ENSU Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 112
Thursday, March 18, 1999
The Standing Committee on Environment and Sustainable Development met at 9:18 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, Bill Gilmour, Jocelyne Girard-Bujold, John Herron, Karen Kraft Sloan, Rick Laliberté, David Pratt, Paddy Torsney.
Acting Members present: Gar Knutson for Sarkis Assadourian, Beth Phinney for Yvon Charbonneau, Marlene Catterall for Roger Gallaway, Janko Peric for Joe Jordan, Lou Sekora for Joe Jordan, Jerry Pickard for Yvon Charbonneau, Carmen Provenzano for Roger Gallaway.
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.
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 76.
By unanimous consent, the Committee resumed consideration of Clause 76.
Karen Kraft Sloan moved, - That Clause 76 be amended by adding after line 19 on page 44 the following:
"(2.1) Nothing in subsection (2) shall prevent the Minister from carrying out the duties and exercising the powers under subsection (1) at any time after the sixtieth day following the day an offer is made under subsection (2), if that offer is not accepted"
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 5
|
Aileen Carroll |
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
|
Rick Laliberté |
|
John Herron |
NAYS: 7
|
Gar Knutson |
Beth Phinney |
Marlene Catterall |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
|
Bill Gilmour |
|
Clause 76 carried.
On Clause 121.
By unanimous consent, the Committee resumed consideration of Clause 121.
Rick Laliberté moved, - That Clause 121 be amended by striking out line 8 on page 87 and substituting the following therefore:
"(b) shall organize conferences relating to the"
After debate, the question was put on the amendment and it was negatived.
Aileen Carroll moved, - That Clause 121 be amended by adding after line 17 on page 87 the following:
"(3) Nothing in subsection (2) shall prevent the Minister from carrying out the functions set out in subsection (1) at any time after the sixtieth day following the day an offer is made under paragraph (2)(a)."
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 5
|
Aileen Carroll |
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
|
Rick Laliberté |
|
John Herron |
NAYS: 7
|
Gar Knutson |
Beth Phinney |
Marlene Catterall |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
|
Bill Gilmour |
|
Clause 121 carried.
On Clause 140.
By unanimous consent, the Committee resumed consideration of Clause 140.
Karen Kraft Sloan moved, - That Clause 140 be amended by adding after line 35 on page 101 the following:
"(5) Nothing in subsection (4) shall prevent the Minister from recommending a regulation to the Governor in Council under subsection (1)
(a) at any time it is necessary to do so in order to protect the environment, the environment on which human life depends or human life or health from actual or imminent harm; or
(b) at any time after the sixtieth day following the day an offer is made under subsection (4) if that offer is not accepted."
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 5
|
Aileen Carroll |
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
|
Rick Laliberté |
|
John Herron |
NAYS: 8
|
Gar Knutson |
Beth Phinney |
Marlene Catterall |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
Rick Casson |
|
Bill Gilmour |
Clause 140, as amended, carried.
On Clause 145.
By unanimous consent, the Committee resumed consideration of Clause 145.
Karen Kraft Sloan moved, - That Clause 145 be amended by adding after line 30 on page 103 the following:
"(3) Nothing in subsection (2) shall prevent the Minister from recommending a regulation to the Governor in Council under subsection (1) at any time after the sixtieth day following the day an offer is made under subsection (2), if that offer is not accepted"
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 5
|
Aileen Carroll |
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
|
Rick Laliberté |
|
John Herron |
NAYS: 8
|
Gar Knutson |
Beth Phinney |
Marlene Catterall |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
Rick Casson |
|
Bill Gilmour |
Clause 145 carried.
On Clause 166.
By unanimous consent, the Committee resumed consideration of Clause 166.
Karen Kraft Sloan moved, - That Clause 166 be amended
(a) by striking out lines 31 and 32 on page 117 and substituting the following therefore:
"is not a federal source, the Minister
(a) may consult with any government responsi-"
(b) by striking out line 37 on page 117 and substituting the following therefore:
"(b) may, if a government referred to in paragraph"
After debate, by unanimous consent, the amendment was withdrawn.
Bill Gilmour moved, - That Clause 166 be amended by striking out, in the English version, line 32 on page 117 and substituting the following therefore:
"(a) consult with the government responsi-"
After debate, the amendment and the clause were allowed to stand.
On Clause 173.
By unanimous consent, the Committee resumed consideration of Clause 173.
Rick Laliberté moved, - That Clause 173 be amended by striking out lines 4 to 16 on page 123 and substituting the following therefore:
"(4) The Governor in Council shall not approve an interim order unless the Minister has within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger."
Debate arose thereon.
Jocelyne Girard-Bujold moved that the amendment be amended by changing the word "Minister has" to "Ministers have".
The question was put on the sub-amendment was negatived.
The question was put on the amendment and it was negatived.
Clause 173 carried.
On Clause 183.
By unanimous consent, the Committee resumed consideration of Clause 183.
Rick Laliberté moved, - That Clause 183 be amended by striking out lines 4 to 13 on page 130 and substituting the following therefore:
"within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger."
After debate, the question was put on the amendment and it was negatived.
Clause 183 carried.
On Clause 197.
By unanimous consent, the Committee resumed consideration of Clause 197.
Karen Kraft Sloan moved, - That Clause 197 be amended
(a) by striking out line 9 on page 136 and substituting the following therefore:
"Consultation
197. (1) In carrying out the responsibilities"
(b) by adding after line 19 on page 136 the following:
"(2) Nothing in subsection (1) shall prevent the Minister from carrying out the responsibilities conferred by section 196 at any time after the sixtieth day following the day an offer is made under that subsection."
The question was put on the amendment and it was negatived on the following division:
YEAS: 4
|
Aileen Carroll |
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
|
|
Rick Laliberté |
|
NAYS: 8
|
Gar Knutson |
Jerry Pickard |
Carmen Provenzano |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
Rick Casson |
|
Bill Gilmour |
Clause 197 carried.
On Clause 208.
By unanimous consent, the Committee resumed consideration of Clause 208.
Karen Kraft Sloan moved, - That Clause 208 be amended by adding after line 22 on page 145 the following:
"(3) Nothing in subsection (2) shall prevent the Minister from establishing an objective, a guideline or a code of practice under subsection (1) at any time that is the sixtieth day following the day an offer is made under paragraph (2)(a)."
The question was put on the amendment and it was negatived on the following division:
YEAS:4
|
Aileen Carroll |
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
|
|
Rick Laliberté |
|
NAYS: 8
|
Gar Knutson |
Jerry Pickard |
Carmen Provenzano |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
Rick Casson |
|
Bill Gilmour |
Clause 208 carried.
On Clause 209.
By unanimous consent, the Committee resumed consideration of Clause 209.
Jocelyne Girard-Bujold moved, - That Clause 209 be amended by striking out line 18 on page 148 and substituting the following therefore:
"(a) shall consult with the govern-"
After debate, the question was put on the amendment and it was negatived.
Karen Kraft Sloan moved, - That Clause 209 be amended by adding after line 26 on page 148 the following:
"(4) Nothing in subsection (3) shall prevent the Minister from recommending to the Governor in Council a regulation under this section
(a) at any time it is necessary to so in order to protect the environment, the environment on which human life depends or human life or health from actual or imminent harm; or
(b) at any time after the sixtieth day following the day an offer is made under paragraph (3)(a)."
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 4
|
Aileen Carroll |
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
|
|
Rick Laliberté |
|
NAYS: 8
|
Gar Knutson |
Jerry Pickard |
Carmen Provenzano |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
Rick Casson |
|
Bill Gilmour |
Clause 209 carried.
On Clause 323.
By unanimous consent, the Committee resumed consideration of Clause 323.
Karen Kraft Sloan moved, - That Clause 323 be amended
(a) by striking out line 27 on page 205 and substituting the following therefore:
"Consultation
323. (1) In carrying out the responsibilities"
(b) by adding after line 38 on page 205 the following:
"(2) Nothing in subsection (1) shall prevent the Minister from carrying out the responsibilities conferred by section 322 at any time after the sixtieth day following the day an offer is made under that subsection."
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 4
|
Aileen Carroll |
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
|
|
Rick Laliberté |
|
NAYS: 8
|
Gar Knutson |
Jerry Pickard |
Carmen Provenzano |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
Rick Casson |
|
Bill Gilmour |
Clause 323 carried.
On Clause 47.
By unanimous consent, the Committee resumed consideration of Clause 47.
Karen Kraft Sloan moved, - That Clause 47 be amended by adding after line 26 on page 29 the following:
"(3) Nothing in subsection (2) shall prevent the Minister from carrying out the duties under subsection (1) at any time after the sixtieth day following the day an offer is made under subsection (2)."
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 3
|
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
Rick Laliberté |
NAYS: 8
|
Gar Knutson |
Jerry Pickard |
Carmen Provenzano |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
Rick Casson |
|
Bill Gilmour |
Clause 47, as amended, carried.
On Clause 54.
By unanimous consent, the Committee resumed consideration of Clause 54.
Karen Kraft Sloan moved, - That Clause 54 be amended by adding after line 29 on page 32 the following:
"(3.1) Nothing in subsection (3) shall prevent the Minister from carrying out the duties under subsection (1) at any time after the sixtieth day following the day an offer is made under subsection (3)."
After debate, the question was put on the amendment and it was negatived on the following division:
YEAS: 4
|
Aileen Carroll |
Karen Kraft Sloan |
Jocelyne Girard-Bujold |
|
|
Rick Laliberté |
|
NAYS: 7
|
Gar Knutson |
Jerry Pickard |
Carmen Provenzano |
|
Lou Sekora |
David Pratt |
Paddy Torsney |
|
|
Bill Gilmour |
|
Clause 54 carried.
At 12:06 p.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee