ENSU Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 105
Monday, March 8, 1999
The Standing Committee on Environment and Sustainable Development met at 3:40 p.m. this day, in Room 269, West Block, the Chair, Charles Caccia, presiding.
Members of the Committee present: Charles Caccia, Aileen Carroll, Rick Casson, Yvon Charbonneau, Bill Gilmour, John Herron, Joe Jordan, Karen Kraft Sloan, Rick Laliberté, David Pratt, Paddy Torsney.
Acting Members present: Gar Knutson for Sarkis Assadourian, Karen Redman for Aileen Carroll, Sarmite Bulte for Roger Gallaway, Bernard Bigras for Jocelyne Girard-Bujold.
Associate Member present: Clifford Lincoln.
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.
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).
The witnesses answered questions.
At 3:43 p.m. the Committee resumed Clause-by-Clause consideration of the Bill.
On Clause 16.
By unanimous consent, the Committee resumed consideration of Clause 16.
Paddy Torsney moved, - That Clause 16 be amended by striking out lines 20 to 34 on page 16 and substituting the following therefore:
"employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that
(a) the employer has made a report under subsection (1);
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under or that is contrary to this Act; or
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act."
The question was put on the amendment and it was agreed to.
Clause 16, as amended, carried.
On Clause 96.
By unanimous consent, the Committee resumed consideration of Clause 96.
Paddy Torsney moved, - That Clause 96 be amended by striking out lines 9 to 23 on page 68 and substituting the following therefore:
"employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that
(a) the employer has made a report under subsection (1);
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under or that is contrary to this Act; or
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act."
The question was put on the amendment and it was agreed to.
Clause 96, as amended, carried.
On Clause 202.
By unanimous consent, the Committee resumed consideration of Clause 202.
Paddy Torsney moved, - That Clause 202 be amended by striking out lines 46 to 48 on page 140 and lines 1 to 12 on page 141 and substituting the following therefore:
"employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that
(a) the employer has made a report under subsection (1);
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under or that is contrary to this Act; or
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act."
The question was put on the amendment and it was agreed to.
Clause 202, as amended, carried.
On Clause 213.
By unanimous consent, the Committee resumed consideration of Clause 213.
Paddy Torsney moved, - That Clause 213 be amended by striking out lines 4 to 19 on page 151 and substituting the following therefore:
"employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that
(a) the employer has made a report under subsection (1);
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under or that is contrary to this Act; or
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act."
The question was put on the amendment and it was agreed to.
Clause 213, as amended, carried.
On Clause 47.
By unanimous consent, the Committee resumed consideration of Clause 47.
After debate, Clause 47 was allowed to stand.
On Clause 2.
By unanimous consent, the Committee resumed consideration of Clause 2.
Joe Jordan moved, - That Clause 2 be amended
(a) by striking out line 5 on page 3 and substituting the following therefore:
"the Constitution and laws of Canada and subject to subsection (1.1),"
(b) by adding after line 17 on page 4 the following:
"(1.1) The Government of Canada shall consider the following before taking any measure under paragraph (1)(a);
(a) the short and long-term human and ecological benefits arising from the environmental protection measure;
(b) the positive economic impacts arising from the measure, including those cost-savings arising from health, environmental, technological advances and innovation, among others; and
(c) any other benefits accruing from the measure.
(1.2) Nothing in this section shall be construed so as to prevent the taking of any action to protect the environment or human health for the purposes of this Act."
After debate, the question was put on the amendment and it was agreed to on the following division:
YEAS: 8
|
Yvon Charbonneau |
Rick Casson |
Bernard Bigras |
|
Joe Jordan |
Bill Gilmour |
Rick Laliberté |
|
Karen Kraft Sloan |
John Herron |
|
NAYS: 5
|
Gar Knutson |
Sarmite Bulte |
Paddy Torsney |
|
Aileen Carroll |
David Pratt |
|
By unanimous consent, Joe Jordan moved, - That Clause 2 be amended by adding after line 5 on page 3 the following:
"(a) exercise its powers in a manner that protects the environment and human health, applies the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing measures to prevent environmental degradation, and promotes and reinforces enforceable pollution prevention approaches."
After debate, the question was put on the amendment and it was agreed to on the following division:
YEAS: 7
|
Aileen Carroll |
Bernard Bigras |
Karen Kraft Sloan |
|
Yvon Charbonneau |
Rick Laliberté |
Joe Jordan |
|
|
John Herron |
|
NAYS: 6
|
Gar Knutson |
David Pratt |
Rick Casson |
|
Sarmite Bulte |
Paddy Torsney |
Bill Gilmour |
At 5:40 p.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee