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MINUTES OF PROCEEDINGS

Meeting No. 19

Thursday, May 7, 2009

The Standing Committee on Environment and Sustainable Development met at 9:03 a.m. this day, in Room 371, West Block, the Vice-Chair, Francis Scarpaleggia, presiding.

Members of the Committee present: Bernard Bigras, Peter Braid, Blaine Calkins, Linda Duncan, David J. McGuinty, Christian Ouellet, Francis Scarpaleggia, Justin Trudeau, Mark Warawa, Jeff Watson and Stephen Woodworth.

Acting Members present: Robert Bouchard for Christian Ouellet, Luc Malo for Christian Ouellet and Tim Uppal for Peter Braid.

In attendance: Library of Parliament: Tim Williams, Analyst ; Penny Becklumb, Analyst . House of Commons: Wayne Cole, Legislative Clerk.

Witnesses: Department of the Environment: Renée Caron, Executive Director, Legislative Governance; Sarah Cosgrove, Manager, Legislative Advice Section. Department of Justice: Lucie Bourbonnière, Senior Counsel, Parks Canada Agency; Linda Tingley, Senior Counsel; Gillian Grant, Legal Counsel, Transport Canada. Parks Canada Agency: Darlene Pearson, Legislation and Policy.

Pursuant to the Order of Reference of Wednesday, March 25, 2009, the Committee resumed consideration of Bill C-16, An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment.

The witnesses answered questions.

At 11:02 a.m., the sitting was suspended.

At 11:11 a.m., the sitting resumed.

The Committee resumed its clause-by-clause study of the Bill.

Clause 18 carried.

On Clause 19,

Linda Duncan moved, — That Bill C-16, in Clause 19, be amended by replacing line 25 on page 25 with the following:

“under the Contraventions Act, are, subject to subsection (2), to be credited”

After debate, the question was put on the amendment of Linda Duncan and it was negatived, by a show of hands: YEAS: 1; NAYS: 9.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following seventeen (17) amendments which are therefore also negatived:

That Bill C-16, in Clause 19, be amended by replacing lines 31 to 34 on page 25 with the following:

“(2) The court imposing the fine may order that all or a portion of the fine be paid directly to a person or an organization”

That Bill C-16, in Clause 26, be amended by replacing line 14 on page 35 with the following:

“under the Contraventions Act, are, subject to subsection (2), to be credited”

That Bill C-16, in Clause 26, be amended by replacing lines 20 to 23 on page 35 with the following:

“(2) The court imposing the fine may order that all or a portion of the fine be paid directly to a person or an organization”

That Bill C-16, in Clause 38, be amended by replacing line 40 on page 53 with the following:

“under the Contraventions Act, are, subject to subsection (2), to be credited”

That Bill C-16, in Clause 38, be amended by replacing lines 4 to 7 on page 54 with the following:

“(2) The court imposing the fine may order that all or a portion of the fine be paid directly to a person or an organization”

That Bill C-16, in Clause 48, be amended by replacing line 16 on page 73 with the following:

“under the Contraventions Act, are, subject to subsection (2), to be credited”

That Bill C-16, in Clause 48, be amended by replacing lines 22 to 25 on page 73 with the following:

“(2) The court imposing the fine may order that all or a portion of the fine be paid directly to a person or an organization”

That Bill C-16, in Clause 86, be amended by replacing line 16 on page 102 with the following:

“under the Contraventions Act, are, subject to subsection (2), to be credited”

That Bill C-16, in Clause 86, be amended by replacing lines 22 to 25 on page 102 with the following:

“(2) The court imposing the fine may order that all or a portion of the fine be paid directly to a person or an organization”

That Bill C-16, in Clause 93, be amended by replacing line 1 on page 123 with the following:

“under the Contraventions Act, are, subject to subsection (2), to be credited”

That Bill C-16, in Clause 93, be amended by replacing lines 7 to 10 on page 123 with the following:

“(2) The court imposing the fine may order that all or a portion of the fine be paid directly to a person or an organization”

That Bill C-16, in Clause 102, be amended by replacing line 35 on page 145 with the following:

“under the Contraventions Act, are, subject to subsection (2), to be credited”

That Bill C-16, in Clause 102, be amended by replacing lines 1 to 4 on page 146 with the following:

“(2) The court imposing the fine may order that all or a portion of the fine be paid directly to a person or an organization”

That Bill C-16, in Clause 114, be amended by replacing line 33 on page 159 with the following:

“under the Contraventions Act, are, subject to subsection (2), to be credited”

That Bill C-16, in Clause 114, be amended by replacing line 39 on page 159 to line 1 on page 160 with the following:

“(2) The court imposing the fine may order that all or a portion of the fine be paid directly to a person or an organization ”

That Bill C-16, in Clause 122, be amended by replacing line 40 on page 173 with the following:

“under the Contraventions Act, are, subject to subsection (2), to be credited”

That Bill C-16, in Clause 122, be amended by replacing lines 6 to 9 on page 174 with the following:

“(2) The court imposing the fine may order that all or a portion of the fine be paid directly to a person or an organization”

Clause 19 carried.

Clause 20 carried.

On Clause 21,

Bernard Bigras moved, — That Bill C-16, in Clause 21, be amended by replacing, in the French version, line 16 on page 27 with the following:

“gnent peuvent entrer sur une propriété privée”

After debate, the question was put on the amendment of Bernard Bigras and it was agreed to, by a show of hands: YEAS: 7; NAYS: 2.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following seven (7) amendments which are therefore also adopted:

That Bill C-16, in Clause 30, be amended by replacing, in the French version, line 21 on page 40 with the following:

“sur une propriété privée et y circuler sans”

That Bill C-16, in Clause 44, be amended by replacing, in the French version, line 24 on page 59 with the following:

“qui les accompagnent peuvent entrer sur une”

That Bill C-16, in Clause 58, be amended by replacing, in the French version, line 32 on page 78 with the following:

“peuvent entrer sur une propriété privée et y”

That Bill C-16, in Clause 93, be amended by replacing, in the French version, line 8 on page 106 with the following:

“qui les accompagnent peuvent entrer sur une”

That Bill C-16, in Clause 97, be amended by replacing, in the French version, line 14 on page 128 with the following:

“peuvent pénétrer sur une propriété privée et”

That Bill C-16, in Clause 109, be amended by replacing, in the French version, line 1 on page 151 with the following:

“sur une propriété privée et y circuler sans”

That Bill C-16, in Clause 118, be amended by replacing, in the French version, line 3 on page 167 with the following:

“accompagnent peuvent entrer sur une propriété”

Clause 21, as amended, carried.

Clause 22 carried.

Clause 23 carried.

Clause 24 carried.

Clause 25 carried.

Clause 26 carried.

On Clause 27,

Mark Warawa moved, — That Bill C-16, in Clause 27, be amended by replacing lines 27 and 28 on page 37 with the following:

“the court considers appropriate;

(q) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in a community near the marine conservation area where the offence was committed;

(r) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in studies related to the environment; and

(s) requiring the person to comply with any”

Linda Duncan moved, — That the motion be amended by replacing, in paragraph (q) the words “in a community near” with the words “related to”.

After debate, the question was put on the subamendment of Linda Duncan and it was agreed to.

Bernard Bigras moved, — That the amendment be amended by adding, in paragraph (r), after the words “educational institution” the word “including”.

After debate, the question was put on the subamendment of Bernard Bigras and it was agreed to.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Clause 27, as amended, carried.

On Clause 28,

Mark Warawa moved, — That Bill C-16, in Clause 28, be amended by adding after line 45 on page 38 the following:

28.01 (1) A court shall not, under paragraph 27(1)(l), order a person to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person may make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

(2) A court shall not, under subsection 28(1), order a person to pay to another person an amount by way of satisfaction or compensation for loss of or damage to property if the other person may make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

Linda Duncan moved, — That the amendment be amended

(a) by replacing in subsection (1) the word “may” with the words “is entitled to”

(b) by replacing in subsection (2) the word “may” with the words “is entitled to”.

After debate, the question was put on the subamendment of Linda Duncan and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Clause 28, as amended, carried.

Clause 29 carried.

Clause 30, as amended, carried.

Clause 31 carried.

Clause 32 carried.

Clause 33 carried.

Clause 34 carried.

Clause 35 carried.

Clause 36 carried.

Clause 37 carried.

Clause 38 carried.

On Clause 39,

Mark Warawa moved, — That Bill C-16, in Clause 39, be amended by replacing lines 13 and 14 on page 56 with the following:

“(q) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in a community in or near the park;

(r) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in studies related to the environment; and

(s) requiring the person to comply with any”

Debate arose thereon.

It was agreed, — That the amendment be amended

(a) by replacing, in paragraph (q) the words “in a community in or near” with the words “related to”

(b) by adding, in paragraph (r) the word “including” after the words “educational institution”.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Clause 39, as amended, carried.

On Clause 40,

Mark Warawa moved, — That Bill C-16, in Clause 40, be amended by adding after line 31 on page 57 the following:

31.01 (1) A court shall not, under paragraph 30(1)(c), order a person to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

(2) A court shall not, under subsection 31(1), order a person to pay to another person an amount by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.”

Debate arose thereon.

It was agreed, — That the amendment be amended

(a) by replacing in subsection (1) the word “may” with the words “is entitled to”

(b) by replacing in subsection (2) the word “may” with the words “is entitled to”.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Clause 40, as amended, carried.

Clause 41 carried.

Clause 42 carried.

Clause 43 carried.

Clause 44, as amended, carried.

Clause 45 carried.

Clause 46 carried.

Clause 47 carried.

On Clause 48,

Mark Warawa moved, — That Bill C-16, in Clause 48, be amended by adding after line 26 on page 72 the following:

13.091 (1) A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

(2) The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it.

(3) No document referred to in subsection (1) may be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the document.”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 48, as amended, carried.

On Clause 49,

Mark Warawa moved, — That Bill C-16, in Clause 49, be amended by adding after line 31 on page 74 the following:

“(d.2) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in studies related to the environment;

(d.3) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in the community where the offence was committed;”

Stephen Woodworth moved, — That the amendment be amended

(a) by adding, in paragraph (d.2) after the words “educational institution” the word“including”

(b) by adding, in paragraph (d.3) after the words “their work in” the words “or for”.

After debate, the question was put on the subamendment of Stephen Woodworth and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Clause 49, as amended, carried.

Clause 50 carried.

Clause 51 carried.

Clause 52 carried.

On Clause 53,

Linda Duncan moved, — That Bill C-16, in Clause 53, be amended by replacing line 13 on page 77 with the following:

“omit to do in good faith while carrying out duties or exercising powers under this Act, including any failure to exercise a discretionary authority.”

After debate, the question was put on the amendment of Linda Duncan and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Clause 53, as amended, carried.

Clause 54 carried.

Clause 55 carried.

Clause 56 carried.

Clause 57 carried.

Clause 58, as amended, carried.

Clause 59 carried.

Clause 60 carried.

Clause 61 carried.

Clause 62 carried.

Clause 63 carried.

Clause 64 carried.

Clause 65 carried.

Clause 66 carried.

Clause 67 carried.

On Clause 68,

Linda Duncan moved, — That Bill C-16, in Clause 68, be amended by replacing lines 39 to 45 on page 82 with the following:

“247. A person is eligible to be appointed as a review officer if the person has knowledge of and experience with

(a) administrative law and procedure;

(b) environmental law;

(d) scientific or traditional ecology.”

After debate, the question was put on the amendment of Linda Duncan and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Clause 68 carried.

Clause 69 carried.

Clause 70 carried.

Clause 71 carried.

Clause 72 carried.

On Clause 73,

Mark Warawa moved, — That Bill C-16, in Clause 73, be amended by replacing, in the English version, lines 39 and 40 on page 93 with the following:

“the master or chief engineer, as the case may be, is a party to and guilty of the offence, and is liable on”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to.

Clause 73, as amended, carried.

Clause 74 carried.

Clause 75 carried.

Clause 76 carried.

Clause 77 carried.

Clause 78 carried.

Clause 79 carried.

Clause 80 carried.

Clause 81 carried.

Clause 82 carried.

Clause 83 carried.

Clause 84 carried.

On Clause 85,

Mark Warawa moved, — That Bill C-16, in Clause 85, be amended by replacing lines 39 to 42 on page 100 with the following:

(4.1) Paragraph 291(1)(p) of the English version of the Act is replaced by the following:

(p) directing the offender to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in studies related to the environment;

(5) Subsection 291(1)(q) of the Act is replaced by the following:

After debate, by unanimous consent, the amendment was allowed to stand.

By unanimous consent, the Committee resumed clause-by-clause consideration on Clause 17 of the Bill.

By unanimous consent, the Committee resumed consideration of the amendment of Mark Warawa, — That Bill C-16, in Clause 17, be amended by replacing lines 32 to 35 on page 23 with the following:

“(5.1) Paragraph 66(1)(m) of the English version of the Act is replaced by the following:

(m) directing the offender to pay, in the manner prescribed by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment;

(6) Subsection 66(1)(n) of the Act is replaced by the following:”

It was agreed, — That the amendment be amended by adding the word “including” after the words “educational institution”

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Clause 17, as amended, carried.

By unanimous consent, the Committee resumed clause-by-clause consideration on Clause 85 of the Bill.

The Committee resumed consideration of the amendment of Mark Warawa, — That Bill C-16, in Clause 85, be amended by replacing lines 39 to 42 on page 100 with the following:

(4.1) Paragraph 291(1)(p) of the English version of the Act is replaced by the following:

(p) directing the offender to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in studies related to the environment;

(5) Subsection 291(1)(q) of the Act is replaced by the following:

The debate continued.

It was agreed, — That the amendment be amended by adding the word “including” after the words “educational institution”.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Clause 85, as amended, carried.

On Clause 85.1,

Mark Warawa moved, — That Bill C-16 be amended by adding after line 9 on page 102 the following new clause:

“85.1 The Act is amended by adding the following after section 292:

292.1 (1) A court shall not, under paragraph 291(1)(k), order an offender to compensate a person for the cost of any remedial or preventive action referred to in that paragraph if the person may make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

(2) A court shall not, under subsection 292(1), order an offender to pay to a person an amount by way of satisfaction or compensation for loss of or damage to property if the person may make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.”

Debate arose thereon.

It was agreed, — That the amendment be amended by replacing, in paragraph 292.1 (1) and in paragraph 292.1 (2) the word “may” with the words “is entitled to”.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

New Clause 85.1, as amended, carried by a show of hands: YEAS: 10; NAYS: 0.

Clause 86 carried.

Clause 87 carried.

Clause 88 carried.

Clause 89 carried.

Clause 90 carried.

Clause 91 carried.

Clause 92 carried.

On Clause 93,

Mark Warawa moved, — That Bill C-16, in Clause 93, be amended by adding before line 1 on page 110 the following:

16.1 (1) A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

(2) The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it.

After debate, the question was put on the amendment of Mark Warawa and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Mark Warawa moved, — That Bill C-16, in Clause 93, be amended by replacing line 30 on page 116 with the following:

3(f); or

After debate, the question was put on the amendment of Mark Warawa and it was agreed to.

Mark Warawa moved, — That Bill C-16, in Clause 93, be amended by replacing lines 4 and 5 on page 125 with the following:

“priate;

(o) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in a community near the place where the offence was committed;

(p) directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted into the protection, conservation or restoration of international rivers;

(q) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in studies related to the environment; and

(r) requiring the person to comply with any”

Debate arose thereon.

It was agreed, — That the amendment be amended

(a) by adding after the words “their work in” in paragraph (o) the words “in for”

(b) by adding after the words “educational institution” in paragraph (q) the words “in for”.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Clause 93, as amended, carried.

Clause 94 carried.

Clause 95 carried.

Clause 96 carried.

Clause 97, as amended, carried.

Clause 98 carried.

Clause 99 carried.

Clause 100 carried.

Clause 101 carried.

Mark Warawa moved, — That Bill C-16, in Clause 102, be amended by replacing line 30 on page 144 with the following:

“corporation’s policies or activities in respect of conduct that is the subject matter of the offenceis a party to”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Mark Warawa moved, — That Bill C-16, in Clause 102, be amended by replacing, in the English version, line 2 on page 145 with the following:

“engineer of a vessel for an offence under this Act, other than an offence of contra-”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Mark Warawa moved, — That Bill C-16, in Clause 102, be amended by replacing line 18 on page 145 with the following:

“5.2(a), (c) or (d), knowingly contravening paragraph 5.2(b) or contravening section 5.3, shall not be”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Clause 102, as amended, carried.

On Clause 103,

Mark Warawa moved, — That Bill C-16, in Clause 103, be amended by adding after line 24 on page 146 the following:

“(b.5) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in a community near the place where the offence was committed;”

Debate arose thereon.

It was agreed, — That the amendment be amended by adding after the words “their work in” the words “or for”.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Mark Warawa moved, — That Bill C-16, in Clause 103, be amended by adding after line 46 on page 146 the following:

“(1.1) Paragraph 16(1)(d.2) of the English version of the Act is replaced by the following:

(d.2) directing the offender to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in studies related to the environment;”

Debate arose thereon.

It was agreed, — That the amendment be amended by adding the word “ including ” after the words “ educational institution ”.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Clause 103, as amended, carried.

On Clause 104,

Mark Warawa moved, — That Bill C-16, in Clause 104, be amended by replacing lines 34 to 40 on page 148 with the following:

(3) A court shall not, under paragraph 16(1)(d), order an offender to compensate a person for the cost of any remedial or preventive action referred to in that paragraph if the person may make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

(4) A court shall not, under subsection 16(2), order an offender to pay to a person compensation for loss of or damage to property if the person may make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.”

Debate arose thereon.

It was agreed, — That the amendment be amended

(a) by replacing the word “may” with the words “ is entitled to ” in subsection (3)

(b) by replacing the word “may” with the words “ is entitled to ” in subsection (4).

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Clause 104, as amended, carried.

Clause 105 carried.

Clause 106 carried.

Clause 107 carried.

Clause 108 carried.

Clause 109, as amended, carried.

Clause 110 carried.

Clause 111 carried.

Clause 112 carried.

Clause 113 carried.

On Clause 114,

Mark Warawa moved, — That Bill C-16, in Clause 114, be amended by replacing lines 4 and 5 on page 162 with the following:

“the court considers appropriate;

(q) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in a community near the park;

(r) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in studies related to the environment; and

(s) requiring the person to comply with any”

Debate arose thereon.

It was agreed, — That the motion be amended by replacing, in paragraph (q) the words “in a community near” with the words “related to”.

It was agreed, — That the amendment be amended by adding, in paragraph (r), after the words “educational institution” the word “including”.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

Mark Warawa moved, — That Bill C-16, in Clause 114, be amended by adding after line 9 on page 164 the following:

21.7 (1) A court shall not, under paragraph 21.3(1)(l), order a person to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person may make a claim for compensation for that cost under the Marine Liability Act.

(2) A court shall not, under subsection 21.6(1), order a person to pay to another person an amount by way of satisfaction or compensation for loss of or damage to property if the other person may make a claim for compensation for that loss or damage under the Marine Liability Act.”

Debate arose thereon.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to, by a show of hands: YEAS: 10; NAYS: 0.

It was agreed, — That the amendment be amended by replacing, in subsection 21.7 (1) and in subsection 21.7 (2) the word “may” with the words “is entitled to”.

Clause 114, as amended, carried.

Clause 115 carried.

Clause 116 carried.

On new Clause 116.1,

Mark Warawa moved, — That Bill C-16 be amended by adding after line 26 on page 166 the following new clause:

“116.1 The Act is amended by adding the following after section 12:

12.1 (1) A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

(2) The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it.

After debate, New Clause 116.1 carried.

Clause 117 carried.

Clause 118, as amended, carried.

Clause 119 carried.

Clause 120 carried.

Clause 121 carried.

On Clause 122,

Mark Warawa moved, — That Bill C-16, in Clause 122, be amended by adding after line 12 on page 175 the following:

“(f.1) directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted into the protection or conservation of animals or plants;

(f.2) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in studies related to the environment;

(f.3) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in a community near the place where the offence was committed; and”

Debate arose thereon.

It was agreed, — That the amendment be amended by adding, in paragraph (f.2), after the words “educational institution” the word “including”.

It was agreed, — That the motion be amended by replacing, in paragraph (f.3) the words “in a community near the place where the offence was commited; and” with the words “in relation to the protection of the species of animal or plant that was the subject of the offence;”.

The question was put on the amendment of Mark Warawa, as amended, and it was agreed to.

Clause 122, as amended, carried.

Clause 123 carried.

Clause 124 carried.

Clause 125 carried.

Clause 126 carried.

Clause 127 carried.

Clause 128 carried.

The Short Title carried.

The Title carried.

ORDERED, — That the Chair report the Bill C-16, as amended, to the House.

ORDERED, — That Bill C-16, as amended, be reprinted for the use of the House at report stage.

At 12:13 p.m., the Committee adjourned to the call of the Chair.

Normand Radford
Clerk of the Committee

2009/05/13 3:47 p.m.