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MINUTES OF PROCEEDINGS

Meeting No. 42

Tuesday, October 23, 2001

The Standing Committee on Environment and Sustainable Development met at 9:12 a.m. this day, in Room 308, West Block, the Chair, Charles L. Caccia, presiding.

Members of the Committee present: Roy Bailey, Bernard Bigras, Charles L. Caccia, Joe Comartin, John Herron, Gar Knutson, Karen Kraft Sloan, Rick Laliberte, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer, Alan Tonks.

Acting Member present: David Anderson for Paul Forseth.

In attendance: From the Library of Parliament: Kristen Douglas and Tim Williams, Research Officers.  From Legislative Services:  Susan Baldwin and Phillipe Méla, Legislative Clerks.

Witnesses: From the Department of Justice Canada: David Near, Legal Counsel, Legal Services. From Environment Canada: Simon Nadeau, Head, Endangered Species Recovery; Ruth Wherry, Director, Species at Risk, Canadian Wildlife Service. From the Department of Fisheries and Oceans: Howard Powles, Director, Biodiversity Science.

Pursuant to its Order of Reference of Tuesday, March 20, 2001, the Committee resumed consideration of Bill C-5, An Act respecting the protection of wildlife species at risk in Canada (See Minutes of Proceedings, Thursday, March 22, 2001, Meeting No. 6).

The Committee resumed to Clause-by-Clause consideration of the Bill.

The witnesses answered questions.

On Clause 15, as amended,

By unanimous consent, Clause 15, as amended, stood.

By unanimous consent, the Committee reverted to Clause 2, as amended.

Gar Knutson moved, -- That Bill C-5, in Clause 2, be amended by replacing line 20 on page 5 with the following:

"processes, or areas where aquatic species formerly occurred and have the potential to be reintroduced; and"

After debate, the question being put on the amendment, it was adopted on division.

Gar Knutson moved, -- That Bill C-5, in Clause 2, be amended by replacing line 24 on page 5 with the following:

"depends on directly or indirectly in order to carry out its life processes or formerly occurred and has the potential"

After debate, the question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-5, in Clause 2, be amended by replacing lines 8 to 13 on page 6 with the following:

""residence" means a dwelling-place, such as a den, nest or other area or a place that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating."

After debate, Gar Knutson moved, -- That the amendment be amended by inserting the word “similar” between the words “other” and “area” in line 2.

After debate, the sub-amendment carried.

After debate, the amendment, as amended, carried.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 2, be amended by replacing line 13 on page 6 with the following:

"ing breeding, rearing, staging, wintering or hibernating."

By unanimous consent, the amendment was withdrawn.

By unanimous consent, Clause 2, as amended, stood.

On Clause 11,

Gar Knutson moved, -- That Bill C-5, in Clause 11, be amended by adding after line 23 on page 10 the following:

"(3) Any agreement under subsection (1), if it involves any activity that will affect a listed wildlife species, any part of its critical habitat or the residences of its individuals, must benefit the species or be required to enhance its chance of survival in the wild."

After debate, the question being put on the amendment, it was adopted.

Joe Comartin moved, -- That Bill C-5, in Clause 11, be amended by adding after line 23 on page 10 the following:

"(3) The agreement may not provide for any measures that involve an activity that would be harmful to a species or its habitat unless the criteria set out in subsection 74(3) are met."

After debate, the question being put on the amendment, it was negatived on division.

John Herron moved, -- That Bill C-5, in Clause 11, be amended by adding after line 23 on page 10 the following:

"(2.1) For greater certainty, agreements under subsection (1) are not permits or agreements for the purpose of authorizing activity affecting a listed wildlife species.
(2.2) The competent minister may enter into an agreement or issue a permit to a person, authorizing the person to engage in activities that affect a listed wildlife species or any part of its critical habitat subject to the terms and conditions under section 74."

After debate, by unanimous consent, the amendment was withdrawn.

Clause 11, as amended, carried.

On Clause 15,

Bob Mills moved, -- That Bill C-5, in Clause 15, be amended

(a) by deleting, in the English version, line 12 on page 12.

(b) by replacing, in the English version, line 17 on page 12 with the following:

"with that Council, may assign

(c) by adding after line 17 on page 12 the following:

and";"(f) amend the scientific and common names and, if applicable, the status of the species in the List of Wildlife Species at Risk in accordance with currently accepted zoological or botanical nomenclature."

After debate, the question being put on the amendment, it was negatived on division.

Bob Mills moved, -- That Bill C-5, in Clause 15, be amended by deleting lines 18 to 22 on page 12.

After debate, the question being put on the amendment, it was negatived on division.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 15, be amended by replacing line 19 on page 12 with the following:

"on the basis of the best available information on the biological status of a species,"

After debate, the question being put on the amendment, it was adopted on division.

John Herron moved, -- That Bill C-5, in Clause 15, be amended by replacing line 22 on page 12 with the following:

"edge. Where these various forms of knowledge conflict, COSEWIC's decision must be based on scientific knowledge."

After debate, by unanimous consent, the amendment was withdrawn.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 15, be amended by adding after line 6 on page 12 the following:

"(d) indicate in the assessment if the wildlife species migrates across an international boundary of Canada or has a range extending across such a boundary;"

After debate, the question being put on the amendment, it was adopted.

Bob Mills moved, -- That Bill C-5, in Clause 15, be amended by deleting lines 23 to 26 on page 12.

After debate, the question being put on the amendment, the result of the vote was announced:

YEAS:  5

NAYS:  5

The Chair voted in the negative.

Accordingly, the amendment was negatived.

Clause 15, as amended, carried.

On Clause 16,

Joe Comartin moved, -- That Bill C-5, in Clause 16, be amended by replacing lines 30 to 32 on page 12 with the following:

"Species Conservation Council and with other expert bodies, including the Royal Society of Canada."

After debate, by unanimous consent, the amendment was withdrawn.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 16, be amended by replacing lines 31 and 32 on page 12 with the following:

"experts and expert bodies, such as the Royal Society of Canada, that the Minister considers to have relevant expertise."

After debate, the question being put on the amendment, it was adopted.

John Herron moved, -- That Bill C-5, in Clause 16, be amended by adding after line 38 on page 12 the following:

"(2.1) The Minister must ensure that no more than one half of members of COSEWIC appointed are employees of the federal or a provincial government. For greater certainty, an employee of a university or a college is not an employee for the purposes of subsection (1)."

After debate, the question being put on the amendment, it was negatived on division.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 16, be amended by replacing line 4 on page 13 with the following:

"(5) The members shall be paid remuneration"

After debate, the question being put on the amendment, it was negatived on division.

Joe Comartin moved, -- That Bill C-5, in Clause 16, be amended by adding after line 6 on page 13 the following:

"(6) The Minister shall ensure that a majority of members were not part of the public service of Canada in the six months before their appointment."

After debate, the question being put on the amendment, it was negatived on division.

John Herron moved, -- That Bill C-5, in Clause 16, be amended by adding after line 6 on page 13 the following:

"(6) Each member of COSEWIC shall exercise his or her discretion in an independent manner."

After debate, by unanimous consent, the question being put on the amendment, it was stood.

After debate, Clause 16, as amended, stood.

At 11:40 a.m., the Committee adjourned to the call of the Chair.

 

 

 

Eugene Morawski
Clerk of the Committee