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MINUTES OF PROCEEDINGS

Meeting No. 69

Monday, June 4, 2012

The Standing Committee on Finance met in camera at 3:30 p.m. this day, in Room 253-D, Centre Block, the Chair, James Rajotte, presiding.

Members of the Committee present: Mark Adler, Hon. Scott Brison, Guy Caron, Shelly Glover, Randy Hoback, Brian Jean, Hoang Mai, Wayne Marston, Cathy McLeod, Peggy Nash, James Rajotte and Dave Van Kesteren.

Acting Members present: Robert Chisholm for Wayne Marston, Kirsty Duncan for Hon. Scott Brison, Richard M. Harris for Dave Van Kesteren and Megan Anissa Leslie for Wayne Marston.

In attendance: Library of Parliament: Mark Mahabir, Analyst ; Brett Stuckey, Analyst . House of Commons: Suzie Cadieux, Procedural Clerk ; Mike MacPherson, Legislative Clerk ; Chloé O'Shaughnessy, Procedural Clerk.

Pursuant to Standing Order 108(2) and the motion adopted by the Committee on Tuesday, May 15, 2012, the Committee commenced its study of the consideration of the report from the Subcommittee on Bill C-38.

It was agreed, — That the report be adopted.

It was agreed, — That, pursuant to Standing Order 109, the Committee request that the Government table a comprehensive response to the report.

It was agreed, — That the Chair present the report to the House.

At 4:35 p.m., the sitting was suspended.

At 4:40 p.m., the sitting resumed in a public and televised session.

Pursuant to the Order of Reference of Monday, May 14, 2012, the Committee resumed consideration of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

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

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

Clause 2 carried.

Clause 3 carried.

After debate, Clause 4 carried on division.

Clause 5 carried.

Clause 6 carried.

After debate, Clause 7 carried on division.

Clause 8 carried.

After debate, Clause 9 carried on division.

Clause 10 carried.

Clause 11 carried on division.

Clause 12 carried.

After debate, Clause 13 carried on division.

Clause 14 carried.

Clause 15 carried.

On Clause 16,

Peggy Nash moved, — That Bill C-38, in Clause 16, be amended by replacing line 5 on page 14 with the following:

“on January 1, 2013, a net salary of $137,000.”

After debate, the question was put on the amendment of Peggy Nash and it was negatived.

Clause 16 carried on division.

Clause 17 carried on division.

Clause 18 carried.

By unanimous consent, Clauses 19 to 24 inclusive carried severally.

After debate, Clause 25 carried on division.

Clause 26 carried on division.

Clause 27 carried.

By unanimous consent, Clauses 28 to 51 inclusive carried severally.

On Clause 52,

It was agreed — That the Committee have a general debate on the Clause.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by adding after line 8 on page 31 the following:

“Whereas Canada recognizes the need for strong environmental laws to protect the air, water and land that current and future generations rely on to ensure our country's continued prosperity;

Whereas the key purpose of environmental assessment is to carefully consider the long-term environmental consequences of development proposals before deciding how to proceed;

Whereas other federal legislation is often not invoked until damage to the environment has occurred;

Whereas the current liability borne by taxpayers for contaminated sites in Canada has demonstrated that lack of proper environmental assessment and stringent regulation results in immense financial burdens that could have been avoided;

And whereas public participation in decision- making is a keystone for the sustainable and responsible development of Canada’s natural resources;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing lines 17 and 18 on page 31 with the following:

“environmental assessment of a designated project that is conducted by a review panel and that includes a consideration of the following factors:

(a) the purpose of the project;

(b) alternative means of carrying out the project that are technically and economically feasible and the environmental effects of any such alternative means;

(d) the capacity of renewable resources that are likely to be significantly affected by the project to meet the needs of the present and those of the future;

(e) the environmental effects of the project, including the environmental effects of malfunctions or accidents that may occur in connection with the project and any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be carried out;

(f) the significance of the effects referred to in paragraph (e);

(g) comments from the public that are received in accordance with this Act and the regulations;

(h) measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the project; and

(i) any other matter relevant to the assessment by a review panel, such as the need for the project and alternatives to the project, that the responsible authority may require to be considered.”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing line 30 on page 31 with the following:

“or”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended

(a) by replacing, in the English version, lines 18 and 19 on page 33 with the following:

“(i) the internal waters of Canada,”

(b) by replacing, in the English version, lines 20 and 21 on page 33 with the following:

“(ii) the territorial sea of Canada,”

“Canada, ainsi que la zone économique”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing line 28 on page 33 with the following:

“Act, any other lands in respect of which aboriginal title has been asserted and all waters on and airspace above”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing lines 37 and 38 on page 33 with the following:

“project, means any person or body having an interest in the outcome of the environmental assessment of that project for a purpose that is neither frivolous nor vexatious.”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by deleting lines 24 to 37 on page 35.

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing lines 1 to 3 on page 36 with the following:

“(a) to protect the environment from significant adverse envi-”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing lines 22 and 23 on page 36 with the following:

“for timely and meaningful public participation throughout an environmental assessment process;”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing lines 27 to 30 on page 36 with the following:

“section 66, are con-”

The question was put on the amendment of Peggy Nash and it was negatived.

Scott Brison moved, — That Bill C-38, in Clause 52, be amended by adding after line 6 on page 37 the following:

“(3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982.”

The question was put on the amendment of Scott Brison and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing lines 8 to 42 on page 37 with the following:

“environmental effects — within or outside Canada — that are to be taken into account in relation to an act or thing, a physical activity, a designated project or a project are

(a) any change that the project or activity may cause in the environment, including any change it may cause to a listed wildlife species, its critical habitat or the residences of individuals of that species, as those terms are defined in subsection 2(1) of the Species at Risk Act;

(b) any effect of any change referred to in paragraph (a) on

(i) health and socio-economic conditions,

(ii) physical and cultural heritage,

(iii) the current use of lands and resources for traditional purposes by aboriginal persons, or

(iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance; or

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing line 3 on page 39 with the following:

“sessment of the designated project is required, posts that decision on the Internet site and provides notice to the affected First Nations, Inuit and Metis communities; or”

The question was put on the amendment of Peggy Nash and it was negatived.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following twenty (20) amendments which are therefore also negatived:

That Bill C-38, in Clause 52, be amended by replacing lines 18 and 19 on page 39 with the following:

“sessment of the designated project is required, posts that decision on the Internet site and provides notice to the affected First Nations, Inuit and Metis communities; or”

That Bill C-38, in Clause 52, be amended by replacing line 4 on page 40 with the following:

“following on the Internet site and provide notice to the affected First Nations, Inuit and Metis communities:”

That Bill C-38, in Clause 52, be amended by replacing line 15 on page 40 with the following:

“notice on the Internet site and the provision of notice to the affected First Nations, Inuit and Metis communities, the Agency must”

That Bill C-38, in Clause 52, be amended by replacing line 40 on page 40 with the following:

“Internet site and provide notice to the affected First Nations, Inuit and Metis communities.”

That Bill C-38, in Clause 52, be amended by replacing line 2 on page 42 with the following:

“and provide to the affected First Nations, Inuit and Metis communities a notice of any order made under subsection (2).”

That Bill C-38, in Clause 52, be amended by replacing line 8 on page 43 with the following:

“Internet site and that notice is provided to the affected First Nations, Inuit and Metis communities.”

That Bill C-38, in Clause 52, be amended by replacing line 10 on page 46 with the following:

“that the following are posted on the Internet site and that notice was provided to the affected First Nations, Inuit and Metis communities:”

That Bill C-38, in Clause 52, be amended by replacing line 5 on page 47 with the following:

“posted on the Internet site and notice is provided to the affected First Nations, Inuit and Metis communities.”

That Bill C-38, in Clause 52, be amended by replacing line 19 on page 47 with the following:

“subsection (3) or (4) and provide notice to the affected First Nations, Inuit and Metis communities.”

That Bill C-38, in Clause 52, be amended by replacing line 43 on page 50 with the following:

“Internet site and that notice is provided to the affected First Nations, Inuit and Metis communities.”

That Bill C-38, in Clause 52, be amended by replacing line 36 on page 51 with the following:

“approval on the Internet site and provide notice to the affected First Nations, Inuit and Metis communities.”

That Bill C-38, in Clause 52, be amended by replacing line 25 on page 53 with the following:

“site and provide notice to the affected First Nations, Inuit and Metis communities.”

That Bill C-38, in Clause 52, be amended by replacing line 29 on page 53 with the following:

“project is posted on the Internet site and after notice is provided to the affected First Nations, Inuit and Metis communities, the”

That Bill C-38, in Clause 52, be amended by replacing line 25 on page 54 with the following:

“(5) The Agency must post on the Internet site and provide to the affected First Nations, Inuit and Metis communities”

That Bill C-38, in Clause 52, be amended by replacing line 32 on page 55 with the following:

“Internet site and notice must be provided to the affected First Nations, Inuit and Metis communities before the commencement of the”

That Bill C-38, in Clause 52, be amended by replacing line 26 on page 56 with the following:

“the Internet site and notice must be provided to the affected First Nations, Inuit and Metis communities before the commencement of ”

That Bill C-38, in Clause 52, be amended by replacing line 9 on page 64 with the following:

“the Internet site and provide notice to the affected First Nations, Inuit and Metis communities.”

That Bill C-38, in Clause 52, be amended by replacing lines 31 to 34 on page 64 with the following:

“section 54 is posted on the Internet site and that notice is provided to the affected First Nations, Inuit and Metis communities, and the Agency must post on the Internet site any decision statement that the Minister issues under that section and provide notice to the affected First Nations, Inuit and Metis communities.”

That Bill C-38, in Clause 52, be amended by replacing line 25 on page 66 with the following:

“project is posted on the Internet site and when notice is provided to the affected First Nations, Inuit and Metis communities under”

That Bill C-38, in Clause 52, be amended by replacing line 35 on page 93 with the following:

“site and must provide notice to the affected First Nations, Inuit and Metis communities.”

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing line 11 on page 40 with the following:

“the designated project within 60 days after the”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by replacing line 32 on page 44 with the following:

“designated project must take into account”

The question was put on the amendment of Peggy Nash and it was negatived.

Peggy Nash moved, — That Bill C-38, in Clause 52, be amended by deleting lines 28 to 45 on page 68.

The question was put on the amendment of Peggy Nash and it was negatived.

Clause 52 carried on division.

By unanimous consent, Clauses 53 to 132 inclusive carried on division severally.

On Clause 133,

Megan Anissa Leslie moved, — That Bill C-38, in Clause 133, be amended by replacing line 5 on page 151 with the following:

“to fish is the death of or adverse health effects on fish, including reproductive or developmental effects, or any adverse”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived.

Clause 133 carried on division.

Clause 134 carried on division.

On Clause 135,

Scott Brison moved, — That Bill C-38, in Clause 135, be amended by adding after line 22 on page 154 the following:

“6.2 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982.”

After debate, the question was put on the amendment of Scott Brison and it was negatived.

Clause 135 carried on division.

By unanimous consent, Clauses 136 to 141 inclusive carried on division severally.

On Clause 142,

Peggy Nash moved, — That Bill C-38, in Clause 142, be amended by deleting line 31 on page 158 to line 8 on page 159.

The question was put on the amendment of Peggy Nash and it was negatived on the following recorded division: YEAS: Scott Brison, Guy Caron, Megan Anissa Leslie, Hoang Mai, Peggy Nash — 5; NAYS: Mark Adler, Shelly Glover, Randy Hoback, Brian Jean, Cathy McLeod, Dave Van Kesteren — 6.

Clause 142 carried on division.

By unanimous consent, Clauses 143 to 162 inclusive carried on division severally.

On Clause 163,

Peggy Nash moved, — That Bill C-38, in Clause 163, be amended by deleting line 31 on page 181 to line 8 on page 182.

After debate, the question was put on the amendment of Peggy Nash and it was negatived on the following recorded division: YEAS: Scott Brison, Hoang Mai, Wayne Marston, Peggy Nash — 4; NAYS: Mark Adler, Shelly Glover, Randy Hoback, Brian Jean, Cathy McLeod, Dave Van Kesteren — 6.

Clause 163 carried on division.

By unanimous consent, Clauses 164 to 169 inclusive carried on division severally.

At 6:29 p.m., the Committee adjourned to the call of the Chair.

Guyanne L. Desforges
Clerk of the Committee

2012/06/11 2:59 p.m.