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MINUTES OF PROCEEDINGS

Meeting No. 91

Tuesday, December 8, 1998

The Standing Committee on Environment and Sustainable Development met at 9:17 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: Gar Knutson for Sarkis Assadourian, Nancy Karetek-Lindell for Roger Gallaway, Alex Shepherd for Roger Gallaway.

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)

It was agreed, - That representatives of the aquaculture industry from both coasts and environmental organisations having studied the industry, be called to testify on Bill C-32 at the first sitting of the Committee in February, 1999.

The witnesses answered questions.

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

At 9:23 a.m., the Committee resumed consideration of Clause 87 and the amendment of Joe Jordan, - That Clause 87 be amended by adding after line 9 on page 57 the following:

"(2.1) The Ministers shall examine the substances that are on the Domestic Substances List by virtue of section 66 to determine whether an amendment should be made to the List to indicate that subsection 81(3) applies with respect to those substances."

And the amendment on the amendment of Clifford Lincoln, - That the amendment be further amended by inserting between the words "examine" and "the" the following:

"within two years of the giving of Royal Assent to this Act"

Debate arose theron.

By unanimous consent, the amendment and the amendment on the amendment were withdrawn and the Committee reverted to Clause 73.

On Clause 73.

By unanimous consent, Joe Jordan moved, - That Clause 73 be amended by

    1. striking out in the English version, line 1 on page 43 and substituting the following therefore:

      2. "(2) Where available"

    2. adding after line 8 on page 43 the following:

"(3) When categorizing substances under subsection (1), the Ministers shall examine the substances that are on the Domestic Substances List to determine whether an amendment should be made to the List to indicate that subsection 81(3) applies with respect to those substances."

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

John Herron moved, - That Clause 73 be amended by adding after line 8 on page 43 the following:

"endocrine disrupting substance" means a substance having the ability to disrupt the synthesis, secretion, transport, binding, action or elimination of natural hormones in an organism 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 on the following division:

YEAS: 4

John Herron

Rick Laliberté

Jocelyne Girard-Bujold

Karen Kraft Sloan

NAYS: 8

Gar Knutson

Aileen Carroll

Yvon Charbonneau

Joe Jordan

David Pratt

Paddy Torsney

Rick Casson

Bill Gilmour

Clause 73, as amended, carried.

On Clause 87.

Joe Jordan moved, - That Clause 87 be amended by adding after line 29 on page 57 the following:

"(5) Despite subsection (1), the Minister shall add a substance to the Domestic Substances List and, if it appears on the Non-Domestic Substances List, delete it from that List, within 120 days after the following conditions are met:

(a) the Minister has been provided with any information in respect of the substance under subsections 81(1) to (15) or section 82, any additional information or test results required under subsection 84(1), and any other prescribed information;

(b) the period for assessing the information under section 83 has expired; and

(c) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect."

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

Clause 87, as amended, carried.

Clause 88 carried.

On Clause 89.

Paddy Torsney moved, - That Clause 89 be amended by

    1. striking out line 40 on page 57 and substituting the following therefore:

      2. "(a) respecting substances or establishing"

    2. striking out lines 1 to 5 on page 58 and substituting the following therefore:

"(c) respecting the information to be provided to the Minister under subsection 81(1), (2), (3) or (4) or section 82;"

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

Joe Jordan moved, - That Clause 89 be amended by adding after line 26 on page 58 the following:

"(i.1) prescribing information that shall be provided to the Minister under subsection 87(5);"

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

Clause 89, as amended, carried.

On Clause 90.

Rick Laliberté moved, That Clause 90 be amended by striking out lines 15 to 20 on page 59 and substituting the following therefore:

"90. (1) Subject to subsection (3), where a substance is determined by the Ministers to be toxic, the substance shall, by order of the Governor in Council, be added to the List of Toxic Substances in Schedule 1."

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

Joe Jordan moved, - That Clause 90 be amended by adding after line 20 on page 59 the following:

"(1.1) In developing proposed regulations or instruments respecting preventive or control actions in relation to substances specified on the List of Toxic Substances in Schedule 1, the Ministers shall give priority to pollution prevention actions."

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

Clause 90, as amended, carried.

Clause 91 carried.

Clauses 92, 93 and 94 were allowed to stand.

At 11:17 a.m., the Committee adjourned to the call of the Chair.

 

 

Stephen Knowles
Clerk of the Committee