ENSU Committee Meeting

Meeting No. 116

Thursday, March 25, 1999

The Standing Committee on Environment and Sustainable Development met at 8:28 a.m. this day, in Room 237-C, Centre Block, the Chair, Charles Caccia, presiding.

Member of the Committee present: Gérard Asselin, Charles Caccia, Aileen Carroll, Rick Casson, Yvon Charbonneau, Bill Gilmour, Jocelyne Girard-Bujold, John Herron, Joe Jordan, Rick Laliberté, Paddy Torsney.

Acting Members present: Gar Knutson for Sarkis Assadourian; Denis Coderre for Yvon Charbonneau; Marlene Catterall for Roger Gallaway; Murray Calder for Roger Gallaway; Andy Scott for Roger Gallaway; Bernard Bigras for Jocelyne Girard-Bujold; Clifford Lincoln for Karen Kraft Sloan; Lynn Myers for David Pratt; Ivan Grose for David Pratt; Brent St-Denis for David Pratt.

In attendance: From the Committees and Legislatives Services Directorate: Marc Toupin. From the Library of Parliament: Monique Hébert and Christine Labelle, Research Officers. 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; Nadine Levin, Senior Policy Adviser, CEPA Office; James Osborne, Head, Ocean Disposal and Shellfish, Marine Environment Division.

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 8:30 a.m., the Committee resumed Clause-by-Clause consideration of the Bill.

The witnessses answered questions.

The Committee resumed consideration of the Preamble.

Paddy Torsney moved, That Bill C-32, in the preamble, be amended by striking out, in the French version, lines 31 to 37 on page 1 and subsituting the following therefore:

"prudence, si bien qu'en cas de risques de dommages graves ou irréversibles, l'absence de certitude scientifique absolue ne doit pas servir de prétexte pour remettre à plus tard l'adoption de mesures effectives visant à prévenir la dégradation de l'environnement;"

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

Bernard Bigras moved, - That Bill C-32, in the preamble, be amended by striking out line 33 on page 1 and substituting the following therefore:

"ous or irreversible damage, lack of scien-"

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

Aileen Caroll moved, - That Bill C-32, in the preamble, be amended by striking out, in the English version, line 35 on page 1 and substituting the following therefore:

"postponing effective measures to prevent"

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

John Herron moved, That Bill C-32, in the preamble, be amended by striking out line 35 on page 1 and substituting the following therefore:

"postponing measures to prevent"

After debate, the question was put on the amendment and it was negatived on the following recorded division:

YEAS: 5

 NAYS: 8

Bernard Bigras moved, - That Bill C-32, in the preamble, be amended by striking out line 21 on page 2 and substituting the following therefore:

"nizes the integral role of science, as well as the role of traditional aboriginal knowledge in the process"

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

Rick Laliberté moved, - That Bill C-32, in the preamble, be amended by striking out lines 23 to 26 on page 2 and substituting the following therefore:

"of the environment and human health;"

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

Rick Laliberté moved, Bill C-32, in the preamble, be amended by striking out lines 39 to 42 on page 2 and subsituting the following therefore:

"Whereas the Government of Canada will endeavour to remove threats to biological diversity through pollution prevention, the control and management of any adverse effects of the use and release of toxic substances and products of biotechnology, pollutants and other wastes, and the phase out of persistent toxic substances;"

Paddy Torsney moved, That the amendment be further amended by striking out "phase out of persistent" and substituting the following therefore:

"virtual elimination of persistent and bioaccumulative"

After debate, the question was put on the sub-amendment, and it was agreed to.

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

Jocelyne Girard-Bujold moved, - That Bill C-32, in the preamble, be amended by striking out line 45 on page 2 and substituting the following therefore:

"ions in respect of the environment, in particular, by the dissemination of information and the participation of the public, after having first negotiated and agreed on those obligations with the governments concerned."

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

Preamble, as amended, carried.

By unanimous consent, the Committee resumed consideration of Clause 3.

By unanimous consent, Paddy Torsney moved, - That the motion of Paddy Torsney, - "That Bill C-32, in Clause 3, be amended by

(a) striking out line 19 on page 9 and substituting the following therefore:

(b) striking out lines 25 to 31 on page 9 and substituting the following therefore:

agreed to on November 17, 1998 be rescinded.

After debate, the Clause and the motion were allowed to stand.

The Declaration carried, on division.

The Title carried, on division.

By unanimous consent, the Committee reverted to Schedule 6 which had been stood.

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended,

1. by striking out, in the English version, lines 3 and 4, section 3 on page 225 and substituting the following therefore:

"applicant shall formulate and implement a waste prevention strategy where it has jurisdiction to do so, (in collaboration with relevant local and"

2. by striking out line 8, section 3 on page 225 and substituting the following therefore:

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out line 1 of section 4 on page 225 and substituting the following therefore:

"4. For dredged material, the goal of waste management shall"

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out, in the French version, line 8 of section 7 on page 226 with the following:

"l'autre matière en cause ne doit pas être immergé."

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out, in the French version, line 1 of section 8 on page 226 with the following:

"8. Il faut caractériser les déchets ou autres matières et"

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out line 2 of section 10 on page 226 and substituting the following therefore:

"a lower level. The upper level shall be set so as to avoid as much as reasonably possible, acute or"

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out line 1 of section 12 on page 227 and substituting the following therefore:

"12. Assessment of potential effects shall lead to a concise statement"

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out line 1 of section 13 on page 227 and substituting the following therefore:

"13. The assessment for disposal shall, as appropriate, integrate information on waste"

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out line 5 of section 13 on page 227 and substituting the following therefore:

"uses of the sea. It shall, where it is reasonably appropriate to do so, define the nature, temporal and spatial"

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out line 1 of section 14 on page 227 and substituting the following therefore:

"14. An analysis of each disposal option shall be considered in light"

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out line 6 of section 14 on page 227 and substituting the following therefore:

"effects of the proposed disposal option, then this option shall not"

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out, in the French version, line 9 of section 14 on page 228 and substituting the following therefore:

"d'immersion ne doit être accordé."

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out lines 1 and 2 of section 17 on page 228 and substituting the following therefore:

"17. A decision to issue a permit shall only be made if all impact evaluations are completed where reasonably possible and the"

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

Clifford Lincoln moved, - That Bill C-32, in Schedule 6, be amended by striking out, in the French version, line 5 of section 17 on page 228 and substituting the following therefore:

"les dispositions du permis sont de nature à réduire au"

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

By unanimous consent, the Committee resumed consideration of Clause 3 and the motion of Paddy Torsney, "That Bill C-32, in Clause 3, be amended by (a) striking out line 19 on page 9 and subsituting the following therefore:

"reaction,"

(b) striking out lines 25 to 31 on page 9 and substituting the following therefore:

"ents, and

(e) any mixture that is a combination of substances and does not itself produce a substance that is different from the substances that were combined,

and, except for the purposes of sections 66, 80 to 89 and 104 to 115, includes"

agreed to on November 17, 1998 be rescinded."

After debate, the question was put on the motion and it was agreed to.

The question was put on the Bill, as amended, and it was carried on the following recorded division:

YEAS: 7

 NAYS: 3

Ordered, - That the Chair report Bill C-32, with amendments, to the House.

Ordered, - that the Bill, as amended, be reprinted for the use of the House at Report stage.

It was agreed, - That the Committee hold a luncheon today for Members and staff who worked on Bill C-32.

At 11:57 a.m., the Committee adjourned to the call of the Chair.

Stephen Knowles

Clerk of the Committee