ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 52

Wednesday, November 21, 2001

The Standing Committee on Environment and Sustainable Development met at 3:50 p.m. this day, in Room 209, West Block, the Chair, Charles L. Caccia, presiding.

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

Acting Members present: Claude Duplain for Andy Savoy; Dominic LeBlanc and Charles Hubbard for Julian Reed.

In attendance: From the Research Branch of 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).

On motion of Gar Knutson, it was agreed, -- That a budget in the amount of $46,679.44 be adopted for travel to Washington D.C. from January 28 to 30, 2002 in relation to its study on climactic change and cross border pollution.

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

On Clause 74,

The witnesses answered questions.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 74, be amended by replacing lines 1 to 6 on page 34 with the following:

"74. (1) An agreement, permit, license, order or other form of approval under subsection (1.1) or section 75 is required in order for a person to engage in an activity adversely affecting any part of the critical habitat of a listed endangered, threatened or extirpated wildlife species, as identified in an action plan, if the species is:

(a) on federal lands

(b) an aquatic species; or

(c) a migratory bird species protected by the Migratory Birds Convention Act, 1994.

(1.1) The competent minister may enter into an agreement with a person or issue a permit to a person, authorizing the person to engage in an activity adversely affecting a wildlife species, any part of its critical habitat or the residences of its individuals."

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

Bob Mills moved, -- That Bill C-5, in Clause 74, be amended by adding after line 17 on page 34 the following:

"(2.1) No agreement under subsection (1) that affects fee simple land or the management and use of land or resources subject to resource management or use agreement with any government in Canada may be entered into without the consent of the parties to the agreement."

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

John Herron moved, -- That Bill C-5, in Clause 74, be amended by replacing line 20 on page 34 with the following:

"minister has published in the public registry the reasons why the exemption is being granted and is of the opinion that"

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

Bob Mills moved, -- That Bill C-5, in Clause 74, be amended by replacing line 24 on page 34 with the following:

"tive has been adopted, based on ecological, scientific, technical and socio-economic considerations;"

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

Karen Redman moved, -- That Bill C-5, in Clause 74, be amended by adding after line 30 on page 34 the following:

(3.1) If an agreement is entered into or a permit is issued, the competent minister must include in the public registry an explanation of why it was entered into or issued, taking into account the matters referred to in paragraphs (3)(a), (b) and (c).

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

Karen Redman moved, -- That Bill C-5, in Clause 74, be amended by replacing lines 12 and 13 on page 35 with the following:

(8) The competent minister may revoke or amend an agreement or a permit to ensure the

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

Clause 74, as amended, carried.

By unanimous consent, the Committee reverted to Clause 64.

Bob Mills moved, -- That Bill C-5, in Clause 64, be amended by replacing lines 21 to 29 on page 30 with the following:

"64. (1) The Minister shall, in accordance with the regulations, provide fair and reasonable compensation to any person who owns land or a natural resource or who is entitled to occupy or extract a natural resource, who is impacted by a prohibition contained in an order made under this Act."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

Bernard Bigras moved, -- That Bill C-5, in Clause 64, be amended by replacing line 21 on page 30 with the following:

"64. (1) The Minister must, in accordance"

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

John Herron moved, -- That Bill C-5, in Clause 64, be amended by replacing line 22 on page 30 with the following:

"with the regulations, provide fair and reasonable compensation to"

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

Bob Mills moved, -- That Bill C-5, in Clause 64, be amended by replacing line 30 on page 30 with the following:

"(2) The Governor in Council shall make"

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

John Herron moved, -- That Bill C-5, in Clause 64, be amended by adding after line 43 on page 30 with the following:

"(d) the factors to be considered in determining whether there has been extraordinary impact under subsection (1)."

After debate, the result of the vote was announced.

The Chair voted in the negative.

Accordingly, the amendment was defeated.

Clause 64, as amended, carried on division.

By unanimous consent, the Committee reverted to Clause 97.

Karen Kraft Sloan moved, -- That Bill C-5, in Clause 97, be amended by replacing line 17 on page 48 with the following:

"36(1), 58(1), 60(1), 61(1) or 74(1) or section 91 or 92"

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

Alan Tonks moved, -- That Bill C-5, in Clause 97, be amended

(a) by replacing lines 24 to 26 on page 48 with the following:

“(i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $300,000,

(ii) in the case of a non-profit corporation, to a fine of not more than $50,000, and

(iii) in the case of any other person, to a”

(b) by replacing lines 32 to 34 on page 48 with the following:

“(i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $1,000,000,

(ii) in the case of a non-profit corporation, to a fine of not more than $250,000, and

(iii) in the case of any other person, to a”

(c) by adding after line 21 on page 49 the following:

“(7) For the purposes of subparagraphs (1)(a)(i), (ii) and (iii) and (b)(i), (ii) and (iii), “non-profit corporation” means a corporation, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member or shareholder of the corporation.”

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

By unanimous consent, Clause 97, as amended, was stood.

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

Eugene Morawski

Clerk of the Committee