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MINUTES OF PROCEEDINGS

Meeting No. 83

Thursday, November 19, 1998

The Standing Committee on Environment and Sustainable Development met at 9:12 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, Roger Gallaway, Bill Gilmour, Jocelyne Girard-Bujold, John Herron, Joe Jordan, Karen Kraft Sloan, Rick Laliberté, David Pratt, Paddy Torsney.

Acting Members present: Stan Keyes for Sarkis Assadourian, Michel Guimond for Gérard Asselin, John Richardson for Aileen Carroll, Nelson Riis for Rick Laliberté.

In attendance: From the Committees and Legislative Services Directorate : Marc Toupin and Paulette Nadeau. 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)

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

 The witnesses answered questions.

On Clause 27.

 Bill Gilmour moved, - That Clause 27 be amended by striking out line 8 on page 20 and substituting the following therefore:

"action within 20 days after first serving the"

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

Bill Gilmour moved, - That Clause 27 be amended by striking out line 9 on page 20 and substituting the following therefore:

"document on a defendant, unless the Attorney General of Canada has already been served with a copy of the document because Her Majesty in right of Canada is a defendant in the action."

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

Roger Gallaway moved, - That Clause 27 be amended by striking out lines 10 to 21 on page 20 and substituting the following therefore:

"(2) Where the plaintiff has served the Attorney General of Canada with a copy of the document originating an environmental protection action under subsection (1), the Attorney General of Canada shall participate in the action as a party and, in this capacity, has the same rights and obligations as any other party has under the rules of the court.

(3) Subsection (1) does not apply to the plaintiff where the Attorney General of Canada, on behalf of Her Majesty in right in Canada, has already been served as a defendant with a copy of the document originating an environmental protection action."

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

Clause 27, as amended, carried.

Clause 28 carried.

Clause 29 carried.

On Clause 30.

 Karen Kraft Sloan moved, - That Clause 30 be amended by striking out lines 36 to 44 on page 20 and lines 1 to 4 on page 21 and substituting the following therefore:

"(a) the defence that the alleged conduct is authorized by or under an Act of Parliament; and

(b) except with respect to Her Majesty in right of Canada or a federal source, the defence that the alleged conduct is authorized by or under a law of a government that is the subject of an order made under subsection 10(3)."

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

Jocelyne Girard-Bujold moved, - That Clause 30 be amended by striking out lines 2 to 4 on page 21 and substituting the following therefore:

"subsection 10(3)."

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

Clause 30 carried.

On Clause 31.

Karen Kraft Sloan moved, - That Clause 31 be amended by striking out line 13 on page 21 and substituting the following therefore:

"law and where an undertaking to pay damages is imposed, the amount of damages shall not exceed $500."

By unanimous consent, the amendment was allowed to stand.

Clause 31 was allowed to stand.

On Clause 32.

Jocelyne Girard-Bujold moved, - That Clause 32 be amended by striking out lines 27 and 28 on page 21 and substituting the following therefore:

"raised in the action."

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

Clause 32 carried.

Clause 33 carried.

Clause 34 carried.

Clause 35 carried.

Clause 36 carried.

Clause 37 carried.

On Clause 38.

Karen Kraft Sloan moved, - That Clause 38 be allowed to stand.

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

Clause 39 carried.

Clause 40 carried.

Clause 41 carried.

Clause 42 carried.

Clause 43 carried.

At 10:08 a.m., the sitting was suspended.

At 10:14 a.m., the sitting resumed.

By unanimous consent, the Committee reverted to Clause 43.

On Clause 43.

 Nelson Riis moved - That Clause 43 be amended by adding after line 3 on page 25, the following:

""hormone disrupting substance" means a substance having the ability to disrupt the systhesis, secretion, transport, binding, action or elimination of natural hormones in an organism that is responsible for the maintenance of homeostasis, reproduction, development or behaviour of the organism;"

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

Clause 43, as amended, carried.

On Clause 44.

 John Herron moved, - That Clause 44 be amended by striking out line 4 on page 25 and substituting the following therefore:

"44. (1) The Minister shall"

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

Jocelyne Girard-Bujold moved, - That Clause 44 be amended by striking out line 5 on page 26 and substituting the following therefore:

"(2) The Minister shall"

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

Jocelyne Girard-Bujold moved, - That Clause 44 be amended by striking out line 21 on page 26 and substituting the following therefore:

"(2) The Minister shall, in exercising the"

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

Paddy Torsney moved, - That Clause 44 be amended by adding after line 30 on page 26 the following:

"(4) The Ministers shall conduct research or studies relating to hormone disrupting substances, methods related to their detection, methods to determine their actual or likely short-term or long-term effect on the environment and human health, and preventive, control and abatement measures to deal with those substances to protect the environment and human health.

(5) In subsection (4), "hormone disrupting substance" means an exogeneous substance that causes adverse health effects in an intact organism, or its progeny, consequent to changes in endocrine function."

Debate arose theron.

At 11:07 a.m., the Committee adjourned to the call of the Chair.

Stephen Knowles


Clerk of the Committee