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MINUTES OF PROCEEDINGS
Meeting No. 114
Tuesday, March 23, 1999
The Standing Committee on Environment and Sustainable Development met at 8:53 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, Yvon Charbonneau, Paul Forseth, Roger Gallaway, Bill Gilmour, Jocelyne Girard-Bujold, John Herron, Joe Jordan, Karen Kraft Sloan, Paddy Torsney.
Acting Members present: Karen Redman for Roger Gallaway; Larry McCormick for Roger Gallaway; Gar Knutson for Sarkis Assadourian; Beth Phinney for David Pratt
In attendance: From the Committees and Legislative Services Directorate: Marc Toupin. From the Library of Parliament: Monique Hébert, Researcher. From Resources Futures International: John Moffet, Consultant.
Witness(es):From the 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, Representative, 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 8:57 a.m., the Committee resumed Clause-by-Clause consideration of the Bill.
The witnesses answered questions.
On Clause 68
By unanimous consent, the Committee resumed consideration of Clause 68 and the motion of Karen Kraft Sloan - That Bill C-32, in Clause 68, be amended by striking lines 23 to 46 on page 39 and lines 1 to 18 on page 40 and substituting the following therefore:
"one of the Ministers shall
(a) collect or generate data and conduct investigations respecting any matter in relation to a substance including, without limiting the generality of the foregoing,
(i) the capacity of short-term exposure to the substance to cause significant effects,
(ii) the potential of the substance to undergo widespread involuntary exposure to organisms in the environment,
(iii) whether the substance exhibits multiple pathways of exposure to organisms,
(iv) whether exposure to the substance is inevitable due to ongoing human activity,
(v) whether the substance causes a reduction in metabolic and defensive functions of an organism,
(vi) the probability of the substance causing delayed or latent effects over the lifetime of an organism,
(vii) whether the substance has the potential to cause the reproductive or survival impairment of an organism,
(viii) whether the presence of a substance has the potential to contribute to population failure of a species of organisms,
(ix) whether the substance could have transgenerational effects,
(x) the potential of the substance to cause disproportionate cascading effects in an organism,
(xi) whether the substance has the potential to cause false signals of viability in an organism,
(xii) quantities, uses and disposal of the substance,
(xiii) the manner in which the substance is released into the environment,
(xiv) the extent to which the substance can become dispersed and will persist in the environment, and,
(xv) the development and use of alternatives to the substance; and
(b) provide information and make recommendations respecting any matter in relation to a substance."
By unanimous consent, the amendment was withdrawn.
Karen Kraft Sloan moved, - That Bill C-32, in Clause 68, be amended by striking lines 28 to 46 on page 39 and lines 1 to 8 on page 40 and substituting the following therefore:
"(i) whether short-term exposure to the substance causes significant effects,
(ii) the potential of organisms in the environment to be widely exposed to the substance,
(iii) whether organisms are exposed to the substance via multiple pathways,
(iv) the ability of the substance to cause a reduction in metabolic functions of an organism,
(v) the ability of the substance to cause delayed or latent effects over the lifetime of an organism,
(vi) the ability of the substance to cause reproductive or survival impairment of an organism,
(vii) whether exposure to the substance has the potential to contribute to population failure of a species,
(viii) the ability of the substance to cause transgenerational effects,
(ix) quantities, uses and disposal of the substance,
(x) the manner in which the substance is released into the environment,
(xi) the extent to which the substance can be dispersed and will persist in the environment,
(xii) the development and use of alternatives to the substance,
(xiii) methods of controlling the presence of the substance in the environment, and
xiv) methods of reducing the quantity of the substance used or produced or the quantities or concentration of the substance released into the environment;"
After debate, the question was put on the amendment and it was agreed to.
By unanimous consent, Clause 68 was allowed to stand.
On Clause 342
By unanimous consent, the Committee resumed consideration of Clause 342.
Paddy Torsney moved, - That Bill C-32, in Clause 342 be amended by striking lines 6 to 10 on page 213 and substituting with the following therefore:
"342. (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before Parliament a report on the administration and enforcement of this Act for that year.
(2) The Minister shall include in the annual report a report on the research conducted under the authority of this Act during the fiscal year being reported.
The question was put on the amendment and it was agreed to.
Clause 342, as amended, carried.
At 9:05 a.m., the Vice-Chair, Karen Kraft Sloan, took the Chair.
On new Clause 329.1
Charles Caccia moved, That Bill C-32 be amended by adding after line 42 on page 208 the following new clause:
"329.1 (1) Subject to subsection (2), no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water.
(2) No person contravenes subsection (1) by depositing or permitting the deposit in any water or place of
(a) waste or pollutant of a type, in a quantity and under conditions authorized by regulations applicable to that water or place made by the Governor in Council under any other Act other than this Act; or
(b) a deleterious substance of a class, in a quantity or concentration and under conditions authorized by or pursuant to regulations applicable to that water or place or to any work or undertaking or class thereof, made by the Minister under subsection (3).
(3) The Minister may make regulations for the purpose of paragraph (2)(b) prescribing
(a) the deleterious substances or classes thereof authorized to be deposited notwithstanding subsection (1);
(b) the waters or places or classes thereof where any deleterious substances or classes thereof referred to in paragraph (a) are authorized to be deposited;
(c) the works or undertakings or classes thereof in the course or conduct of which any deleterious substances or classes thereof referred to in paragraph (a) are authorized to be deposited;
(d) the quantities or concentrations of any deleterious substances or classes thereof referred to in paragraph (a) that are authorized to be deposited;
(e) the conditions or circumstances under which and the requirements subject to which any deleterious substances or classes thereof referred to in paragraph (a) or any quantities or concentrations of those deleterious substances or classes thereof are authorized to be deposited in any waters or places or classes thereof referred to in paragraph (b) or in the course or conduct of any works or undertakings or classes thereof referred to in paragraph (c); and
(f) the persons who may authorize the deposit of any deleterious substances or classes thereof in the absence of any other authority, and the conditions or circumstances under which and requirements subject to which those persons may grant the authorization.
(4) A person authorized to deposit a deleterious substance by or under regulations made pursuant to subsection (3) shall, when directed in writing by the Minister, notwithstanding any regulations made pursuant to paragraph (3)(e) or any conditions set out in an authorization made pursuant to paragraph (3)(f), conduct such sampling, analyses, tests, measurements or monitoring, install or operate such equipment or comply with such procedures, and report such information, as may be required by the Minister in order to determine whether the person is depositing the deleterious substance in the manner authorized.
(5) The definitions in this subsection apply in this section.
"deleterious substance"
« substance nocive »
"deleterious substance" means
(a) any substance that, if added to any water, would degrade, alter or form part of a process of degradation or alteration of the quality of that water so that the water is rendered or is likely to be rendered deleterious to fish of fish habitat or to the use by humans of fish that frequent it, or
(b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade, alter or form part of a process of degradation or alteration of the quality of that other water so that the other water is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by humans of fish that frequent it
and, without restricting the generality of the foregoing, includes
(c) any substance or class of substances prescribed pursuant to paragraph (6)(a);
(d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration that is prescribed in respect of that substance or class of substances pursuant to paragraph (6)(b); and
(e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (6)(c).
"deposit"
« immersion » ou « rejet »
"deposit" means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing.
"fish"
« pêche »
« poissons »
"fish" includes
(a) parts of fish;
(b) shellfish, crustaceans, other marine animals and any parts of shellfish, crustaceans or marine animals; and
(c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and other marine animals.
"fish habitat"
« habitat du poisson »
"fish habitat" means spawning grounds and nursery, rearing, food supply, migration and any other areas on which fish depend directly or indirectly in order to carry out their life processes;
"waters frequented by fish"
« eaux où vivent des poissons »
"waters frequented by fish" means all Canadian fisheries waters.
Regulations for purpose of definition "deleterious substance"
(6) The Governor in Council may make regulations prescribing
(a) substances and classes of substances,
(b) quantities or concentrations of substances and classes of substances in water, and
(c) treatments, processes and changes of water
for the purpose of paragraphs (c) to (e) of the definition "deleterious substance" in subsection (5)."
After debate, the question was put on the amendment and it was negatived on the following recorded division:
YEAS: 3
|
Charles Caccia |
Yvon Charbonneau |
Joe Jordan |
NAYS: 10
|
Gar Knutson |
Ailleen Carroll |
Karen Redman |
|
Beth Phinney |
Paddy Torsney |
Rick Casson |
|
Bill Gilmour |
Paul Forseth |
Jocelyne Girard-Bujold |
|
John Herron |
|
|
At 10:14 a.m., Charles Caccia took the Chair.
On Clause 116
By unanimous consent, the Committee resumed consideration of Clause 116.
John Herron moved, - That Bill C-32, in Clause 116, be amended by striking 11 to 13 on page 84 and substituting the following therfore:
"of substances that, if added to any waters in sufficient quantities, provides nourishment that promotes the growth of aquatic vegetation in those waters to such densities as to degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by human beings or by any animal, fish or plant."
After debate, the question was put on the amendment and it was negatived.
On Clause 122
By unanimous consent, the Committee resumed consideration of Clause 122.
Paddy Torsney moved, - That Bill C-32, in Clause 122, be amended by striking in the French version, line 17 on page 88 and substituting the following therefore:
"(i) les rejets, directs ou indirects, provenant de"
After debate by unanimous consent, the amendment was withdrawn.
Clause 122 was allowed to stand.
On Clause 166
By unanimous consent, the Committee resumed consideration of Clause 166.
Paddy Torsney moved, - That Bill C-32, in Clause 166, be amended by
(a) striking, in the English version, line 32 on page 117 and substituting with the following:
"(a) consult with the government responsi-"
(b) striking, in the English version line 37 on page 117 and substituting with the following:
"(b) if the government referred to in paragraph"
After debate, the question was put on the amendment and it was agreed to.
By unanimous consent, Clause 166 was allowed to stand.
On Clause 332
By unanimous consent, the Committee resumed consideration of Clause 332.
Joe Jordan moved, - That Bill C-32, in Clause 332, be amended by striking lines 5 and 6 on page 210 and substituting with the following therefore:
"except a list or an amendment to a list"
After debate, the question was put on the amendment and it was agreed to.
Karen Kraft Sloan moved, - That Bill C-32, in Clause 332, be amended by deleting lines 24 to 28 on page 210.
After debate, the question was put on the amendment and it was agreed to.
Schedule II carried
On Schedule III
Paddy Torsney moved, - That Bill C-32 be amended by striking out Schedule 3 on pages 221 and 222 and substituting the following therefore:
"SCHEDULE 3
(Sections 100 to 103)
EXPORT CONTROL LIST
PART 1
PROHIBITED SUBSTANCES
1. Mirex (Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane)
2. Polybrominated Biphenyls that have the molecular formula C12H10-nBrn in which "n" is greater than 2
3. Polychlorinated Terphenyls that have the molecular formula C18H14-nCln in which "n" is greater than 2
4. Alachlor (2-chloro-2¢ , 6¢ -diethyl-N-methoxymethyl acetanilide)
5. Leptophos (O-(4-bromo-2,5-dichlorophenyl) O-methyl-phenylphosphonothioate)
6. Phosphamidon (2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl phosphate)
7. Cyhexatin (tricyclohexyltin hydroxide)
8. 2,3,4,5-bis(2-butylene)tetrahydro-2-furfural
9. Bis(chloromethyl) ether that has the molecular formula C2H4Cl2O
10. Chloromethyl methyl ether that has the molecular formula C2H5ClO
PART 2
SUBSTANCES SUBJECT TO NOTIFICATION OR CONSENT
Note: In this Part, "CAS" denotes Chemical Abstracts Service registry number.
1. 2,4,5,-T (CAS 93-76-5)
2. Aldrin (CAS 309-00-2)
3. Captafol (CAS 2425-06-1)
4. Chlordane (CAS 57-74-9)
5. Chlordimeform (CAS 6164-98-3)
6. Chlorobenzilate (CAS 510-15-6)
7. DDT (CAS 50-29-3)
8. Dieldrin (CAS 60-57-1)
9. Dinoseb and dinoseb salts (CAS 88-85-7)
10. 1,2-dibromoethane (EDB) (CAS 106-93-4)
11. Fluoroacetamide (CAS 640-19-7)
12. HCH (mixed isomers) (CAS 608-73-1)
13. Heptachlor (CAS 76-44-8)
14. Hexachlorobenzene (CAS 118-74-1)
15. Lindane (CAS 58-89-9)
16. Mercury compounds, including inorganic mercury compounds, alkyl mercury compounds and alkyloxyalkyl and aryl mercury compounds
17. Pentachlorophenol (CAS 87-86-5)
18. Monocrotophos (Soluble liquid formulations of the substance that exceed 600 g active ingredient / L) (CAS 6923-22-4)
19. Methamidophos (Soluble liquid formulations of the substance that exceed 600 g active ingredient / L) (CAS 10265-92-6)
20. Methyl-parathion (emulsifiable concentrates (EC) with 19.5%, 40%, 50%, 60% active ingredient and dusts containing 1.5%, 2% and 3% active ingredient) (CAS 298-00-0)
21. Parathion (all formulations - aerosols, dustable powder (DP), emulsifiable concentrate (EC), granules (GR) and wettable powders (WP) - of this substance are included, except capsule suspensions (CS)) (CAS 56-38-2)
22. Crocidolite (CAS 12001-28-4)
23. Polychlorinated biphenyls (PCB) (CAS 1336-36-3)
24. Tris (2,3-dibromopropyl) phosphate (CAS 126-72-7)
PART 3
RESTRICTED SUBSTANCES
1. Chlorofluorocarbon: totally halogenated chlorofluorocarbons that have the molecular formula CnClxF(2n+2-x)
2. Allyl alcohol (2-propen-1-ol)
3. Carbon tetrachloride (tetrachloromethane)
4. DBCP (1,2-dibromo-3-chloropropane)
5. Ethylene dibromide (1,2-dibromoethane)
6. Ethylene dichloride (1,2-dichloroethane)
7. Endrin (1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8, 8a-octahydro-exo-5,8-dimethanonaphthalene)
8. Lead arsenate that has the molecular formula PbHAs04, and its basic form that has the molecular formula Pb4(PbOH)(As04)3
9. Strychnine (2,4a,5,5a,7,8,15,15a,15b,15c,decahydro-4, 6-methano-6H,14H-indolo[3,2,1-ii]oxepino[2,3,4-de]pyrrolo[2,3-h]quinolin-14-one)
10. Bromochlorodifluoromethane that has the molecular formula CF2BrCl
11. Bromotrifluoromethane that has the molecular formula CF3Br
12. Dibromotetrafluoroethane that has the molecular formula C2F4Br2
13. Tetraethyl lead
14. Tetramethyl lead"
After debate, the question was put on the amendment and it was agreed to.
Schedule III, as amended, carried.
Schedule IV carried.
Schedule V carried.
On Schedule VI
Paddy Torsney moved, That That Bill C-32, in Schedule 6, be amended by
(a) striking out the first line of item 1 on page 225 and substituting the following therefore:
"1. This Schedule shall be applied with a view that acceptance"
(b) striking out the second line of item 2 on page 225 and substituting the following therefore:
"shall, as appropriate, include an evaluation of"
(c) striking out the fifth line of item 6 on page 226 and substituting the following therefore:
"availability of other means of disposal shall be considered"
(d) striking out the first line of item 15 on page 227 and substituting the following therefore:
"15. Each assessment shall conclude with a statement supporting a"
(e) striking out the first line of item 18 on page 228 and substituting the following therefore:
"18. Disposal sites shall be reviewed at regular intervals, taking into"
After debate, the amendment and Schedule VI, by unanimous consent, were allowed to stand.
On Clause 65
By unanimous consent, the Committee resumed consideration of Clause 65.
Paddy Torsney moved, - That Bill C-32, in clause 65 as amended, be amended in its French version by striking out paragraph (3) and substituting the following therefore:
(3) En vue de la quasi-élimination d'une substance, les ministres fixent par règlement la quantité ou la concentration dans lesquelles une substance peut être rejetée dans l'environnement, seule ou combinée à une autre substance provenant de quelque source ou type de source que ce soit et, pour ce faire, tiennent compte de tout facteur ou renseignement prévu par l'article 91, notamment les risques d'atteinte à l'environnement ou à la santé, ainsi que toute autre question d'ordre social, économique ou technique pertinente.»
After debate, the question was put on the amendment and it was agreed to.
Clause 65, as amended, carried.
On Clause 73
By unanimous consent, the Committee resumed consideration of Clause 73.
Paddy Torsney moved, - That Bill C-32, in Clause 73, be amended by striking out line 41 on page 42 and substituting the following therefore:
"herently harmful to human beings or to non-human organisms, as"
After debate, by unanimous consent, the amendment and the debate were allowed to stand.
At 12:28 p.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee