ENSU Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 109
Tuesday, March 16, 1999
The Standing Committee on Environment and Sustainable Development met at 9:15 a.m. this day, in Room 237-C, Centre Block, the Chair, Charles Caccia, presiding.
Members of the Committee present: Gérard Asselin, 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 Roger Gallaway, Gilles Perron 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, 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 9:18 a.m., the Committee resumed Clause-by-Clause consideration of the Bill.
The witnesses answered questions.
On Clause 106.
By unanimous consent, the Committee resumed consideration of Clause 106 and the amendment of Clifford Lincoln - 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, the question was put on the amendment and it was negatived.
Paddy Torsney moved, - That Clause 106 be amended by striking out lines 40 to 45 on page 75 and lines 1 to 17 on page 76 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 4 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 4 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 4, the Governor in Council may by order delete from Schedule 4 the name of that Act or those regulations, as the case may be."
After debate, the question was put on the amendment resulting in the following division:
YEAS: 7
|
Gar Knutson |
Karen Redman |
Paddy Torsney |
|
Aileen Carroll |
Joe Jordan |
Yvon Charbonneau |
|
|
David Pratt |
|
NAYS: 7
|
Karen Kraft Sloan |
Gérard Asselin |
John Herron |
|
Rick Casson |
Gilles Perron |
Bill Gilmour |
|
|
Rick Laliberté |
|
And the result of the vote having been announced: YEAS: 7 - NAYS: 7.
The Chairman cast his vote in the negative and the amendment was negatived.
John Herron moved, - That Clause 106 be amended by striking out lines 40 to 45 on page 75 and lines 1 to 17 on page 76 and substituting the following therefore:
"(7) For the purposes of the administration of this section, the Minister and the Minister of Health, where appropriate, shall determine whether the requirements referred to in paragraph (5) (a) are met.
(7.1) A determination shall be made under subsection (7) only if the Minister is or the Ministers are satisfied, as the case may be, that the notice and assessment provisions in any other Act of Parliament are equivalent to the notice and assessment provisions in this Act.
(8) Any Act of Parliament or regulations in Schedule 2 have been determined by the Minister or the Ministers, as the case may be, that the requirements referred to in paragraph (6) (a) and subsection (7.1) are met or are no longer met by or under that other Act, the Governor in Council may, on the recommendation of the Minister or the Ministers, as the case may be, by order, add the name of that other Act or any regulations made under that Act to Schedule 2 or delete the name, as the case may be."
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 6
|
Yvon Charbonneau |
Gérard Asselin |
Rick Laliberté |
|
Karen Kraft Sloan |
Gilles Perron |
John Herron |
NAYS: 8
|
Gar Knutson |
Joe Jordan |
Rick Casson |
|
Aileen Carroll |
David Pratt |
Bill Gilmour |
|
Karen Redman |
|
Paddy Torsney |
John Herron moved, - That Clause 106 be amended by striking out lines 40 to 45 on page 75 and lines 1 to 17 on page 76 and substituting the following therefore:
"(7) For the purposes of the administration of this section, the Minister and, where appropriate, the Minister of Health, is responsible 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 Minister and, where appropriate, the Minister of Health, determine 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 Minister and, where appropriate, the Minister of Health, may by order add to Schedule 4 the name of that Act or those regulations, as the case may be; and
(b) if the Minister and, where appropriate, the Minister of Health, determine 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 4, the Minister and, where appropriate, the Minister of Health, may by order delete from Schedule 4 the name of that Act or those regulations, as the case may be."
After debate, the question was put on the amendment and it was agreed to on the following division:
YEAS: 9
|
Yvon Charbonneau |
Rick Casson |
Rick Laliberté |
|
Joe Jordan |
Bill Gilmour |
John Herron |
|
Karen Kraft Sloan |
Gilles Perron |
Gérard Asselin |
NAYS: 5
|
Gar Knutson |
Aileen Carroll |
Karen Redman |
|
Paddy Torsney |
David Pratt |
|
Rick Laliberté moved, - That Clause 106 be amended by striking out line 20 on page 76 and substituting the following therefore:
"Minister may, by order, waive any of the requirements to"
After debate, the question was put on the amendment and it was negatived.
Rick Laliberté moved, - That Clause 106 be amended
(a) by striking out lines 25 to 33 on page 76 and substituting the following therefore:
"toxic or capable of becoming toxic; or
(b) it is not, in the opinion of the Ministers,"
(b) by deleting lines 40 to 47 on page 76.
After debate, the question was put on the amendment and it was negatived.
Paddy Torsney moved, - That Clause 106 be amended by striking out lines 18 and 19 on page 77 and substituting the following therefore:
"considering
(a) any corrections received under subsection (13), or
(b) the information provided under subsection (14), that a living organism is toxic"
The question was put on the amendment and it was agreed to.
Clause 106, as amended, carried.
On Clause 115.
By unanimous consent, the Committee resumed consideration of Clause 115.
Rick Laliberté moved, - That Clause 115 be amended by striking out lines 39 to 42 on page 83 and substituting the following therefore:
"(2) A regulation made under subsection (1) in respect of any living organism applies notwithstanding that the regulation regulates"
After debate, the question was put on the amendment and it was negatived.
Paddy Torsney moved, - That Clause 115 be amended by striking out line 45 on page 83 and substituting the following therefore:
"Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health."
At 11:21 a.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee