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MINUTES OF PROCEEDINGS

Meeting No. 104

Tuesday, March 2, 1999

The Standing Committee on Environment and Sustainable Development met at 9:16 a.m. this day, in Room 237-C, Centre Block, the Chair, Charles Caccia, presiding.

Members of the Committee present: Charles Caccia, Aileen Carroll, Rick Casson, Yvon Charbonneau, Roger Gallaway, Bill Gilmour, Jocelyne Girard-Bujold, John Herron, Joe Jordan, Rick Laliberté, David Pratt, Paddy Torsney.

Acting Members present: Gar Knutson for Sarkis Assadourian, Karen Redman for Roger Gallaway, Clifford Lincoln for Karen Kraft Sloan.

In attendance: From the Committees and Legislative Services Directorate : Marc Toupin. From the Library of Parliament: Monique Hébert and Christine Labelle, Research Officers. From Resources Futures International: John Moffet, consultant.

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. From Transport Canada: Simon Barker, Counsel, Legal Services.

The Committee discussed its future business.

Bill Gilmour moved, - That in relation to the Main Estimates of Environment Canada for the fiscal year ending March 31, 2000, that the Committee call the Minister of the Environment to appear.

The question was put on the motion and it was agreed to.

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 9:22 a.m., the Committee resumed Clause-by-Clause consideration of the Bill.

The witnesses answered questions.

On Clause 194.

By unanimous consent, the Committee resumed consideration of Clause 194 and the amendment of Roger Gallaway, - That Clause 194 be amended

(a) by striking out line 14 on page 135 and substituting the following therefore:

"194. (1) For the purposes of this Part, any"

(b) by adding after line 26 on page 135 the following:

"(2) This Part does not apply to environmental emergencies caused by or otherwise attributable to a discharge or anticipated discharge of oil from a ship as defined under the Canada Shipping Act."

After debate, the question was put on the amendment and it was negatived on the following division:

YEAS 3

Roger Gallaway

Rick Casson

Bill Gilmour

 

NAYS 10

Gar Knutson

Aileen Carroll

Yvon Charbonneau

Joe Jordan

Clifford Lincoln

David Pratt

Paddy Torsney

Jocelyne Girard-Bujold

Rick Laliberté

 

John Herron

 

 

Clause 194 carried.

On Clause 140.

By unanimous consent, the Committee resumed consideration of Clause 140 and the amendment of Clifford Lincoln, - That Clause 140 be amended

(a) by striking out line 12 on page 101 and substituting the following therefore:

"(d) if the Governor in Council is of the"

(b) by striking out lines 15 to 19 on page 101 and substituting the following therefore:

"or reduction in, air pollution resulting from,

(a) directly or indirectly, the fuel or any of its components; or

(b) the fuel's effect on the operation or introduction of combustion or other engine technology or emission control equipment."

After debate, by unanimous consent, the amendment and the clause were allowed to stand.

On Clause 101.

After debate, by unanimous consent, the Committee resumed consideration of Clause 101.

Paddy Torsney moved, - That Clause 101 be amended by striking out lines 6 to 46 on page 71 and lines 1 to 12 on page 72 and substituting the following therefore:

"101. (1) Subject to subsection (4), no person shall export a substance specified in the Export Control List in Schedule 3 unless the person provides prior notice of the proposed export to the Minister in accordance with the regulations made under subsection 102(1).

(2) Subject to subsection (4), no person shall export a substance specified in Part 1 of the Export Control List in Schedule 3 unless the export of the substance

(a) is for the purpose of destroying the substance or complying with a direction under subparagraph 99(b) (iii); and

(b) is done in accordance with any regulations made under subsection 102(1).

(3) Subject to subsection (4), no person shall export a substance specified in Part 2 or 3 of the Export Control List in Schedule 3 unless the export of the substance is done in accordance with any regulations made under subsection 102(1).

(4) No person shall export a substance specified in the Export Control List in Schedule 3 if the export of the substance is prohibited by a regulation made under subsection 102(2)."

The question was put on the amendment and it was agreed to.

Clause 101, as amended, carried.

On Clause 102.

By unanimous consent, the Committee resumed consideration of Clause 102.

Paddy Torsney moved, - That Clause 102 be amended by striking out lines 13 to 17 on page 72 and substituting the following therefore:

"102. (1) The Governor in Council may, on the recommendation of the Minister or the Ministers, make regulations in relation to substances specified in the Export Control List in Schedule 3

(a) respecting the information that must be given to the Minister regarding an export of such a substance, the time when or period within which the information must be given, and the manner in which it must be given;

(b) respecting the information that must accompany an export of such a substance and the manner in which it must accompany the substance;

(c) respecting conditions under which a person may export such a substance;

(d) respecting the information that must be kept by a person who exports such a substance and the manner in which, the period for which and the place where the information must be kept; and

(e) generally for carrying out the purposes of section 101.

(2) The Governor in Council may, on the recommendation of the Minister or the Ministers, make regulations prohibiting the export of a substance specified in the Export Control List in Schedule 3."

It was agreed, - That the amendment be further amended by striking out in subsection (1) and subsection (2) "the Minister or".

The question was put on the amendment as amended and it was agreed to.

Clause 102, as amended, carried.

On Clause 103.

By unanimous consent, the Committee resumed consideration of Clause 103.

Paddy Torsney moved, - That Clause 103 be amended by striking out lines 18 to 45 on page 72 and substituting the following therefore:

"103. If a person exports a substance specified in the Export Control List in Schedule 3, the Minister shall publish in the Environmental Registry the name or specifications of the substance, the name of the exporter and the name of the country of destination."

The question was put on the amendment and it was agreed to.

Clause 103, as amended, carried.

At 11:07 a.m., the Committee adjourned to the call of the Chair.

 

Stephen Knowles

 


Clerk of the Committee