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MINUTES OF PROCEEDINGS

Meeting No. 82

Wednesday, November 18, 1998

The Standing Committee on Environment and Sustainable Development met at 3:41 p.m. this day, in Room 269, West Block, the Chair, Charles Caccia, presiding.

Members of the Committee present: Charles Caccia, Rick Casson, Yvon Charbonneau, Roger Gallaway, Bill Gilmour, Jocelyne Girard-Bujold, John Herron, Karen Kraft Sloan, Rick Laliberté, David Pratt, Paddy Torsney.

Acting Members present: Ian Murray for Sarkis Assadourian, Peter Adams for Roger Gallaway, Gar Knutson for Joe Jordan.

In attendance: From the Library of Parliament: Monique Hébert, Research Officer. From the Committees and Legislative Services Directorate: Marc Toupin and Paulette Nadeau, Legislative Clerks. 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 Proceeding, dated Wednesday, May 14, 1998, Meeting No. 53)

The Committee resumed to Clause-by-Clause consideration of the Bill.

The witnesses answered questions.

At 3:46 p.m., by unanimous consent, the Committee reverted to Clause 9, which had been allowed to stand and the amendment of Jocelyne Girard-Bujold, - That, Clause 9, be amended by striking out lines 19 to 22 on page 12 and substituting the following therefore:

"9. (1) The Minister shall negotiate with a government or with an aboriginal people with a view to entering into an agreement with respect to the administration of this Act."

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

Karen Kraft Sloan moved, - That Clause 9 be amended by adding after line 18 on page 13 the following:

"(9) No agreement made under this section shall limit or restrict, the carrying out of any action the Minister deems necessary for the administration and enforcement of this Act, including the conduct of inspections or investigations."

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

Clause 9, as amended, carried.

Clause 13 was allowed to stand.

Clause 14 carried.

Clause 15 carried.

On Clause 16.

Paddy Torsney moved, - That Clause 16 be amended by striking out line 7 on page 16 and substituting the following therefore:

"an enforcement officer or any person to"

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

By unanimous consent, Clause 16, as amended was allowed to stand.

On Clause 17.

Karen Kraft Sloan moved, - That Clause 17 be amended

  1. by striking out lines 35 and 36 on page 16 and substituting the following therefore:

    2. "17. (1) A person resident in Canada who is a corporation or an individual at least 18 years of age may apply"

  2. by striking out line 38 on page 16 and substituting the following therefore:

    3. "offence under this Act that the corporation or individual"

  3. by striking out line 2 on page 17 and substituting the following therefore:

"years old or a corporation and is a resident of Canada;"

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

Rick Laliberté moved, - That Clause 17 be amended

  1. by striking out lines 35 and 36 on page 16 and substituting the following therefore:

    2. "17. (1) An applicant who is at least 18 years of age or a corporation and who is a resident of Canada may apply"

  2. by striking out line 2 on page 17 and substituting the following therefore:

"years old or a corporation and a resident of Canada;"

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

John Herron moved, - That Clause 17 be amended

  1. by striking out lines 35 to 39 on page 16 and substituting the following therefore:

    2. "17. (1) An individual who is at least 18 years of age and who is a resident of Canada, or a corporation resident in Canada, may apply to the Minister for an investigation of any offence that the individual or corporation, as the case may be, alleges has occurred."

  2. by striking out lines 1 and 2 on page 17 and substituting the following therefore:

"(b) stating that the applicant who is at least 18 years of age and a resident of Canada or a corporation that is resident in Canada;"

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

Clause 17 carried.

At 4:28 p.m., the sitting was suspended.

At 4:41 p.m., the sitting resumed.

On Clause 18.

Gar Knutson moved, - That Clause 18 be amended by striking out line 15 on page 17 and substituting the following therefore:

"of the application within 20 days of the receipt and shall"

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

Clause 18, as amended, carried.

On Clause 19.

Gar Knutson moved, - That Clause 19 be amended by striking out lines 21 to 25 on page 17 and substituting the following therefore:

"applicant within 90 days on the progress of the investigation and the action, if any, that the Minister has taken or proposes to take and when the investigation has not been completed within 90 days, the Minister shall provide the applicant with a written estimate of the time required to complete the investigation."

After debate, by unanimous consent, the amendment was withdrawn.

Rick Laliberté moved, - That Clause 19 be amended by striking out line 23 on page 17 and substituting the following therefore:

"Minister has taken or proposes to take, and the Minister shall include in the report an estimate of the time required to complete the investigation or to implement the action, but a"

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

Clause 19, as amended, carried.

Clause 20 carried.

Clause 21 carried.

On Clause 22.

Paddy Torsney moved, - That Clause 22 be allowed to stand.

After debate, the question was put on the motion and it was by a show of hands agreed to: YEAS: 7; NAYS: 3.

On Clause 23.

Roger Gallaway moved, - That Clause 23 be amended by striking out lines 1 to 10 on page 19 and substituting the following therefore:

"23. (1) An environmental protection action may be brought only within a limitation period of two years beginning when the plaintiff becomes aware of the conduct on which the action is based, or should have become aware of it, but no environmental protection action shall be brought more than five years after the date on which the offence was committed.

(2) The limitation period of two years referred to in subsection (1) does not include any time following the plaintiff's application for an investigation, but before the plaintiff receives a report under subsection 21(2)."

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

Bill Gilmour moved, - That Clause 23 be amended

  1. by striking out line 6 on page 19 and substituting the following therefore:

    2. "of it, but in no case may an environmental protection action be brought five years after the day that the conduct that may be the subject of such an action, occurred."

  2. by striking out line 7 on page 19 and substituting the following therefore:

"(2) A limitation period referred to in subsection (1) does not include"

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

Clause 23 carried.

On Clause 24.

Paddy Torsney moved, - That Clause 24 be allowed to stand.

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

Clause 25 carried.

On Clause 26.

Paddy Torsney moved, - That Clause 26 be amended by striking out lines 35 to 37 on page 19 and lines 1 to 4 on page 20 and substituting the following therefore:

"action to the Minister no later than 10 days after the document originating the action is first served on a defendant, and the Minister shall give notice of the action in the Environmental Registry as soon as possible after receipt of the plaintiff's notice.

(2) In an environmental protection action,
    1. the court may order any party to the action to give notice to the Minister of any matter relating to the action, within the time specified by the court; and
    2. the Minister shall give notice of that matter in the Environmental Registry as soon as possible after receipt of the party's notice."

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

Clause 26, as amended, carried.

At 5:50 p.m., the Committee adjourned to the call of the Chair.

 

Stephen Knowles

 


Clerk of the Committee