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MINUTES OF PROCEEDINGS

Meeting No. 89

Wednesday, December 2, 1998

The Standing Committee on Environment and Sustainable Development met at 3:40 p.m. this day, in Room 269, West Block, the Chair, Charles Caccia, presiding.

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

Associate Member present: Clifford Lincoln.

Acting Members present: Maud Debien for Gérard Asselin, Reg Alcock for David Pratt, Robert Bertrand for Roger Gallaway, Gar Knutson for Sarkis Assadourian, John Maloney for Roger Gallaway, Lynn Myers for David Pratt.

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 witnesses answered questions.

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

On Clause 77.

At 3:43 p.m., the Committee resumed consideration of Clause 77 and the amendment of John Herron, - That Clause 77 be amended

    1. by striking out line 35 on page 45 and substituting the following therefore:

      2. "subsection (4), virtual prohibition, or under subsection (4.1) the total prohibition of the production, use and generation of a substance."

    2. by adding after line 21 on page 46 the following:

"(4.1) Where the Ministers propose to take the measure referred to in paragraph (2)(c) in respect of a substance and

(a) the Ministers are satisfied that

(i) the substance is persistent and bioaccumulative in accordance with the regulations,

(ii) the presence of the substance in the environment results primarily from human activity, and

(iii) the substance is not a naturally occurring radionuclide or substance, or

(b) the Ministers are satisfied that the substance is a hormone disrupting substance as determined by the regulations,

the ministers may propose the making of regulations under paragraph 93(1)(l) providing for the total prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product containing it."

By unanimous consent, part b. was allowed to stand.

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

Karen Kraft Sloan moved, - That Bill C-32, in Clause 77 be amended by striking out lines 42 to 45 on page 45 and lines 1 to 2 on page 46 and substituting the following therefore:

"(i) persistent and bioaccumulative in accordance with the regulations, and

(ii) inherently toxic to humans beings or non-human organisms, as determined by laboratory, or other studies, and"

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

Karen Kraft Sloan moved, - That Clause 77 be amended by striking out lines 2 to 5 on page 46 and substituting the following therefore:

"(b) the human activity is causing or contributing to the presence of the substance in the environment,"

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

Rick Laliberté moved, - That Clause 77 be amended by adding after line 2 on page 46 the following:

"(iii) a hormone disrupting substance, as determined by the regulations,"

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

Karen Kraft Sloan moved, - That Clause 77 be amended by striking out lines 14 to 19 on page 46 and substituting the following therefore:

"tions and
      1. human activity is causing or contributing to the presence of the substance in the environment,"

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

Rick Laliberté moved, - That Clause 77 be amended

    1. by striking out line 14 on page 46 and substituting the following therefore:

      2. "tions, and"

    2. by striking out line 17 on page 46 and substituting the following therefore:

      3. "activity,"

    3. by deleting lines 18 and 19 on page 46.

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

By unanimous consent, John Herron moved, - That Clause 77 be amended by adding after line 21 on page 46 the following:

"(4.1) Where the Ministers propose to take the measure referred to in paragraph (2)(c) in respect of a substance and

(a) the Ministers are satisfied that

(i) the substance is persistent and bioaccumulative in accordance with the regulations,

(ii) the presence of the substance in the environment results primarily from human activity, and

(iii) the substance is not a naturally occurring radionuclide or substance, or

(b) the Ministers are satisfied that the substance is a hormone disrupting substance as determined by the regulations,

the ministers may propose the making of regulations under paragraph 93(1)(l) providing for the total prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product containing it."

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

Paddy Torsney moved, - That Clause 77 be amended

    1. by striking out lines 39 to 46 on page 46 and lines 1 to 8 on page 47 and substituting the following therefore:

      2. "(b) a statement indicating the measure that the Ministers propose to take; and

      (c) where the measure is that referred to in paragraph (2)(c), a statement indicating the manner in which the Ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substance."

    2. by striking out line 29 on page 47 and substituting the following therefore:

"propose to take is"

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

Clause 77, as amended, carried.

Clause 78 carried.

On Clause 79.

Karen Kraft Sloan moved, - That Clause 79 be amended by deleting lines 5 to 9 on page 49.

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

Clause 79 carried.

On Clause 80.

Rick Laliberté moved, - That Clause 80 be amended by adding after line 11 on page 49 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, or its progeny that are 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 negatived.

Clause 80 carried.

On Clause 81.

Paddy Torsney moved that Clause 81 be allowed to stand.

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

Clause 81 was allowed to stand.

Clause 82 carried.

On Clause 83.

Rick Laliberté moved, - That Clause 83 be amended by striking out line 47 on page 53 and substituting the following therefore:

"toxic or whether it is a hormone disrupting substance."

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

Rick Laliberté moved, - That Clause 83 be amended by striking out line 6 on page 54 and substituting the following therefore:

"becoming toxic or whether it is a hormone disrupting substance."

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

At 5:49 p.m., the Committee adjourned to the call of the Chair.

 

Stephen Knowles


Clerk of the Committee