ENVI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 3
Tuesday, November 19, 2002
The Standing Committee on Environment and Sustainable Development met in a televised session at 9:05 a.m. this day, in Room 253-D, Centre Block, the Chair, The Hon. Charles L. Caccia, presiding.
Members of the Committee present: Roy Bailey, Bernard Bigras, The Hon. Charles L. Caccia, Serge Cardin, Joe Comartin, John Herron, Nancy Karetak-Lindell, Karen Kraft Sloan, Gary Lunn, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer.
Acting Members present: Claude Duplain and Larry Bagnell for Alan Tonks, David Pratt for Rick Laliberté, Diane St-Jacques for Andy Savoy.
In attendance: From the Research Branch of the Library of Parliament: Kristen Douglas and Tim Williams, analysts.
Witnesses: From the Canadian Environmental Assessment Agency: Robert G. Connelly, Vice-President, Policy Development; Heather Smith, Senior Counsel, Legal Services.
Pursuant to its Order of Reference of Monday, October 7, 2002, the Committee resumed consideration of Bill C-9, An Act to amend the Canadian Environmental Assessment Act (See Minutes of Proceedings, Thursday, November 7, 2002, Meeting No. 2).
The Committee resumed Clause-by-Clause consideration of the Bill.
Clauses 3 to 5 stood.
The Chair called Clause 6.
The witnesses answered questions.
John Herron moved, -- That Bill C-9, in Clause 6, be amended
(a) by replacing lines 30 and 31 on page 4 with the following:
“(2) The environmental assessment of a project under this section shall be”
(b) by replacing the expressions "assessment of the environmental effects" and "assessments of the environmental effects", wherever they occur throughout the Bill with the expressions "environmental assessment" and "environmental assessments", with any modifications that the circumstances require.
After debate, the question being put on the amendment, it was stood.
Karen Redman moved, -- That Bill C-9, in Clause 6, be amended by replacing lines 8 to 20 on page 6 with the following:
Assessments by band councils under regulations
10. (1) If a project is to be carried out in whole or in part on a reserve that
has been set apart for the use and benefit of a band and that is subject to the
Indian Act, the council of the band for whose use and benefit the reserve has
been set apart shall, if regulations that apply to the band have been made
under paragraph 59(l) and have come into force, ensure that an assessment of
the environmental effects of the project is conducted in accordance with those
regulations before the band council exercises one of the following powers or
performs one of the following duties or functions in respect of the project,
namely, where the band council
(a) is the proponent of the project and does any act or thing that commits it
to carrying out the project in whole or in part;
(b) makes or authorizes payments or provides a guarantee for a loan or any
other form of financial assistance to the proponent of the project for the
purpose of enabling the project to be carried out in whole or in part,
including financial assistance in the form of any reduction, avoidance,
deferral, removal, refund, remission or other form of relief from the payment
of any tax; or
(c) takes any action under a provision prescribed under paragraph 59(l.001) for
the purpose of enabling the project to be carried out in whole or in part.
Timing of assessment
(2) Where an assessment of the environmental effects of a project is required
under subsection (1), the band council shall ensure that the assessment is
conducted as early as is practicable in the planning stages of the project and
before irrevocable decisions are made.
The question being put on the amendment, it was adopted on division.
John Herron moved, -- That Bill C-9 be amended by adding after line 45 on page 6 the following new clause:
“6.1 Section 11 of the Act is amended by adding the following after subsection (2):
(3) The proponent of the project and the federal authority, including the responsible authority in relation to the project, shall comply with this Act and the regulations.
(4) A person who does not comply with the requirements of this Act commits an offence.”
The Chair ruled the amendment out of order because of the Parent Act.
Clause 6, as amended, stood.
On Clause 7,
Joe Comartin moved, -- That Bill C-9, in Clause 7, be amended by replacing line 1 on page 7 with the following:
“11.1 (1) The Minister or the minister through whom the”
After debate, the question being put on the amendment, it was adopted by a show of hands.
|
Yeas: 7 |
Nays: 3 |
Bernard Bigras moved, -- That Bill C-9, in Clause 7, be amended by replacing lines 12 and 13 on page 7 with the following:
“project being assessed in whole or in part.”
After debate, the question being put on the amendment, it was negatived by a show of hands.
|
Yeas: 4 |
Nays: 7 |
At 10:30 a.m., the Committee adjourned to the call of the Chair.
Eugene Morawski
Clerk of the Committee