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MINUTES OF PROCEEDINGS

Meeting No. 85

Wednesday, November 25, 1998

The Standing Committee on Environment and Sustainable Development met at 3:34 p.m. this day, in Room 209, West Block, the Chair, Charles Caccia, presiding.

Members of the Committee present: Gérard Asselin, Charles Caccia, Aileen Carroll, Rick Casson, Bill Gilmour, John Herron, Joe Jordan, Karen Kraft Sloan, Rick Laliberté, David Pratt, Paddy Torsney.

Acting Members present: John Finlay for Roger Gallaway, John Richardson for Sarkis Assadourian, Gar Knutson for Yvon Charbonneau, Clifford Lincoln for Sarkis Assadourian, John Maloney for Aileen Carroll.

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)

Bill Gilmour gave notice of a motion concerning the submission of amendments for Bill C-32.

At 3:48 p.m., the sitting was suspended.

At 3:53 p.m., the sitting resumed.

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

At 3:53 p.m. the Committee resumed consideration of Clause 56.

On Clause 56.

Rick Laliberté moved, - That Clause 56 be amended by striking out line 18 on page 33 and substituting the following therefore:

"(2) The notice shall specify"

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

By unanimous consent, Karen Kraft Sloan moved, - That Clause 56 be amended by striking out line 17 on page 33 and substituting the following therefore:

"56. (1) The Minister may, at any time, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice to prepare and implement a pollution prevention plan in respect of

(a) a substance or group of substances on the List of Toxic Substances in Schedule 1; or

(b) a substance or group of substances in relation to which there has been published in the Canada Gazette

(i) a statement of the Ministers under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, is a recommendation that the substance be added to the List of Toxic Substances in Schedule 1, or

(ii) a copy of an order proposed to be made under subsection 90(1)."

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

By unanimous consent, Rick Laliberté moved, - That Clause 56 be amended by striking out line 9 on page 33 and substituting the following therefore:

"56. (1) The Minister shall"

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

Clause 56, as amended, carried.

Clause 57 carried.

Clause 58 carried.

Clause 59 carried.

On Clause 60.

Gérard Asselin moved, - That Clause 60 be amended by striking out line 27 on page 35 and substituting the following therefore:

"60. (1) The Minister shall publish in the"

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

Clause 60 carried.

On Clause 61.

Gérard Asselin moved, - That Clause 61 be amended by striking out line 3 on page 36 and substituting the following therefore:

"plan, the Minister shall publish in the Canada"

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

Clause 61 carried.

Clause 62 was allowed to stand.

Clause 63 carried.

On Clause 64.

Gérard Asselin moved, - That Clause 64 be amended by striking out lines 1 to 14 on page 37 and substituting the following therefore:

"64. (1) Subject to subsection (2), "virtual elimination" means the discontinuance of the production, use, release, export, distribution or import of a substance or group of substances."

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

Paddy Torsney moved, - That Clause 64 be amended by striking out lines 1 to 22 on page 37 and substituting the following therefore:

"64. For the purposes of this Part and Part 6, a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that

(a) have or may have an immediate or long-term harmful effect on the environment;

(b) constitute or may constitute a danger to the environment on which human life depends; or

(c) constitute or may constitute a danger in Canada to human life or health."

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

By unanimous consent, Clause 64, as amended, was allowed to stand.

On Clause 65.

Paddy Torsney moved, - That Clause 65 be amended by striking out lines 23 to 34 on page 37 and substituting the following therefore:

"65. (1) In this Part, "virtual elimination" means, in respect of a toxic substance released into the environment as a result of human activity, the ultimate reduction of the quantity or concentration of the substance in the release below the level of quantification specified by the Ministers in the List referred to in subsection (2).

(2) The Ministers shall compile a list to be known as the Virtual Elimination List, and the List shall specify the level of quantification for each substance on the List.

(3) When taking steps to achieve the virtual elimination of a substance, the Ministers shall prescribe the quantity or concentration of the substance that may be released into the environment either alone or in combination with any other substance from any source or type of source, and, in doing so, shall take into account any factor or information provided for in section 91, including, but not limited to, environmental or health risks and any other relevant social, economic or technical matters."

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

John Herron moved, - That Clause 65 be amended by adding after line 34 on page 37 the following:

"65.1 In section 65, "level of quantification" means, in respect of a substance, the lowest concentration that can be accurately measured using sensitive but routine sampling and analytical methods."

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

At 5:30 p.m., the Committee adjourned to the call of the Chair.

 

Stephen Knowles


Clerk of the Committee