CHER Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 90
Tuesday, April 13, 1999
The Standing Committee on Canadian Heritage met at 3:38 p.m. this day, in Room 269, West Block, the Chair, Clifford Lincoln, presiding.
Members of the Committee present: Mauril Bélanger, Sarmite Bulte, Joe Jordan, Raymond Lavigne, Clifford Lincoln and Caroline St-Hilaire.
Acting Members present: Denis Coderre for Dennis Mills; John Maloney for Dennis Mills; Rick Laliberté for Wendy Lill; John Maloney for John Godfrey; John O'Reilly for Ted McWhinney.
In attendance: From the Library of Parliament: Luc Gagné, Research Officer. From Committees and Legislative Services: Susan Baldwin, Legislative Clerk.
Witnesses: From the Department of Canadian Heritage (Parks): Tom Lee, Chief Executive Officer, Bruce Amos, Director General, Parks. From the Department of Justice: Alain Roy, Legal Counsel.
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.
On New Clause12.1
Rick Laliberté moved,--That the Bill be amended by striking out line 12, on page 7 and substituting with the following therefor:
"12.1 No person shall conduct finfish aquaculture within a marine conservation area and this prohibition be reviewed in a five year period."
After debate, the question being put on the amendment, it was negatived.
On Clause 13
Mauril Bélanger moved,--That Clause 13 be amended by striking out lines 16 and 17, on page 7, and substituting with the following therefor:
"servation area."
After debate the question being put on the amendment, it was carried on division.
Clause 13, as amended, carried on division.
New Clause 13.1
Rick Laliberté moved,--That the Bill be amended by adding after line 17 on page 7, the following therefor:
"13.1 No person shall fish for, catch or attempt to catch fish by the method of bottom trawling or dragging within a marine conservation area."
After debate, the question being put on the amendment, it was negatived.
Clause 14 carried on division.
New Clause 14.1
Rick Laliberté moved,--That the Bill be amended be adding, after line 32 on page 7, the following therefor:
"14.1 No person shall dredge in a marine conservation area, except for existing navigation channels or in exigent circumstances."
After debate, the question being put on the amendment, it was negatived.
On Clause 15
Mauril Bélanger moved,--That Clause 15 be amended by striking out lines 33 to 39, on page 7, and substituting with the following therefor:
"15. (1) To the extent authorized by the regulations, the superintendent of a marine conservation area may issue, amend, suspend and revoke permits and other authorizing instruments for activities in the marine conservation area.
(2) A licence issued under the Fisheries Act is deemed to be a permit issued under this Act to carry out the activities permitted by the licence, subject to regulations made under subsection 16(1) on the recommendation of the Minister and the Minister of Fisheries and Oceans.
(3) For greater certainty, the superintendent of a marine conservation area may not amend, suspend or revoke a licence issued under the Fisheries Act."
After debate, the question being put on the amendment, it was agreed to on division.
Clause 15, as amended, carried on division.
On Clause 16
Mauril Bélanger moved,--That Clause 16 be amended by striking out line 3, on page 8, and substituting with the following therefor:
"for the control and management of any or all marine"
After debate, the question being put on the amendment, it was agreed to on division.
Mauril Bélanger moved,--That Clause 16 be amended by striking out in the French version only line 11, on page 8, and substituting with the following therefor:
"activités de récolte portant sur les res-"
After debate, the question being put on the amendment, it was agreed to on division.
Rick Laliberté moved,--That Clause 16 be amended by striking out line 36, on page 8, and substituting with the following therefor:
"prevent danger or disturbances to wildlife and to wildlife habitat,"
After debate, the question being put on the amendment, it was agreed to on division.
Mauril Bélanger moved,--That Clause 16 be amended by striking out, in the French version only, line 14 on page 9, and substituting with the following therefor:
"pêcheries ou qui limitent ou interdisent la pêche,"
After debate, the question being put on the amendment, it was agreed to on division.
Mauril Bélanger moved,--That Clause 16 be amended by striking out, in the French version only, lines 42 and 43 on page 9, and substituting with the following therefor:
"(6) Le gouverneur en conseil peut par règlement, après consultation, par le ministre,"
After debate, the question being put on the amendment, it was agreed to on division.
Rick Laliberté moved,--That Clause 16 be amended by striking out line 37 on page 9, and substituting with the following therefor:
"nal organizations and communities make regulations respect-"
After debate, the question being put on the amendment, it was negatived.
Clause 16, as amended, carried on division.
Clause 17 carried on division.
On Clause 18
Mauril Bélanger moved,--That Clause 18 be amended
a) by striking out, in the French version only, line 21 on page 10, with the following therefor:
"garde d'aire marine de conservation toute personne nommeé sous le"
b) by striking out, in the French version only, line 33 on page 10, and substituting with the following therefor:
"Les gardes d'aire marine de conservation sont, pour l'exercice de ces"
The question being put o the amendment, it was agreed to on division.
Clause 18, as amended, carried on division.
Clause 19 carried on division.
On Clause 20
Mauril Bélanger moved,--That Clause 20 be amended
a) by striking out in the French version only, line 8 on page 11, and substituting with the following therefor:
"20. (1) Chaque garde d'aire marine de conservation et chaque agent"
b) by striking out in, in the French version only, line 20 on page 11, and substituting with the following therefor:
" gardes d'aire marine de conservation, les agents de l'autorité et les"
After debate the question being put on the amendment, it was agreed to on division.
Clause 20, as amended, carried on division.
On Clause 21
Mauril Bélanger moved,--That Clause 21 be amended
a) by striking out, in the French version only, line 23 on page 11, and substituting with the following therefor:
"21. (1) Le garde d'aire marine de conservation ou l'agent de"
b) by striking out, in the French version only, line 31 on page 11, and substituting with the following therefor:
"(2) Le garde d'aire marine de conservation peut, en conformité avec"
The question being put on the amendment, it was agreed to on division.
Clause 21, as amended, carried on division.
On Clause 22
Mauril Bélanger moved,--That Clause 22 be amended
a) by striking out, in the French version only, line 38 on page 11, and substituting with the following therefor:
"22. (1) Le garde d'aire marine de conservation ou l'agent de"
b) by striking out, in the French version only, line 15 on page 12, and substituting with the following therefor:
"éventuellement fixées, le garde d'aire marine de conservation ou"
c) by striking out, in the French version only, line 21 on page 12, and substituting with the following therefor:
"(3) Le garde d'aire marine de conservation ou l'agent de l'autorité"
After debate, the question being put o the amendment, it was agreed to on division.
Mauril Bélanger moved,--That Clause 22 be amended
a) by striking out lines 39 and 40, on page 11, and substituting with the following therefor:
"or enforcement officer may"
b) by striking out lines 9 and 10, on page 12, and substituting with the following therefor:
"package or receptacle,"
After debate, the question being put o the amendment, it was agreed to on division.
Clause 22, as amended, carried on division.
On Clause 23
Mauril Bélanger moved,--That
Clause 23 be amendeda) by striking out, in the French version only, line 32 on page 12, and substituting with the following therefor:
"tuée par un garde d'aire marine de conservation ou un agent de"
b) by striking out, in the French version only, line 11 on page 13, and substituting with the following therefor:
"(3) Le garde d'aire marine de conservation ou l'agent de l'autorité"
The question being put on the amendment, it was agreed to on division.
Clause 23, as amended, carried on division.
Clause 24 carried on division.
Clause 25 carried on division.
Clause 26 carried on division.
On Clause 27
Mauril Bélanger moved,--That Clause 27 be amended by striking out line 36, on page 14, and substituting with the following therefor:
"or avoid any harm to any element of the ecosystems of a"
After debate, the question being put on the amendment, it was agreed to on division.
Mauril Bélanger moved,--That Clause 27 be amended by striking out in the English version only, line 11 on page 15, and substituting with the following therefor:
"731(1)(a) of the Criminal Code, the court may,"
The question being put on the amendment, it was agreed to on division.
Clause 27, as amended, carried on division.
Clause 28 carried on division.
On Clause 29
Rick Laliberté moved,--That
Clause 29 be amended by striking out, in the English version only, line 38 on page 15, and substituting with the following therefor:"in a marine conservation area, any person"
After debate, the question being put on the amendment, it was negatived.
Mauril Bélanger moved,--That Clause 29 be amended by striking, in the French version only, line 29 on page 15, and substituting with the following therefor:
"d'une substance à l'intérieure d'une aire marine de"
After debate, the question being put on the amendment, it was agreed to on division.
Rick Laliberté moved,--That
Clause 29 be amended by striking out line 41 on page 15, and substituting with the following therefor:"discharge or deposit from any source, including any land-based source, shall take effective
After debate, the question being put on the amendment, it was negatived.
Clause 29, as amended, carried on division.
Clause 30 carried on division.
Clause 31 carried on division.
Clause 32 carried on division.
Clause 33 carried on division.
On Clause 34
Mauril Bélanger moved,--That
Clause 34 be amendeda) by striking out line 34 on page 17, and substituting with the following therefor:
"conservation area as defined in subsection 2(1) of"
b) by striking out line 20 on page 20, and substituting with the following therefor:
"subsection 2(1) of this Act is replaced by the"
The question being put on the amendment, it was agreed to, on division.
Mauril Bélanger moved,--That
Clause 34 be amended by striking out lines 32 to 36, on page 20, and substituting with the following therefor:"18. The Minister may designate persons appointed under the Parks Canada Agency Act whose duties include the enforcement of this Act to be marine conservation area wardens"
After debate, the question being put on the amendment, it was agreed to on division.
Clause 34 as amended, carried on division.
On Clause 35
Mauril Bélanger moved,--That Clause 35 be amended
a) by striking out line 46 on page 20, and substituting with the following therefor:
"(a) the definition "dump" in subsection 2(1) of"
b) by striking out lines 1 and 2, on page 21, and substituting with the following therefor:
"(b) the definition "immersion" in subsection 2(1) of the French version of this Act is"
c) by striking out line 10 on page 21, and substituting with the following therefor:
"(c) subsection 2(1) of this Act is amended by"
d) by striking out line 16 on page 21, and substituting with the following therefor:
"(d) subsection 2(1) of the English version of this"
The question being put on the amendment, it was agreed to on division.
Clause 35 as amended, carried on division.
On Schedule 1
Schedule 1 carried on division.
On Schedule 2
Schedule 2 carried on division.
On the Preamble
By unanimous consent, the Committee reverted to the Preamble.
Mauril Bélanger moved,--That the Preamble be amended by adding after line 30 on page 1 the following:
"promote an understanding of the marine environment and provide opportunities for research and monitoring, and
involve federal and provincial ministers and agencies, affected aboriginal organizations and coastal communities and other persons and bodies, including bodies established under land claims agreements, in the effort to establish and maintain the representative system of marine conservation areas;"
After debate, the question being put on the amendment, it was agreed to on division.
The Preamble, as amended, carried on division.
By unanimous consent, the Committee reverted to Clause 1.
Clause 1 carried on division.
The Bill, as amended, carried
on divisionORDERED,--That the Chair report Bill C-48 with amendments to the House.
ORDERED,--That the Committee order a reprint of the bill for the use at Report Stage.
At 5:20 p.m., the Committee adjourned to the call of the Chair.
Normand Radford
Clerk of the Committee