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MINUTES OF PROCEEDINGS

Meeting No. 45

Tuesday, October 30, 2001

The Standing Committee on Environment and Sustainable Development met at 9:07 a.m. this day, in Room 269, 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, Karen Redman, Julian Reed, Hélène Scherrer, Alan Tonks.

Acting Members present: Diane St-Jacques for Rick Laliberté and Andy Savoy; David Anderson for Paul Forseth; Gurmant Grewal for Bob Mills; Leon Benoit for Roy Bailey.

In attendance: From the Library of Parliament: Kristen Douglas and Tim Williams, Research Officers.  From Legislative Services:  Susan Baldwin and Jean Michel Roy, 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.

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 Clause-by-Clause consideration of the Bill.

On Clause 41,

The witnesses answered questions.

Gar Knutson moved, -- That Bill C-5, in Clause 41, be amended by replacing line 11 on page 21 with the following:

"survival of the species and threats to its habitat that is consistent"

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

Joe Comartin moved, -- That Bill C-5, in Clause 41, be amended by replacing lines 15 to 19 on page 21 with the following:

"(c) an identification of the species' habitat, and examples of activities that are likely to result in its destruction, consistent with the information provided by COSEWIC;"

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

Gar Knutson moved, -- That Bill C-5, in Clause 41, be amended by replacing lines 16 and 17 on page 21 with the following:

"habitat, to the extent possible, based on the best available information, including the information provided by COSEWIC, and examples of"

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

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 41, be amended by adding after line 19 on page 21 the following:

"(c.1) a schedule of studies to identify critical habitat, where available information is inadequate;"

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

Gar Knutson moved, -- That Bill C-5, in Clause 41, be amended by replacing lines 21 and 22 on page 21 with the following:

"distribution objectives that will assist for the survival and recovery of the species and a general description of the research and management activities needed to meet those objectives;"

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

David Anderson moved, -- That Bill C-5, in Clause 41, be amended by replacing lines 23 to 30 on page 21 with the following:

"(e) an evaluation of the social and economic costs and benefits of the strategy referred to in paragraph (b);
(f) any other matters that are prescribed by the regulations;
(g) a statement about whether additional information is required about the species; and
(h) a statement of when one or more action plans in relation to the recovery strategy will be completed."

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

John Herron moved, -- That Bill C-5, in Clause 41, be amended by replacing lines 28 to 30 on page 21 with the following:

"(g) a statement stating that for an endangered species an action plan must be completed six months after the final recovery strategy is included in the public registry and that for a threatened species it must be completed twelve months after the recovery strategy is included in the public registry."

After debate, by unanimous consent, the motion was stood.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 41, be amended by adding after line 30 on page 21 the following:

"(1.1) If the competent minister proposes to make a determination that the recovery of the listed wildlife species is not feasible, he or she must indicate this intention in the public registry, and provide reasons, and allow at least 90 days for public comment before making a determination."

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

Gar Knutson moved, -- That Bill C-5, in Clause 41, be amended by replacing line 36 on page 21 with the following:

"habitat to the extent possible, and"

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

By unanimous consent, Clause 41, as amended, was stood.

On Clause 42,

Karen Redman moved, -- That Bill C-5, in Clause 42, be amended by

(a) replacing line 8 on page 22 with the following:

"42. (1) Subject to subsection (2), the competent minister must include a"

(b) adding after line 15 on page 22 the following:

"(2) With respect to wildlife species that are set out in Schedule 1 on the day section 27 comes into force, the competent minister must include a proposed recovery strategy in the public registry within three years after that day, in the case of a wildlife species listed as an endangered species, and within four years after that day, in the case of a wildlife species listed as a threatened species."

By unanimous consent, the question being put on the amendment, it was stood.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 42, be amended by replacing line 15 on page 22 with the following:

"threatened species or an extirpated species."

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

By unanimous consent, Clause 42, as amended, was stood.

Clause 43 carried.

On Clause 44,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 44, be amended by replacing line 32 on page 22 with the following:

"she shall include it in the public registry as the"

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

By unanimous consent, Clause 44 was stood.

On Clause 45,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 45, be amended by deleting lines 43 to 47 on page 22.

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

By unanimous consent, Clause 45 was stood.

On Clause 46,

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 46, be amended by replacing line 8 on page 23 with the following:

"the implementation of the recovery strategy, and the progress towards meeting its objectives,"

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

David Anderson moved, -- That Bill C-5, in Clause 46, be amended by replacing line 10 on page 23 with the following:

"public registry and, until the strategy has expired or is replaced, the species recovered or recovery is no longer feasible, in every subsequent five-"

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

Clause 46, as amended, carried.

On Clause 47,

Bernard Bigras moved, -- That Bill C-5, in Clause 47, be amended by adding after line 18 on page 23 the following:

"(2) The action plan or plans must be completed within one year following the inclusion of the recovery strategy in the public registry."

After debate, by unanimous consent, the motion was stood.

By unanimous consent, Clause 47 was stood.

On Clause 48,

David Anderson moved, -- That Bill C-5, in Clause 48, be amended by replacing line 3 on page 24 with the following:

"landowners, lessees and other persons whom the"

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

Clause 48, as amended, carried.

On Clause 49,

Gar Knutson moved, -- That Bill C-5, in Clause 49, be amended by replacing line 8 on page 24 with the following:

"49. (1) An action plan must be consistent with and build on the recovery strategy for the species and must include, with"

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

Gar Knutson moved, -- That Bill C-5, in Clause 49, be amended by replacing lines 12 and 13 on page 24 with the following:

"habitat, to the extent possible, based on the best available information and consistent with the recovery strategy, and examples of"

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

Gar Knutson moved, -- That Bill C-5, in Clause 49, be amended by replacing line 19 on page 24 with the following:

"under section 11 or 74;"

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

Gar Knutson moved, -- That Bill C-5, in Clause 49, be amended by replacing line 22 on page 24 with the following:

"protected under legislation or under an agreement taken under section 11 or 74;"

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

David Anderson moved, -- That Bill C-5, in Clause 49, be amended by replacing lines 23 to 25 on page 24 with the following:

"(d) an evaluation of the socio-economic costs of the action plan and the benefits to be derived from its implementation, and an explanation of why, from among the options in the plan, the measures in the plan were chosen;"

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

Gar Knutson moved, -- That Bill C-5, in Clause 49, be amended by replacing lines 24 and 25 on page 24 with the following:

"taken to implement the recovery strategy, including those that address the threats to the species and those that help to achieve the population and distribution objectives, as well as an indication as to when these measures are to take place;"

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

By unanimous consent, Gar Knutson moved, -- That Bill C-5, in Clause 49, be amended by adding after line 25 on page 24 the following:

"(d.1) the methods to be used to monitor the recovery of the species and its long-term viability;"

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

Gar Knutson moved, -- That Bill C-5, in Clause 49, be amended by replacing line 28 on page 24 with the following:

"be derived from its implementation, and the cost of not proceeding with the action plan; and"

After debate, the question being put on the amendment, it was adopted by a show of hands.

YEAS:  6

NAYS:  4

Joe Comartin moved, -- That Bill C-5, in Clause 49, be amended by adding after line 37 on page 24 the following:

"(3) If practicable, an action plan shall be completed
(a) within six months after finalization of a recovery strategy, if the plan is in respect of an endangered species; or
(b) within one year after finalization of a recovery strategy, if the plan is in respect of a threatened species."

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

By unanimous consent, Clause 49, as amended, stood.

On Clause 50,

At 11:27 o’clock a.m., the sitting was suspended.

At 11:37 o’clock a.m., the sitting was resumed.

By unanimous consent, John Herron moved, -- That Bill C-5, in Clause 50, be amended by replacing lines 38 to 40 on page 24 with the following:

"50. (2) An action plan must be completed for an endangered species within six months after the recovery strategy is finalized and within one year from the completion of the recovery strategy for a threatened or extirpated species."

After debate, Leon Benoit moved, -- That the amendment be amended by replacing the words “six months” with “one year” and by replacing the words “one year” with “two years”.

After debate, the sub-amendment carried, on division.

After debate, the amendment, as amended, carried, on division.

The Chair ruled that the vote on the previous amendment, as well as the sub-amendment to it, applied to the following amendment:

-- That Bill C-5, in Clause 50, be amended by replacing lines 41 to 45 on page 24 with the following:

"(3) In exceptional circumstances, where an action plan cannot be completed within the time specified in subsection (2), the Minister may grant an extension of no more than three months; and where a multi-species action plan is being prepared for the species, grant an additional extension of up to six months, and the reasons for the extension must be given in the public registry."

-- That the amendment be amended by replacing the words “three months” with “six months” and by replacing the words “six months” with “one year”.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 50, be amended by adding after line 45 on page 24 with the following:

"(3) Within 90 days after the inclusion of a proposed action plan in the public registry, the competent minister must consider the comments, if any, received in respect of the plan, make any changes to it that he or she considers appropriate and finalize the action plan by including a copy of the plan in the public registry."

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

After debate, by unanimous consent, Clause 50, as amended, was stood.

By unanimous consent, the Committee reverted to Clause 41, as amended.

By unanimous consent, John Herron’s amendment, as follows, was withdrawn:

-- That Bill C-5, in Clause 41, be amended by replacing lines 28 to 30 on page 21 with the following:

"(g) a statement stating that for an endangered species an action plan must be completed six months after the final recovery strategy is included in the public registry and that for a threatened species it must be completed twelve months after the recovery strategy is included in the public registry."

Clause 41, as amended, carried.

By unanimous consent, the Committee reverted to Clause 45.

The Chair ruled that the motion in the name of Karen Kraft Sloan, as follows, is adopted as it is consequential to the two (2) motions in the name of John Herron that were adopted in Clause 50:

-- That Bill C-5, in Clause 45, be amended by deleting lines 43 to 47 on page 22.

Clause 45, as amended, carried.

By unanimous consent, the Committee reverted to Clause 47.

By unanimous consent, Bernard Bigras’ motion, as follows, was withdrawn:

-- That Bill C-5, in Clause 47, be amended by adding after line 18 on page 23 the following:

"(2) The action plan or plans must be completed within one year following the inclusion of the recovery strategy in the public registry."

Clause 47 carried.

At 12:10 p.m., the Committee adjourned to the call of the Chair.

 

 

 

Eugene Morawski
Clerk of the Committee