CHER Committee Meeting

MINUTES OF PROCEEDING
(Meeting No. 34)

TUESDAY, MAY 12, 1998

The Standing Committee on Canadian Heritage met at 11:15 o’clock a.m., this day, in Room 209, West Block, the Chair, Clifford Lincoln, presiding.

Members of the Committee present: Clifford Lincoln, Mauril Bélanger, Sarmite Bulte, John Godfrey, Joe Jordan, Dennis Mills, Jim Pankiw, Caroline St-Hilaire and Mark Muise.

In attendance: From the Parliamentary Research Branch of the Library of Parliament: Susan Alter, Research Officer. From the Committees and Legislative Services Directorate: Richard Dupuis, Legislative Clerk.

Witnesses: From the Department of Canadian Heritage: Tom Lee, Assistant Deputy Minister, Parks Canada; Wendy Bergeron, Director, Human Resources Management Strategies, Parks Canada; Michael Fay, Director, Strategic Business Services, Strategy and Plans Directorate, Parks Canada; and Laurent Tremblay, Executive Director, Quebec Region, Parks Canada. From the Department of Justice: Henry Schultz, Legal Counsel, Constitutional and Administrative Law Section.

Pursuant to its Order of Reference of the House dated Thursday, March 19, 1998. The Committee resumed consideration of Bill C-29, An Act to establish the Canadian Parks Agency and to amend other Acts as a consequence. (See Minutes of Proceedings and Evidence dated Wednesday, April 1, 1998 -- meetings #26, 28, 29, 31 and 32)

The Preamble and Clause 1 were postponed pursuant to Standing Order 75(1).

New Clause 1.1

Mark Muise moved,--That Bill C-29 be amended by adding after line 2, on page 3 the following:

PURPOSE

" 1.1 The purspose of this Act is

(a) to establish an Agency

(i) for the purpose of ensuring that Canada's national parks, national historic sites and related heritage areas are protected and preserved for this and future generations and in order to further the achievement of the national interest as it relates to those parks, sites and heritage areas and related programs;

(ii) that, through the exercise of its responsibilities in relation to those parks, sites and heritage areas and related programs, will reflect Canada's values and identity and contribute to enhancing pride in Canada; and

(iii) to provide quality services to visitors and the Canadian public through alternative human resource and administrative regimes and financial authorities;

(b) to protect significant examples of Canada's natural environment and cultural heritage in national parks, national historic sites, marine conservation areas and related heritage areas in view of their special role in the lives of Canadians and the fabric of the nation and their importance to global biodiversity;

(c) to present that heritage through interpretive and educational programs for public understanding, appreciation and enjoyment, both for international visitors and the Canadian public, thereby enhancing pride and giving expression to our identity as Canadians,

(d) to carry out Canada's global obligations to protect, conserve and enhance the natural environment and to contribute towards the protection and enhancement of the world heritage,

(e) to include representative examples of Canada's land and marine natural regions in the systems of national parks and marine conservation areas,

(f) to commemorate places, people and events of national historic significance, including those before European settlement,

(g) to ensure the commemorative integrity of national historic sites,

(h) to maintain or restore the ecological integrity of national parks,

(i) to ensure the ecologically sustainable use of marine conservation areas,

(j) to protect heritage railway stations and the heritage character of federal heritage buildings,

(k) to provide leadership and support to the Canadian Heritage Rivers System,

(l) to provide Canadians with an opportunity to enjoy Canada's special places, and

(m) to maintain ecological and commemorative integrity as a prerequisite to the use of national parks and national historic sites.

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

Angela Vautour moved,--That Bill C-29 be amended by adding after line 2, on page 2, the following:

PURPOSE

" 1.1 (1) The purpose of this Act is

(a) to protect significant examples of Canada's natural environment and cultural heritage in national parks, national historic sites, marine conservation areas and related heritage areas in view of their special role in the lives of Canadians, the fabric of the nation and their importance to global biodiversity,

(b) to present Canada's natural and cultural heritage in national parks, national historic sites, marine conservation areas and related heritage areas through interpretive and educational programs for public understanding, appreciation and enjoyment, both for international visitors and the Canadian public, thereby giving expression to our identity as Canadians, and encouraging stewardships of Canada's natural environment and cultural heritage,

(c) to carry out Canada's international obligations under the World Heritage Convention, the Convention on Biological diversity and other agreements to protect, conserve, restore and enhance that heritage and natural environment and to contribute towards the protection and presentation of the global heritage,

(d) to include representative examples of Canada's land and marine natural regions in the systems of national parks and marine conservation areas,

(e) to commemorate places, people and events of national historic significance, including those before European settlement.

(f) to recognize Canada's rich and ongoing aboriginal traditions and aboriginal connection to place,

(g) to ensure the commemorative integrity of national historic sites,

(h) to maintain or restore the ecological integrity of national parks,

(i) to maintain or restore the structure and function of marine ecosystems as a prerequisite to the ecologically sustainable use of marine conservation areas,

(j) to protect heritage railway stations and the heritage character of federal heritage buildings,

(k) to provide leadership and support to the Canadian Heritage Rivers System,

(l) to provide Canadians with an opportunity to enjoy Canada's special places,

(m) to maintain ecological and commemorative integrity as a prerequisite to the use of national parks and national historic sites; and

(n) to manage visitor use and tourism to ensure both the maintenance of ecological and commemorative integrity, and a quality experience in such heritage and natural areas for this and future generations;

(2) The Agency shall, in carrying out any responsibility or duty or exercising any power under this Act, have regard to the purposes set out in subsection (1). The corporate plan for the operations of the Agency referred to in section 33 shall reflect those purposes.

(3) The guiding principles and operational policies for matters within the Agency's responsibilities established by the Chief Executive Officer under subsection 12(3) shall reflect the purposes set out in subsection (1).

(4) For the purposes of subsection (3) "Chief Executive Officer" includes any person who establishes the principles and policies referred to in that section pursuant to a delegation conferred under subsection 12(5)."

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

On Clause 2

Jim Pankiw moved,--That Clause 2 be amended by striking out line 5, on page 3, and substituting the following therefor:

""Agency" means the Parks Canada Agency "

The question being put on the amendment, it was agreed to.

Clause 2, as amended, carried.

Jim Pankiw moved,--That Clause 3 be amended by striking out, in the English version, line 19, on page 4, and substituting the following therefor:

"corporate to be called the Parks Canada"

Clause 3, as amended, carried.

Clause 4 carried.

On Clause 5

Mark Muise moved,--That Clause 5 be amended by strinking out line 33, on page 4 and substituting the following therefor:

"Minister that is consistent with the purposes of this Act, the Agency may exercise the powers"

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

John Godfrey moved,--That Clause 5 be amended by striking out, in the English version, line 36 on page 4 and substituting the following therefor:

"and other protected heritage areas and heritage"

The question being put on the amendment, it was agreed to.

Clause 5, as amended, carried.

New Clause 5.1

John Godfrey moved,--That Bill C-29 be amended by adding after line 12, on page 5 the following:

"5.1 A direction by the Minister referred to in sections 4 and 5 is not a statutory instrument for the purposes of the Statutory Instruments Act."

The question being put on the amendment, it was agreed to.

New Clause 5.1 carried.

On Clause 6

Angela Vautour moved,--That Clause 6 be amended by striking out lines 14 to 16, on page 5, and substituting the following therefor:

" 6. (1) The Agency shall implement the operational policies and guidelines of the Government of Canada listed in Part 3 of the schedule that relate to national parks,"

The question being put on the amendment, it was negatived.

Angela Vautour moved,--That Clause 6 be amended by striking out line 21, on page 5, and substituting the following therefor:

"long-term plans in place for maintaining and establishing"

The question being put on the amendment, it was negatived.

Angela Vautour moved,--That Clause 6 be amended by striking out line 23, on page 5, and substituting the following therefor:

"sites and marine conservation areas and other heritage areas."

The question being put on the amendment, it was negatived.

Angela Vautour moved,--That Clause 6 be amended by striking out line 28, on page 5, and substituting the following therefor:

"national historic sites, to ensure the completion of Canada's national parks, national historic sites and related heritage systems."

The question being put on the amendment, it was negatived.

Clause 6 carried.

Clauses 7 to 9 carried severally.

On Clause 10

Jim Pankiw moved,--That Clause 10 be amended by striking out lines 2 and 3, on page 7, and substituting the following therefor:

"which term may be renewed for one term."

The question being put on the amendment, it was negatived.

Clause 11 carried.

On Clause 12

Angela Vautour moved,--That Clause 12 be amended by striking out lines 25 to 31, on page 7.

The question being put on the amendment, it was negatived.

Clause 12 carried.

New Clause 12.1

Angela Vautour moved,--That Bill C-29 be amended by adding after line 35, on page 7 the following:

"CONSULTATION

12.1 (1) The Minister shall, before preparing the charter for the agency, the first corporate plan and the first report, carry out public consultations in respect thereof with the Parks Advisory Council and such persons and organizations who have advised the Minister, in writing, of their interest in matters for which the Agency is responsible. Every two years thereafter, the Chief Executive Officer shall, before preparing the corporate plan for the operations of the Agency and the report, carry out public consultations in respect thereof with that Council and those persons and organizations.

(2) The Minister shall, before approving any guiding principles and operational policies submitted to the Minister in subsection 12(3), carry out public consultations in respect thereof with the Parks Advisory Council and such persons and organizations who have advised the Minister, in writing, of their interest in matters for which the Agency is responsible.

(3) The Minister shall, in every year prior to the year in which public consultations must be held under subsection (2) in respect of a corporate plan or report other than the first corporate plan or the first report, consult the Parks Advisory Council and such persons and organizations who have advised the Minister, in writing, of their interest in matters for which the Agency is responsible by holding a public forum regarding the performance of the Agency and the Government of Canada in achieving the purpose of this Act and to receive any recommendations in respect thereof. The Minister shall respond to any such recommendations within 180 days of their submission to the Minister.

(4) In this section,

"charter for the agency" means the charter for the agency referred to in subsection 16(1);

"corporate plan" means a corporate plan for the operations of the Agency referred to in subsection 33(1);

"Parks Advisory Council" means the Parks Advisory Council established under section 12.2;

"report" means report referred to in section 31.

12.2 (1) The Minister shall, for the purposes of section 12.1, establish a Parks Advisory Council consisting of at least five individuals with demonstrated experience in National Parks issues, with applicable expertise to include, though not limited to, park management, natural interpretation and education, biological and social sciences, economics, and voluntary organizations.

(2) The members of the Council shall not be remunerated."

The question being put on the amendment, it was negatived.

On Clause 13

Angela Vautour moved,--That Clause 13 be amended by adding after line 45, on page 7, the following:

" (1.1) Notwithstanding any other provision, no employee of the Agency shall be disciplined or terminated solely by reason of any findings resulting from research carried out by the employee in the course of his or her employment with the agency or the making public of those findings."

The question being put on the amendment, it was negatived.

Clause 13 carried on division.

At 1:00 o’clock p.m., the Committee adjourned to the call of the Chair.

Norm Radford

Clerk of the Committee