ENSU Committee Meeting

Meeting No. 115

Tuesday, March 23, 1999

The Standing Committee on Environment and Sustainable Development met at 3:35 p.m. this day, in Room 308, West Block, the Chair, Charles Caccia, presiding.

Members of the Committee present: Charles Caccia, Aileen Carroll, Rick Casson, Roger Gallaway, Bill Gilmour, Jocelyne Girard-Bujold, John Herron, Joe Jordan, Karen Kraft Sloan, Paddy Torsney.

Acting Members present: Gar Knutson for Sarkis Assadourian; Carolyn Bennett for Roger Gallaway; Carmen Provenzano for David Pratt; Peter Stoffer for Rick Laliberté.

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, 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 3:36 p.m., the Committee resumed Clause-by-Clause consideration of the Bill.

The witnessses answered questions.

By unanimous consent, the Committee reverted to Clause 73 and the motion of Paddy Torsney, - 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"

By unanimous consent, the amendment was withdrawn.

Clause 73, as amended, carried.

By unanimous consent, the Committee reverted to Clause 64.

Paddy Torsney moved, - That Clause 64 of Bill C-32, as amended, be further amended by adding the following after the words "For the purposes of this Part and Part 6,":

except where the expression "inherently toxic appears,"

The question was put on the amendment and it was agreed to.

Clause 64, as amended, carried.

By unanimous consent, the Committee resumed consideration of Clause 330 and the amendment of Joe Jordon, That Bill C-32, in Clause 330, be amended by deleting lines 17 to 24 on page 209.

By unanimous consent, the amendment was withdrawn.

Paddy Torsney moved, - That Bill C-32, in Clause 330, be amended by striking out lines 17 to 24 on page 209 and substituting the following therefore:

"(3) Except as provided in subsection (3.1), a regulation under this Act applies throughout Canada.

(3.1) A regulation made under section 93, 140, 167 or 177 may be made applicable in only a part or parts of Canada in order to protect the environment or its biological diversity or human health."

The question was put on the amendment and it was agreed to.

Clause 330, as amended, carried.

By unanimous consent, the Committee reverted to Clause 77.

Paddy Torsney moved, - That Bill C-32, in Clause 77, be amended by striking out line 19 on page 46 and substituting the following therefore:

"radionuclide or a naturally occurring inorganic substance,"

 The question was put on the amendment and it was agreed to.

Clause 77, as amended, carried.

By unanimous consent, the Committee reverted to Clause 68.

Peter Stoffer moved, - That Bill C-32, in Clause 68, be amended by striking out line 10 on page 10 and substituting the following therefore:

"lected or generated under paragraph (a) using a weight-of-evidence approach and"

After debate, the question was put on the amendment and it was negatived.

Clause 68, as amended, carried.

By unanimous consent, the Committee resumed consideration of Clause 166.

Peter Stoffer moved, - That Bill C-32, in Clause 166, be amended by striking out line 14 on page 118 and substituting the following therefore:

"Minister may take into account comments"

After debate, the question was put on the amendment and it was negatived.

Clause 166, as amended, carried.

By unanimous consent, the Committee resumed consideration of Clause 200 and the amendment of Karen Kraft Sloan, - That Bill C-32, in 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."

By unanimous consent, the amendment was withdrawn.

Karen Kraft Sloan moved, - That Bill C-32, in Clause 200, be amended by striking out lines 5 to 7 on page 139 and substituting the following therefore:

"a matter if, by order, the Governor in Council states that it is of the opinion that

1. the matter is regulated by or under any other Act of Parliament that contains provisions that are similar in effect to sections 194 to 205; and
2. (b) that Act or any regulation made under that Act provides sufficient protection to human health and the environment or its biological diversity."

The question was put on the amendment and it was agreed to.

Clause 200, as amended, carried.

By unanimous consent, the Committee resumed consideration of Schedule VI and the amendment of Paddy Torsney, - 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 question was put on the amendment and it was agreed to.

Paddy Torsney moved, - That Bill C-32, in Schedule 6, be amended by striking out, in the French version, on the fifth line of section 3, on page 225 the words "le ministre" and substituting the following therefore:

"les organismes locaux et nationaux concernés."

The question was put on the amendment and it was agreed to.

Paddy Torsney moved, - That Bill C-32, in Schedule 6, be amended by striking out, in the French version, on the seventh line of section 4 on page 225 the words "compétents" and substituting the following therefore:

"locaux et nationaux."

The question was put on the amendment and it was agreed to.

By unanimous consent, Schedule VI, as amended, was allowed to stand.

By unanimous consent, the Committee resumed consideration of Clause 1 which had been stood.

Paddy Torsney moved, - That Bill C-32, in Clause 1 be amended by striking out line 2 on page 3 and substituting the following therefore:

"the environment (1999)."

The question was put on the amendment and it was agreed to.

Clause 1, as amended, carried.

By unanimous consent, the Committee reverted to Clause 176.

Paddy Torsney moved, - That Bill C-32, in Clause 176, be amended by

1. striking out , in the English version, line 30 on page 124 and substituting the following therefore:

"(a) consult with the government responsi-"

2. striking out, in the English version, line 35 on page 124 and substituting the following therefore:

"(b) if the government referred to in paragraph"

3. striking out, in the English version, line 39 on page 124 and substituting the following therefore:

The question was put on the amendment and it was agreed to.

Clause 176, as amended, carried.

By unanimous consent, the Committee resumed consideration of the Preamble which had been stood.

Karen Kraft Sloan moved, - That the Preamble be amended by striking out line 19 on page 1 and substituting the following therefore:

"knowledges the need to phase out the generation and use of the most persistent and bioccumulative toxic substances and the need to control and manage"

Debate arose thereon.

Paddy Torsney moved, - That the amendment be amended by striking out the words: "phase out the generation and use of" and substituting the following therefore;

"virtually eliminate"

The question was put on the amendment to the amendment and it was negatived.

The question was put on the amendment and it was agreed to.

Karen Kraft Sloan moved, - That Bill C-32, in the preamble, be amended by striking out line 27 on page 1 and substituting the following therefore:

"establishing environmentl standards, ecosystem objectives and envi-"

The question was put on the amendment and it was agreed to.

Paddy Torsney moved, - That the meeting be adjourned.

The question was put on the motion and it was negatived.

At 5:43 p.m., the Committee adjourned to the call of the Chair.

Stephen Knowles

Clerk of the Committee