ENSU Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 108
Thursday, March 11, 1999
The Standing Committee on Environment and Sustainable Development met at 9:20 a.m. this day, in Room 237-C, Centre Block, the Chair, Charles Caccia, presiding.
Members of the Committee present: Charles Caccia, Yvon Charbonneau, Bill Gilmour, Jocelyne Girard-Bujold, John Herron, Joe Jordan, Karen Kraft Sloan, Rick Laliberté, David Pratt, Paddy Torsney.
Acting Members present: Gar Knutson for Sarkis Assadourian, Beth Phinney for Aileen Carroll, Marlene Catterall 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, Research Officer. 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; Nadine Levin, Senior Policy Adviser, 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 9:24 a.m., the Committee resumed Clause-by-Clause consideration of the Bill.
The witnesses answered questions.
On Clause 138.
By unanimous consent, the Committee resumed consideration of Clause 138.
Paddy Torsney moved, - That Clause 138 be amended by striking out lines 30 to 32 on page 99 and substituting the following therefore:
"138. The definitions in this section apply in this Division.
"engine" means a device that transforms one form of energy into another.
"national fuels mark" means a mark established by regulation for use in respect of fuels."
After debate, the question was put on the amendment and it was agreed to.
Clause 138, as amended, carried.
On Clause 47.
By unanimous consent, the Committee resumed consideration of Clause 47.
Rick Laliberté moved, - That Clause 47 be amended by striking out line 4 on page 29 and substituting the following therefore:
"issuing those guidelines, the Minister may"
After debate, the question was put on the amendment and it was negatived.
Joe Jordan moved, - That Clause 47 be amended by striking out line 8 on page 29 and substituting the following therefore:
"(a) the costs and benefits to the Minister and the person"
After debate, the question was put on the amendment and it was agreed to.
Jocelyne Girard-Bujold moved, - That Clause 47 be amended by striking out line 18 on page 29 and substituting the following therefore:
"tion (1), the Minister shall consult with"
By unanimous consent, the amendment and the clause were allowed to stand.
On Clause 140.
By unanimous consent, the Committee resumed consideration of Clause 140.
Clifford Lincoln moved, - 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, performance or introduction of combustion or other engine technology or emission control equipment."
After debate, the question was put on the amendment and it was agreed to.
By unanimous consent, Clause 140 was allowed to stand.
On Clause 81.
By unanimous consent, the Committee resumed consideration of Clause 81.
Paddy Torsney moved, - That Clause 81 be amended by striking out lines 27 to 46 on page 51 and lines 1 to 3 on page 52 and substituting the following therefore:
"(7) For the purposes of the administration of this section, the Governor in Council has the exclusive responsibility for determining whether or not the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, and
(a) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, the Governor in Council may by order add to Schedule 2 the name of that Act or those regulations, as the case may be, and the fact that an Act or regulations are listed in Schedule 2 is conclusive proof that the requirements referred to in paragraph (6)(a) are met; and
(b) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are no longer met by or under an Act of Parliament, or regulations, listed in Schedule 2, the Governor in Council may by order delete from Schedule 2 the name of that Act or those regulations, as the case may be."
After debate, by unanimous consent, the amendment and the clause were allowed to stand.
On Clause 93.
By unanimous consent, the Committee resumed consideration of Clause 93.
Joe Jordan moved, - That Clause 93 be amended by deleting lines 38 to 43 on page 63.
The question was put on the amendment and it was agreed to.
Paddy Torsney moved, - That Clause 93 be amended by deleting lines 1 to 16 on page 64.
The question was put on the amendment and it was agreed to.
Paddy Torsney moved, - That Clause 93 be amended by striking out line 22 on page 64 and substituting the following therefore:
"any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health."
Debate arose thereon.
Clifford Lincoln moved that the amendment be amended by striking out the word "sufficient" and substituting the word "equivalent" therefore and inserting between the words "environment" and "and" the words "its biological diversity".
After debate, the question was put on the sub-amendment and it was negatived.
The question was put on the amendment and it was agreed to.
Clause 93, as amended, carried.
On Clause 94.
By unanimous consent, the Committee resumed consideration of Clause 94.
Paddy Torsney moved, - That Clause 94 be amended by striking out line 44 on page 64 and substituting the following therefore:
"regulation made under subsection 93(1)."
The question was put on the amendment and it was agreed to.
Clause 94, as amended, carried.
On Clause 106.
By unanimous consent, the Committee resumed consideration of Clause 106.
Rick Laliberté moved, - That Clause 106 be amended by deleting lines 26 to 45 on page 75 and lines 1 to 17 on page 76.
After debate, the question was put on the amendment and it was negatived.
Clifford Lincoln moved, - That Clause 106 be amended by striking out lines 31 to 33 on page 75 and substituting the following therefore:
"ture, import or sale of the living organism, for an assessment of whether it is toxic or capable of becoming toxic, and for the regulation or control of any potential risks to the environment, including biodiversity, and human health, identified by that assessment;"
After debate, by unanimous consent, the amendment and the clause were allowed to stand.
At 11:08 a.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee