ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 49

Wednesday, November 7, 2001

The Standing Committee on Environment and Sustainable Development met at 3:35 p.m. this day, in Room 209, West Block, the Chair, Charles L. Caccia, presiding.

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

Acting Members present: Peter Adams for Andy Savoy; Claude Duplain for Rick Laliberté and Hélène Scherrer.

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 Chairman made an opening statement.

It was agreed, -- That the Committee travel to Washington D.C. from the 28^th to the 30^th of January, 2002 in relation to its study on climatic change, crossborder pollution and other related issues.

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

The witnesses answered questions.

By unanimous consent, the Committee reverted to Clause 35.

On Clause 35,

John Herron moved, -- That Bill C-5, in Clause 35, be amended by replacing lines 5 to 10 on page 18 with the following:

"35. (1) The Governor in Council shall, on the recommendation of the Minister, by order, provide that section 32 applies in each of the territories in respect of a listed species of game."

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

The Chair ruled that the previous vote applies to the following amendments:

-- That Bill C-5, in Clause 35, be amended by replacing line 20 on page 18 with the following:

"that the laws of the territory do not effectively protect the"

-- That Bill C-5, in Clause 35, be amended by adding after line 21 on page 18 the following:

"(3.1) Within six months of this Act receiving royal assent, the Minister shall, in consultation with the appropriate territorial ministers and other appropriate persons, develop criteria for determining what constitutes "effective protection" of species at risk in each of the territories.
(3.2) The Minister shall within the period mentioned in subsection (3.1) place these criteria in the public registry for a period of 60 days for public comment.
(3.3) Once the criteria under subsection (3.1) have been implemented, subsections (1) and (2) apply immediately.
(3.4) In the event that there is no agreement on the criteria within the time limit set under subsection (3.1), subsections (1) and (3) will apply to the listed species of game."

-- That Bill C-5, in Clause 35, be amended

(a) by replacing, in the English version, line 25 on page 18 with the following:

"ter;”

(b) by replacing, in the English version, line 31 on page 18 with the following:

"management board; and"

(c) by adding after line 31 on page 18 the following:

"(c) consult the public."

John Herron moved, -- That Bill C-5, in Clause 35, be amended by replacing lines 13 to 15 on page 18 with the following:

"species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 or transboundary species; or"

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

John Herron moved, -- That Bill C-5, in Clause 35, be amended by adding after line 21 on page 18 the following:

"(3.2) The Minister shall provide reasons for his or her determination in the public registry."

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

Clause 35, as amended, carried.

Clause 36 carried.

By unanimous consent, the Committee reverted to Clause 7.

On Clause 7,

Rick Laliberte moved, -- That Bill C-5, in Clause 7, be amended by replacing lines 30 to 33 on page 8 with the following:

"implementation of action plans;
(b) coordinate the activities of the various governments represented on the Council relating to the protection of species at risk; and
(c) seek and consider advice and recommendations from the National Aboriginal Council on Species at Risk.
NATIONAL ABORIGINAL COUNCIL ON SPECIES AT RISK
7.1 (1) The National Aboriginal Council on Species at Risk consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister of Canadian Heritage and six (6) representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate.
(2) The role of the National Aboriginal Council on Species at Risk is to provide advice and recommendations to the Canadian Endangered Species Conservation Council."

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

The Chair ruled that the previous vote applies to the following amendment:

-- That Bill C-5, in Clause 2, be amended by adding after line 38 on page 5 the following:

""National Aboriginal Council on Species at Risk" means the Council referred to in subsection 7.1(1)."

Clause 7, as amended, carried.

On Clause 8,

By unanimous consent, Clause 8 was stood.

By unanimous consent, the Committee reverted to Clause 39.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 39, be amended by replacing line 34 on page 20 with the following:

"affected by or interested in the strategy, including the govern-"

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

Clause 39 carried.

By unanimous consent, the Committee reverted to Clause 50, as amended.

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 may 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."

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

Clause 50, as amended, carried.

On Clause 59,

Marcel Gagnon moved, -- That Bill C-5, in Clause 59, be amended by replacing line 4 on page 28 with the following:

"59. (1) The Governor in Council must, on the"

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

John Herron moved, -- That Bill C-5, in Clause 59, be amended by replacing lines 4 to 8 on page 28 with the following:

"59. (1) Within one (1) year after an action plan is completed, the competent minister, after consultation with every other competent minister, shall make regulations to protect the critical habitat of a listed species that is on federal lands, a species of migratory birds protected by the Migratory Birds Convention Act, 1994, or an aquatic species."

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

Gar Knutson moved, -- That Bill C-5, in Clause 59, be amended by replacing lines 4 to 8 on page 28 with the following:

"59. (1) After a recovery strategy is completed or after an action plan is completed that revises the critical habitat identified in the strategy, the competent minister may make regulations to protect the habitat of a listed species that is
(a) on federal lands;
(b) an aquatic species; or
(c) a species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994."

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

At 6:20 p.m., the Committee adjourned to the call of the Chair.

Eugene Morawski
Clerk of the Committee