ENSU Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 110
Tuesday, March 16, 1999
The Standing Committee on Environment and Sustainable Development met at 3:45 p.m. this day, in Room 269, West Block, the Chair, Charles Caccia, presiding.
Members of the Committee present: Gérard Asselin, Charles Caccia, Aileen Carroll, Rick Casson, Yvon Charbonneau, Roger Gallaway, Bill Gilmour, John Herron, Joe Jordan, Karen Kraft Sloan, Rick Laliberté, David Pratt, Paddy Torsney.
Acting Members present: Gar Knutson for Sarkis Assadourian, Ghislain Lebel 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 3:47 p.m., the Committee resumed Clause-by-Clause consideration of the Bill.
The witnesses answered questions.
On Clause 115.
By unanimous consent, the Committee resumed consideration of Clause 115 and the amendment of Paddy Torsney, 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."
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 6
|
Gar Knutson |
Aileen Carroll |
Yvon Charbonneau |
|
Roger Gallaway |
David Pratt |
Paddy Torsney |
NAYS: 8
|
Joe Jordan |
Karen Kraft Sloan |
Rick Casson |
|
Bill Gilmour |
Gérard Asselin |
Ghislain Lebel |
|
Rick Laliberté |
|
John Herron |
John Herron moved, - That Clause 115 be amended by
(a) striking out line 41 and 42 on page 83 and substituting the following therefore:
"a) any living organism if the regulation regulates"
(b) striking out line 45 on page 83 and substituting the following therefore:
"Parliament that in the opinion of the Minister, or where appropriate the Minister of Health provides for:
a) notice to be given before the manufacture, import or sale of the living organism,
b) an assessment of whether the living organism is toxic or capable of becoming toxic and,
c) the regulation or control of any potential risks to the environment, or its biological diversity and human health, identified by that assessment."
After debate, the question was put on the amendment and it was agreed to on the following division:
YEAS: 9
|
Yvon Charbonneau |
Joe Jordan |
Karen Kraft Sloan |
|
Ghislain Lebel |
Rick Casson |
Bill Gilmour |
|
Gérard Asselin |
Rick Laliberté |
John Herron |
NAYS: 5
|
Gar Knutson |
Aileen Carroll |
Roger Gallaway |
|
David Pratt |
|
Paddy Torsney |
Clause 115, as amended, carried.
On Clause 200.
By unanimous consent, the Committee resumed consideration of Clause 200.
Rick Laliberté moved, - That Clause 200 be amended by striking out lines 14 to 16 on page 138 and substituting the following therefore:
"depends,
(iii) constitute or may constitute a danger in Canada to human life or health; or
(iv) have or may have an immediate or long-term effect on the conservation and sustainable use of biological diversity;"
After debate, the question was put on the amendment and it was negatived.
Paddy Torsney moved, - That Clause 200 be amended by striking out line 11 on page 138 and substituting the following therefore:
"ment or its biological diversity,"
The question was put on the amendment and it was agreed to.
Karen Kraft Sloan moved, - That Clause 200 be amended by striking out lines 3 to 7 on page 139 and substituting the following therefore:
"(2) The Governor in Council shall not make a regulation under subsection (1) if the matter is regulated by or under any other Act of Parliament and the Governor in Council is satisfied that the regulation by or under any other Act of Parliament provides for a level of protection to human health or the environment that is at least equal to the level of protection that would be provided under this Act."
After debate, by unanimous consent, the amendment et the clause were allowed to stand.
On Clause 210.
By unanimous consent, the Committee resumed consideration of Clause 210.
Paddy Torsney moved, - That Clause 210 be amended by striking out lines 27 to 36 on page 148 and substituting the following therefore:
"210. Where the Governor in Council is of the opinion that provisions of any other Part of this Act or any other Act of Parliament, or regulations made under them,
(a) are in force in respect of an aspect of the protection of the environment,
(b) apply to a federal work or undertaking, federal land or aboriginal land, and
(c) provide sufficient protection to the environment and human health,
the Governor in Council may make an order stating that opinion and, if such an order is made, regulations made under this Part relating to the same aspect do not apply to the federal work or undertaking, the federal land or the aboriginal land."
After debate, the question was put on the amendment and it was agreed to on the following division:
YEAS: 8
|
Gar Knutson |
Aileen Carroll |
Yvon Charbonneau |
|
Roger Gallaway |
David Pratt |
Paddy Torsney |
|
Rick Casson |
|
Bill Gilmour |
NAYS: 5
|
Joe Jordan |
Karen Kraft Sloan |
Gérard Asselin |
|
Rick Laliberté |
|
John Herron |
Clause 210, as amended, carried.
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, the question was put on the amendment and it was agreed to on the following division:
YEAS: 9
|
Gar Knutson |
Aileen Carroll |
Yvon Charbonneau |
|
Roger Gallaway |
Joe Jordan |
David Pratt |
|
Paddy Torsney |
Rick Casson |
Bill Gilmour |
NAYS: 4
|
Karen Kraft Sloan |
Gérard Asselin |
Rick Laliberté |
|
|
John Herron |
|
By unanimous consent, Clause 81 was allowed to stand.
At 5:27 p.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee