agreement, or a self-government agreement, between the Government of Canada and Indigenous peoples where title remains with Her Majesty in right of Canada; and
(c) air and all layers of the atmosphere above and the subsurface below land mentioned in paragraph (a) or (b). (terres autochtones)”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)”
After debate, the question was put on the amendment of Mike Bossio and it was agreed to on the following recorded division:
YEAS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8;
NAYS: — 0.
(a) by replacing lines 16 and 17 on page 7 with the following:
“tions in relation to an assessment of the adverse effects of a designated project;”
(b) by replacing line 22 on page 7 with the following:
“the adverse effects of a designated project;”
(c) by replacing line 27 on page 7 with the following:
“an assessment of the adverse effects of a desig-”
(d) by replacing line 20 on page 10 with the following:
“avoid significant adverse effects;”
(e) by replacing line 6 on page 19 with the following:
“sessment of the adverse effects of a designated”
(f) by replacing line 14 on page 27 with the following:
“assessment of the adverse effects of the desig-”
(g) by replacing lines 12 and 13 on page 29 with the following:
“functions in relation to an assessment of the adverse effects of the designated project, respecting the”
(h) by replacing line 29 on page 29 with the following:
“sessment of the adverse effects of the designated”
(i) by replacing lines 15 to 18 on page 47 with the following:
“adverse effects means detrimental direct or indirect effects to the environment, health, social, cultural or economic conditions, including the impact of these effects on the Indigenous peoples of Canada or on vulnerable persons. (effets négatifs)”
(j) by replacing line 1 on page 48 with the following:
“effects and the Governor in Council de-”
(k) by replacing line 10 on page 48 with the following:
“verse effects; or”
(l) by replacing line 13 on page 48 with the following:
“effects and the Governor in Council de-”
(m) by replacing line 18 on page 48 with the following:
“adverse effects must include a considera-”
(n) by replacing line 32 on page 48 with the following:
“nificant adverse effects of the project”
(o) by replacing lines 14 and 15 on page 49 with the following:
“ty's opinion, may cause significant adverse effects.”
(p) by replacing lines 18 and 19 on page 49 with the following:
“of the class will cause only insignificant adverse effects.”
(q) by replacing line 3 on page 50 with the following:
“cause significant adverse effects, the au-”
(r) by replacing line 13 on page 50 with the following:
“the significant adverse effects are justified”
(s) by replacing line 22 on page 60 with the following:
“in relation to an assessment of the adverse”
(t) by replacing line 31 on page 60 with the following:
“to an assessment of the adverse effects of a”
(u) by replacing lines 24 and 25 on page 61 with the following:
“jurisdiction in section 2 respecting assessments of adverse effects, including for the purposes of imple-”
(v) by replacing line 27 on page 61 with the following:
“arrangement respecting the assessment of adverse”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“(c.1) the government of a municipality;”
By unanimous consent, the amendment was allowed to stand.
Pursuant to the order adopted by the Committee on Tuesday, May 10, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-69, in Clause 1, be amended
(a) by replacing line 29 on page 8 with the following:
“under subsection 39(3); or”
(b) by deleting lines 7 to 22 on page 29.
(c) by replacing line 10 on page 31 with the following:
“ly establish a review panel under subsection 39(3),”
(d) by deleting lines 28 to 31 on page 37.
Debate arose thereon.
At 1:08 p.m., the sitting was suspended.
At 1:12 p.m., the sitting resumed.
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“(c.1) the government of a municipality;”
The question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan, Ed Fast, Joël Godin, Robert Sopuck — 4;
NAYS: John Aldag, William Amos, Mike Bossio, Darren Fisher, Churence Rogers — 5.
“sustainability means the ability to contribute to the sustainable development goals set forth in the resolution entitled Transforming our world: the 2030 Agenda for Sustainable Development and adopted by the General Assembly of the United Nations on September 25, 2015. (durabilité)”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“sustainability means protecting, restoring or enhancing the environment, equitably contributing to the social and economic well-being of the people of Canada and preserving their health in a manner that equitably benefits present and future generations and achieves mutually reinforcing, cumulative and lasting gains. (durabilité)”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
Pursuant to the order adopted by the Committee on Tuesday, May 10, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-69, in Clause 1, be amended by adding after line 36 on page 8 the following:
“traditional knowledge of the Indigenous peoples of Canada includes information acquired from Indigenous knowledge systems. (connaissances traditionnelles des peuples autochtones du Canada)”
After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Ed Fast, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 8.
“vulnerable population includes any group or community that is especially vulnerable to environmental or health risks as a result of biological, social, economic, geographic or other factors. (population vulnérable)”
After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division:
YEAS: Linda Duncan — 1;
NAYS: John Aldag, William Amos, Mike Bossio, Darren Fisher, Joël Godin, Churence Rogers, Robert Sopuck — 7.
At 1:32 p.m., the Committee adjourned to the call of the Chair.