ENSU Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 101
Wednesday, February 17, 1999
The Standing Committee on Environment and Sustainable Development met at 3:43 p.m. this day, in Room 308, West Block, the Chair, Charles Caccia, presiding.
Members of the Committee present: Charles Caccia, Rick Casson, Yvon Charbonneau, Roger Gallaway, Bill Gilmour, Jocelyne Girard-Bujold, John Herron, Karen Kraft Sloan, Rick Laliberté, David Pratt, Paddy Torsney.
Acting Members present: Carmen Provenzano for Aileen Carroll, Gar Knutson for Joe Jordan,
In attendance: From the Committees and Legislative Services Directorate : Marc Toupin, Legislative Clerk. From the Library of Parliament: Monique Hébert and Christine Labelle, Research Officers.
Witnesses: From Environment Canada: Harvey Lerer, Director General, Canadian Environmental Protection Act Office; Karen Lloyd, Manager, CEPA Office; Duncan Cameron, Legal Counsel, Legal Services, CEPA Office; Steve Mongrain, CEPA Office.
The Committee resumed consideration of Bill C-32, An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development. (See Minutes of Proceedings dated Wednesday, May 14, 1998, Meeting No. 53).
At 3:50 p.m. the Committee resumed Clause-by-Clause consideration of the Bill.
On Clause 13.
By unanimous consent, the Committee resumed consideration of Clause 13.
Karen Kraft Sloan moved, - That Clause 13 be amended by striking out lines 7 to 10 on page 15 and substituting the following therefore:
"13. (1) The Environmental Registry shall contain notices and other documents published or made publicly available by the Minister, and shall also include, subject to the Access to Information Act and the Privacy Act,
(a) notices of objection and of any approval granted under this Act;
(b) a copy of every policy and of every proposed regulation or order made under this Act; and
(c) copies of documents submitted to a court by the Minister relating to any environmental protection action."
After debate, the question was put on the amendment and it was agreed to.
Bill Gilmour moved, - That Clause 13 be amended
(a) by striking out lines 11 to 13 on page 15 and substituting the following therefore:
"(2) The Minister shall maintain the Environmental Registry and subject to subsection (2.1), may determine the form of the Registry, how it is to be kept and how access to it is to be provided."
(b) by adding after line 13 on page 15 the following:
"(2.1) The Minister shall ensure that access to the Environmental Registry is provided on the internet.
(2.2) The Minister shall, where he or she proposes to exercise any power under subsection (1) in respect of the Environmental Registry, allow 60 days for public comment before exercising that power."
After debate, by unanimous consent, the amendment was withdrawn.
By unanimous consent, Clause 13 was allowed to stand.
On Clause 22.
By unanimous consent, the Committee resumed consideration of Clause 22.
Rick Laliberté moved, - That Clause 22 be amended
(a) by striking out line 8 on page 18 and substituting the following therefore:
"22. (1) A person who has applied for an"
(b) by striking out line 23 on page 18 and substituting the following therefore:
"(3) In the action, the person may claim"
After debate, the question was put on the amendment and it was negatived.
Jocelyne Girard-Bujold moved, - That Clause 22 be amended by striking out lines 12 and 13 on page 18 and substituting the following therefore:
"investigation and report within 30 days; or"
After debate, the question was put on the amendment and it was negatived.
Jocelyne Girard-Bujold moved, - That Clause 22 be amended by striking out line 21 on page 18 and substituting the following therefore:
"(b) caused harm to the environ-"
After debate, the question was put on the amendment and it was negatived.
Jocelyne Girard-Bujold moved, - That Clause 22 be amended by striking out lines 33 and 34 on page 18 and substituting the following therefore:
"thing that, in the opinion of the court, is capable of preventing the continuation of an offence"
After debate, the question was put on the amendment and it was negatived.
Karen Kraft Sloan moved, - That Clause 22 be amended by adding after line 44 on page 18 the following:
"(4) The court may award damages to the responsible Minister in cases where the harm to the environment cannot be restored or rehabilitated or where the Minister has incurred costs to address the harm."
After debate, the question was put on the amendment and it was negatived.
Clause 22 carried.
On Clause 24.
By unanimous consent, the Committee resumed consideration of Clause 24.
Karen Kraft Sloan moved, - That Clause 24 be amended by striking out lines 13 to 25 on page 19 and substituting the following therefore:
"was taken to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organisation."
After debate, the question was put on the amendment and it was negatived.
Clause 24 carried.
On Clause 31.
By unanimous consent, the Committee resumed consideration of Clause 31.
Karen Kraft Sloan moved, - That Clause 31 be amended by striking out line 13 on page 21 and substituting the following therefore:
"law and where an undertaking to pay damages is imposed, the amount of damages shall not exceed $500."
After debate, the question was put on the amendment and it was negatived.
Clause 31 carried.
Clause 38 carried.
Clause 47 was allowed to stand.
On Clause 48.
By unanimous consent, the Committee resumed consideration of Clause 48.
Rick Laliberté moved, - That Clause 48 be amended
(a) by striking out line 27 on page 29 and substituting the following therefore:
"48. (1) The Minister shall establish a national"
(b) by adding after line 33 on page 29 the following:
"(2) The Minister shall ensure that any person referred to in the national inventory of releases of pollutants established under subsection (1) shall prepare or implement a pollution prevention plan under Part 4."
After debate, the question was put on the amendment and it was negatived.
Clause 48 carried.
At 5:17 p.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee