ENVI Committee Meeting

The Standing Committee on Environment and Sustainable Development met at 3:39 p.m. this day, in Room 306, The Valour Building, the Chair, Harold Albrecht, presiding.

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

Pursuant to Standing Order 75(1), consideration of the Preamble and Clause 1, Short Title, were postponed.

The Chair called Clause 2.

On Clause 2,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 2, be amended by adding after line 21 on page 2 the following:

““ecological integrity” has the same meaning as in subsection 2(1) of the Canada National Parks Act.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 2 carried by a show of hands: YEAS: 5; NAYS: 4.

Clause 3 carried.

On Clause 4,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 4, be amended by replacing line 23 on page 3 with the following:

“purposes of protecting, enhancing, restoring and presenting, for”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

“(2) Rouge National Urban Park is dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and the Park shall be maintained and made use of so as to leave it unimpaired for the enjoyment of future generations.”

After debate, the question was put on the amendment of Rathika Sitsabaiesan and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 4 carried by a show of hands: YEAS: 5; NAYS: 4.

Clause 5 carried.

On Clause 6,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 6, be amended by replacing lines 35 to 39 on page 3 with the following:

“6. The Minister must, in considering all aspects of the management of the Park, make his or her first priority the protection, enhancement and restoration of its ecological integrity, watershed health and cultural heritage through the protection of natural resources and natural processes.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

“the Park, make its ecological health and, where possible, ecological integrity the top priorities while taking into consideration the protection”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived on the following recorded division: YEAS: François Choquette, Megan Anissa Leslie, John McKay, Rathika Sitsabaiesan — 4; NAYS: Paul Calandra, Jim Hillyer, Devinder Shory, Robert Sopuck, Stephen Woodworth — 5.

“the Park, prioritize improvement of the health of the Park’s ecosystem.

(2) For greater certainty, the Minister must recognize and take into consideration the on-going presence of agriculture in the Park.”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived on the following recorded division: YEAS: François Choquette, Megan Anissa Leslie, John McKay, Rathika Sitsabaiesan — 4; NAYS: Paul Calandra, Jim Hillyer, Devinder Shory, Robert Sopuck, Stephen Woodworth — 5.

Clause 6 carried on division.

Clause 7 carried.

On Clause 8,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 8, be amended by replacing line 17 on page 4 with the following:

“8. The Minister must establish a committee to”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 8, be amended by adding after line 22 on page 4 the following:

“(2) The Minister must establish a scientific advisory committee to advise the Minister on the management of the Park. The committee must include landscape ecology scientists of the Government of Ontario and the Government of Canada, as well as representatives of regional and other organizations with local ecological expertise as the Minister considers appropriate.”

RULING BY THE CHAIR

Bill C-40 seeks to establish the Rouge National Urban Park. The amendment proposes the establishment of a scientific committee to advise the Minister on the management of the Park.

As House of Commons Procedure and Practice, Second Edition, states on pages 767-768:

“Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the Chair, the amendment proposes a new entity, which would impose a new charge on the public treasury. Therefore I rule the amendment inadmissible.

“(2) The Minister must establish a scientific advisory committee to advise the Minister on the management of the Park. The committee must include landscape ecology scientists from the Government of Canada, the Government of Ontario, Canadian universities and non-profit organizations with local ecological expertise.”

RULING BY THE CHAIR

Bill C-40 seeks to establish the Rouge National Urban Park. The amendment proposes the establishment of a scientific committee to advise the Minister on the management of the Park.

As House of Commons Procedure and Practice, Second Edition, states on pages 767-768:

“Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the Chair, the amendment proposes a new entity, which would impose a new charge on the public treasury. Therefore I rule the amendment inadmissible.

Clause 8 carried on division.

On Clause 9,

“science-based management plan that sets out a long-term vision for the Park and provides for monitoring and performance evaluation criteria and management objectives for ecological health — and, where possible, ecological integrity — and for watershed health and cultural heritage.”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 9, be amended by replacing lines 26 and 27 on page 4 with the following:

“ecological vision for the Park that includes ecological integrity, watershed health and cultural heritage objectives and indicators and provides for resource protection and restoration, zoning, visitor use, public awareness and performance evaluation.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 9, be amended by replacing lines 33 and 34 on page 4 with the following:

“(a) the protection, enhancement and restoration of ecological integrity and watershed health, including the protection, enhancement and restoration of the Little Rouge River main ecological corridor between Lake Ontario and the Oak Ridges Moraine;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

“(a) the protection, restoration and enhancement of ecological health, ecological integrity and watershed health, including the protection, enhancement and restoration of the Little Rouge River main ecological corridor between Lake Ontario and the Oak Ridges Moraine, while recognizing that agricultural activity on an ecologically sound and sustainable basis is to continue in the Park;”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived on the following recorded division: YEAS: François Choquette, Megan Anissa Leslie, John McKay, Rathika Sitsabaiesan — 4; NAYS: Paul Calandra, Jim Hillyer, Devinder Shory, Robert Sopuck, Stephen Woodworth — 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 9, be amended by replacing lines 35 and 36 on page 4 with the following:

“(b) the protection and presentation of cultural heritage, including aboriginal and agricultural heritage, and the encouragement of innovative ecologically sound farm-"

After debate, the question was put on the amendment and it was negatived on the following recorded division: YEAS: François Choquette, Megan Anissa Leslie, John McKay, Rathika Sitsabaiesan — 4; NAYS: Paul Calandra, Jim Hillyer, Devinder Shory, Robert Sopuck, Stephen Woodworth — 5.

“(b) the presentation of Aboriginal and agricultural heritage, and the encouragement of ecologically sound and sustainable farm-"

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 9, be amended by replacing lines 38 and 39 on page 4 with the following:

“(c) environmental guidelines for infrastructure within and adjacent to the Park, to encourage a net gain in ecological integrity and watershed health and an increase in the area of the Park over time.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

“(c) environmental guidelines for infrastructure within and adjacent to the Park, to encourage a net gain in ecological health — and, where possible, ecological integrity and watershed health — and a net gain in the size of the Park over time.”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived on the following recorded division: YEAS: François Choquette, Megan Anissa Leslie, John McKay, Rathika Sitsabaiesan — 4; NAYS: Paul Calandra, Jim Hillyer, Devinder Shory, Robert Sopuck, Stephen Woodworth — 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 9, be amended by replacing line 41 on page 4 with the following:

“ment plan at least every five years and must cause a report on the progress that has been made towards achieving the management plan objectives set out in subsections (1) and (2) as well as”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

“ment plan at least every five years and must cause a report on the progress that has been made towards achieving the management plan objectives set out in subsections (1) and (2) as well as”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

“(4) The Minister must, in relation to the public lands in the Park, ensure

(a) that land surface monitoring of such lands take place on a regular basis; and

(b) that all land cover data acquired as a result of the land surface monitoring be posted on the website of the Canada Parks Agency and updated at least once in every calendar year.”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 9 carried on division.

On Clause 10,

“for public participation at the national, regional and local levels, including participation by Aboriginal organizations and bodies established under land claims agreements, in the development of the”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived on the following recorded division: YEAS: François Choquette, Megan Anissa Leslie, John McKay, Rathika Sitsabaiesan — 4; NAYS: Paul Calandra, Jim Hillyer, Devinder Shory, Robert Sopuck, Stephen Woodworth — 5.

“(2) In recognition of the profound interrelationship that exists between Aboriginal people and the lands and waters of the Park, the Minister must establish an Aboriginal education and interpretive centre in the Park to enable Aboriginal people, as keepers of traditional ecological knowledge, to share that knowledge with visitors to the Park.”

RULING BY THE CHAIR

Bill C-40 seeks to establish the Rouge National Urban Park. The amendment proposes to establish an Aboriginal education and interpretative centre in the Park to promote the Aboriginal history and heritage of the Park.

As House of Commons Procedure and Practice, Second Edition, states on pages 767-768:

“Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the Chair, the amendment proposes potentially new costs related to the construction, maintenance and staffing of an interpretative centre. This would impose a new charge on the public treasury. Therefore I rule the amendment inadmissible.

Clause 10 carried by a show of hands: YEAS: 5; NAYS: 4.

On Clause 11,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 11, be amended by adding after line 10 on page 5 the following:

“(2) In applying sections 5 through 12, the Minister must comply with Article 2.09(a) of the Memorandum of Agreement Respecting the Establishment of the Proposed Rouge National Urban Park, signed January 26th, 2013, to ensure that Parks Canada will work with the Government of Ontario to develop policies in respect of the creation, management and administration of the Park that meet or exceed provincial policies regarding the Transferred Lands, including the policies set out in the Greenbelt Plan 2005, the Oak Ridges Moraine Conservation Plan, the Growth Plan for the Greater Golden Horseshoe 2006 and the Big Move.”

RULING BY THE CHAIR

Bill C-40 seeks to establish the Rouge National Urban Park. The amendment attempts to add concepts in the Bill that are found in the Memorandum of Agreement Respecting the Establishment of the Proposed Rouge National Urban Park, but are not included in the Bill.

As House of Commons Procedure and Practice, Second Edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, this amendment is a new concept that is beyond the scope of the Bill. Therefore I rule the amendment inadmissible.

Clause 11 carried by a show of hands: YEAS: 5; NAYS: 0.

On Clause 12,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 12, be amended by replacing line 11 on page 5 with the following:

“12. Following appropriate consultation with the committees referred to in section 8, the superintendent may issue, amend,”

RULING BY THE CHAIR

Bill C-40 seeks to establish the Rouge National Urban Park. The amendment proposes the establishment of a scientific committee to advise the Minister on the management of the Park.

As House of Commons Procedure and Practice, Second Edition, states on pages 767-768:

“Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the Chair, the amendment proposes a new entity, which would impose a new charge on the public treasury. Therefore I rule the amendment inadmissible.

“12. Following consultation with the committee established under section 8, the superintendent may issue, amend,”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived on the following recorded division: YEAS: François Choquette, Megan Anissa Leslie, John McKay, Rathika Sitsabaiesan — 4; NAYS: Paul Calandra, Jim Hillyer, Devinder Shory, Robert Sopuck, Stephen Woodworth — 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 12, be amended by adding after line 16 on page 5 the following:

“(2) Before taking any action under subsection (1), the superintendent must be satisfied that

(a) all relevant environmental impacts have been carefully assessed;

(b) there has been adequate consultation with the Parks Canada Agency, Aboriginal organizations, stakeholders and the general public; and

(c) all reasonable measures will be undertaken to avoid or mitigate harmful environmental impacts so as to achieve a net gain in ecological integrity and watershed health and an increase in the area of the Park over time.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

“(2) Before issuing a permit or authorization under subsection (1), the superintendent must ensure that

(a) all relevant environmental impacts have been carefully assessed;

(b) there has been adequate consultation with the Parks Canada Agency, Aboriginal organizations, stakeholders and the general public; and

(c) all reasonable measures will be undertaken to avoid or mitigate harmful environmental impacts so as to achieve a net gain in ecological and watershed health.”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 12 carried on division.

By unanimous consent, Clauses 13 to 17 inclusive carried severally.

On Clause 18,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 18, be amended by adding after line 36 on page 8 the following:

“(h.1) establish a new golf course in the Park;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 18 carried on division.

On Clause 19,

“(2) The Minister must develop and implement programs to support land stewardship by farmers operating farms within the Park in order to encourage local food production and to promote ecologically sound and sustainable agricultural practices that restore and enhance ecosystem services provided by the Park.”

After debate, the question was put on the amendment of Megan Anissa Leslie and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 19 carried.

On Clause 20,

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 20, be amended by replacing line 26 on page 9 with the following:

“(a) the protection, enhancement, restoration, control and manage-”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 20, be amended by replacing lines 28 and 29 on page 9 with the following:

“(b) the protection, enhancement and restoration of flora, fauna, soil, surface and ground waters, fossils, air quality and natural and hydrological features, functions and systems;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 20, be amended by adding after line 13 on page 10 the following:

“(g.1) the actions needed to monitor and control the storage, release, use and movement of nutrients, bacteria and chemicals that may harm the Park’s ecological integrity or watershed health;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Pursuant to the order adopted by the Committee on Thursday, November 21, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-40, in Clause 20, be amended by adding after line 30 on page 11 the following:

“(w.1) the monitoring and management of the effects of climate change on the Park, including measures to adapt to and mitigate these effects;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 20 carried.

By unanimous consent, Clauses 21 to 62 inclusive carried severally.

The Schedule carried.

Clause 1, Short Title, carried.

The Preamble carried.

The Title carried.

The Bill carried.

ORDERED, — That the Chair report the Bill to the House.

On motion of Robert Sopuck, it was agreed, — That, when and if an order of reference is made respecting Bill S-5, An Act to amend the Canada National Parks Act (Nááts’ihch’oh National Park Reserve of Canada),which refers the Bill to the Standing Committee on Environment and Sustainable Development, the Committee shall begin a study of the Bill for two meetings, commencing on November 17th, 2014, with an appearance by the Honourable Leona Aglukkaq, Minister of the Environment, and departmental officials for the first hour, and with the potential for witness participation in the second hour, and that the committee commence clause by clause consideration of the Bill on November 19th, 2014.

Michael Martin made a statement and answered questions.

At 5:21 p.m., the sitting was suspended.

At 5:22 p.m., the sitting resumed in camera.

It was agreed, — That a proposed budget in the amount of $11,200, for the study of Bill C-40, An Act respecting the Rouge National Urban Park, be adopted.

At 5:23 p.m., the Committee adjourned to the call of the Chair.