CHER Committee Meeting

Meeting No. 89

Tuesday, April 13, 1999

The Standing Committee on Canadian Heritage met at 11:05 a.m. this day, in Room 269, West Block, the Chair, Clifford Lincoln, presiding.

Members of the Committee present: Mauril Bélanger, Sarmite Bulte, John Godfrey, Joe Jordan, Raymond Lavigne, Clifford Lincoln, Inky Mark, Ted McWhinney, Mark Muise and Caroline St-Hilaire.

Acting Members present: Denis Coderre for Dennis Mills; Pat O'Brien for Paul Bonwick; Rick Laliberté for Wendy Lill; Carmen Provenzano for Raymond Lavigne.

In attendance: From the Library of Parliament: Luc Gagné, Research Officer. From Committees and Legislative Services: Susan Balwin, Legislative Clerk.

Witnesses: From the Department of Canadian Heritage (Parks): Tom Lee, Chief Executive Officer and Bruce Amos, Director General. From the Department of Justice: Alain Roy, Legal Counsel.

By unanimous consent the Committee proceeded to consider its future business.

It was agreed, - That a budget request of $78,500.00 be approved for the period between April 1, 1999 and June 30, 1999 and that the Chair submit the request to the Budget Sub-Committee of the Liaison Committee.

Pursuant to the Order of Reference of the House dated Tuesday, December 1, 1998, a study of Bill C-48, An Act respecting marine conservation areas.

The Committee proceeded to Clause-by-Clause consideration of the Bill.

By unanimous consent, the Committee proceeded to consider the Preamble.

On the Preamble

Mauril Bélanger moved,--That the Preamble, be amended by striking out line 6 on page 1 and substituting the following therefor:

"ciple in the conservation and management of the marine environment so that, where there are threats of envi-"

After debate, the question being put on the amendment, it was agreed to on division.

Rick Laliberté moved,--That the Preamble be amended by striking out lines 8 and 9, on page 1, and substituting the following therefor:

"is not used as a reason for postponing preventive measures;"

After debate, the question being put on the amendment, it was agreed to on division.

Mauril Bélanger moved,--That the Preamble be amended by striking out lines 12 to 15, on page 1, and substituting the following therefore:

"establish a system of marine conservation areas that are representative of the Atlantic, Arctic and Pacific Oceans and the Great Lakes and that are of sufficient extent and such configuration as to maintain healthy marine ecosystems,"

After debate, the question being put on the amendment, it was agreed to on division.

Mauril Bélanger moved,--That the Preamble be amended by striking out line 26, on page 1, and substituting the following therefor:

"marine heritage,

recognize that the marine environment is fundamental to the social, cultural and economic well-being of people living in coastal communities,"

After debate, the question being put on the amendment, it was agreed to on division.

By unanimous consent the Preamble was allowed to stand.

By unanimous consent, the Committee proceeded to Clause 1.

On Clause 1

Inky Mark moved,--That Clause 1 be amended by striking out lines 1 and 2, on page 2, and substituting with the following therefor:

"1. This Act may be cited as the Marine Protected Areas Act."

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

By unanimous consent Clause 1 was allowed to stand.

On Clause 2

Mauril Bélanger moved,--That Clause 2 be amended

a) by striking out line 3, on page 2, and substituting the following therefor:

"2. (1) The definitions in this subsection apply in"

b) by adding, after line 40, on page 2, the following:

"(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 those rights in section 35 of the Constitution Act, 1982."

After debate, the question being put on the amendment, it was agreed to on division.

Mauril Bélanger moved,--That Clause 2 be amended, by striking out, in the French version only, line 22, on page 2, and substituting the following therefor:

" « garde d'aire marine de conservation » Toute personne désignée en"

Clause 2, as amended, carried on division.

Clause 3 carried on division.

On Clause 4

Mauril Bélanger moved,--That Clause 4 be amended, by striking out, in the French version only, line 7, on page 3 with the following therefor:

"des aires marines représentatives qu'il faut à"

After debate, the question being put on the amendment, it was agreed to on division.

Mauril Bélanger moved,--That Clause 4 be amended by striking out lines 17 to 22, on page 3, and substituting with the following therefor:

"(3) Marine conservation areas and reserve shall be managed and used in a sustainable manner that meets the needs of present and future generations without compromising the structure and function of the ecosystems, including the submerged lands and water column, with which they are associated."

After debate, the question being put on the amendment, it was agreed to on division.

Mauril Bélanger moved,--That Clause 4 be amended by striking out line 22 on page 3, and substituting with the following therefor:

"(4) For the purpose of achieving sustainable use of marine resources, marine conservation areas shall be divided into zones, which must include zones that foster and encourage ecologically sustainable use of marine resources and zones that fully protect special features and fragile ecosystems."

After debate, the question being put on the amendment, it was agreed to on division.

Clause 4, as amended, carried on division.

On Clause 5

Rick Laliberté moved,--That Clause 5 be amended by striking out line 23, on page 3, and substituting with the following therefor:

"5. (1) Subject to section 7 and the terms of applicable land claims agreements referred to in section 35 of the Constitution Act, 1982, for the purpose"

By unanimous consent, the amendment was withdrawn.

Mauril Bélanger, moved,--That Clause 5 be amended by striking out lines 35 to 40, on page 3, and substituting with the following therefor:

"if

(a) the Governor in Council is satisfied that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the marine conservation area, other than such lands situated within the exclusive economic zone of Canada;

(b) in a case where Her Majesty in right of a province has the administration and control of any of the lands to be included in a marine conservation area, the government of the province has agreed to the use of those lands as a marine conservation area and has transferred their administration and control to Her Majesty in right of Canada for that purpose; and

(c) the requirements of any applicable land claim agreement respecting the establishment of the marine conservation area have been fulfilled."

After debate, the question being put on the amendment, it was agreed to on division.

Clause 5, as amended, carried on division.

Clause 6 carried on division.

On Clause 7

Mauril Bélanger moved,--That Clause 7 be amended by striking out lines 34 and 35, on page 4, and substituting with the following therefor:

"the proposed marine conservation area or reserve, which report shall include information on consultations undertaken and any agreements reached respecting establishment of the area or reserve and an interim management plan that sets out objectives for managing the area and a zoning plan,"

After debate, the question being put on the amendment, it was agreed to on division.

Clause 7, as amended, carried on division.

On Clause 8

Rick Laliberté moved,--That Clause 8 be amended by adding after line 22, on page 5, the following therefor:

"(1.1) Other Ministers of the Crown must have the concurrence of the Minister in relation to all matters within their jurisdiction that affect marine conservation areas."

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

Rick Laliberté moved,--That Clause 8 be amended by adding, after line 24, on page 5, the following therefor:

"(2.1) The Minister shall ensure that the administration, management and control of marine conservation areas added to Schedule 1 under subsection 6(2) are subject to the authority of existing and future bodies established pursuant to land claims agreements referred to in section 35 of the Constitution Act, 1982."

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

Mauril Bélanger moved,--That Clause 8 be amended by striking out line 28 on page 5, and substituting with the following therefor:

"may conduct scientific research and monitoring, and studies based on traditional ecological knowledge, traditional aboriginal ecological knowledge, in relation to marine"

After debate, the question being put on the amendment, carried on division.

Rick Laliberté moved,--That Clause 8 be amended by striking out lines 33, on page 5, and substituting with the following therefor:

"ments, bodies established under land claims agreements and non-governmental organizations"

After debate, the question being put on the amendment, it was agreed to on division.

Clause 8, as amended, carried on division.

On Clause 9

Mauril Bélanger moved,--That Clause 9 be amended by replacing lines 37 to 41 on page 5 and lines 1 to 6 on page 6 with the following:

"lished, in consultation with relevant federal and provincial ministers and agencies and affected coastal communities, aboriginal organizations and bodies established under land claims agreements, and with any other persons and bodies that the Minister considers appropriate, prepare a management plan for the marine conservation area including provision for ecosystem protection, human use and zoning, which shall be tabled in each House of Parliament.

Review of management plans by Minister

(2) The Minister shall review the management plan of a marine conservation area at least every"

After debate, the question being put on the amendment, it was agreed to on division.

Mauril Bélanger moved,--That Clause 9 be amended by striking out, in the French version only, lines 12 and 13 on page 6, and substituting with the following therefor:

" sement et toute modification du plan directeur, à la gestion des écosystèmes et au"

After debate, the question being put on the amendment, it was agreed to on division.

Rick Laliberté moved,--That Clause 9 be amended by striking out, in the English version only, line 6 on page 6, with the following:

"ment plan of a marine conservation area at least every"

After debate, the question being put on the amendment, it was agreed to on division.

Rick Laliberté moved,--That Clause 9 be amended by striking out lines 13 to 15 on page 6, and substituting with the following therefor:

"fication of management plans shall be the maintenance of ecological integrity and the precautionary principle."

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

Mauril Bélanger moved,--That Clause 9 be amended by adding after line 20, on page 6, the following therefor:

"(5) If a marine conservation area includes lands that are the subject of an aboriginal land claims agreement, the management plan for that area and any amendments to it shall be prepared in a manner consistent with any applicable provisions of the agreement."

After debate, the question being put on the amendment, it was agreed to on division.

Clause 9, as amended, carried on division.

On Clause 10

Mauril Bélanger moved,--That Clause 10 be amended by striking out lines 22 to 25, on page 6, and substituting with the following therefor:

"nities for consultation with relevant federal and provincial ministers and agencies and affected coastal communities, aboriginal organizations and bodies established under land claims agreements, and with any other persons and bodies that the Minister"

After debate, the question being put on the amendment, it was agreed to on division.

Mauril Bélanger moved,--That Clause 10 be amended by striking out line 32, on page 6, and substituting with the following therefor:

"shall cause to be tabled in each House of Parliament a"

After debate, the question being put on the amendment, it was agreed to on division.

Clause 10, as amended, carried on division.

On Clause 11

Mauril Bélanger moved,--That Clause 11 be amended by striking out in the French version only, line 40, on page 6, and substituting with the following therefor:

"oeuvre du plan directeur de l'aire marine en"

After debate, the question being put on the amendment, it was agreed to on division.

Rick Laliberté moved,--That Clause 11 be amended by adding after line 41 on page 6, the following:

"(1.1) Where a management committee for a marine conservation area is established pursuant to the terms of a land claims agreement, and the committee's responsibilities include the provision of advice to the Minister on the formulation, review and implementation of the management plan for the area, a management advisory committee established by the Minister for that area is subject to the authority of existing and future bodies established pursuant to the land claims agreement.''

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

Clause 11, as amended, carried on division.

On Clause 12

Rick Laliberté moved,--That Clause 12 be amended by striking out line 8, on page 7, and substituting with the following therefor:

"regulations and subject to the terms of applicable land claims agreements,"

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

Clause 12, as amended, carried on division.

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

Normand Radford

Clerk of the Committee