ENSU Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 94
Wednesday, February 3, 1999
The Standing Committee on Environment and Sustainable Development met at 3:43 p.m. this day, in Room 209, West Block, the Chair, Charles Caccia, presiding.
Members of the Committee present: Charles Caccia, Rick Casson, Yvon Charbonneau, Roger Gallaway, Bill Gilmour, John Herron, Karen Kraft Sloan, David Pratt, Paddy Torsney.
Acting Members present: Beth Phinney for Sarkis Assadourian, Wayne Easter for Aileen Carroll, Gar Knutson for Aileen Carroll, Charles Habbard for Roger Gallaway, Peter Stoffer for Rick Laliberté.
In attendance: From the Committees and Legislative Services Directorate : Marc Toupin, Legislative Clerk. From the Library of Parliament: Christine Labelle and Frédéric Forges, Research Officers. 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 Clause-by-Clause consideration of the Bill.
The witnesses answered questions.
At 3:53 p.m., by unanimous consent, the Committee reverted to Clause 95.
On Clause 95.
Paddy Torsney moved, - That Clause 95 be amended by striking out line 5 on page 66 and substituting the following therefore:
"regulation made under section 92.1 or 93 or an order"
After debate, the question was put on the amendment and it was agreed to.
Clause 95, as amended, carried.
On Clause 97.
By unamimous consent, the Committee reverted to Clause 97
Paddy Torsney moved, - That Clause 97 be amended by striking out lines 32 to 35 on page 68 and substituting the following therefore:
"of a release;"
After debate, the question was put on the amendment and it was agreed to.
Clause 97, as amended, carried.
By unanimous consent, the Committee reverted to Clause 100.
On Clause 100.
Paddy Torsney moved, - That Clause 100 be amended by striking out lines 35 to 42 on page 70 and lines 1 to 5 on page 71 and substituting the following therefore:
"100. The Minister or the Ministers may, by order,
(a) add to Part 1 of the Export Control List in Schedule 3 any substance the use of which is prohibited in Canada by or under an Act of Parliament, and delete any substance from that Part;
(b) add to Part 2 of the Export Control List in Schedule 3 any substance that is subject to an international agreement that requires notification or requires the consent of the country of destination before the substance is exported from Canada, and delete any substance from that Part; and
(c) add to Part 3 of the Export Control List in Schedule 3 any substance the use of which is restricted in Canada by or under an Act of Parliament, and delete any substance from that Part."
After debate, the question was put on the amendment and it was agreed to.
Clause 100, as amended, carried.
Clause 101 was allowed to stand.
On Clause 110.
Paddy Torsney moved, - That Clause 110 be amended by striking out line 1 on page 80 and substituting the following therefore:
"within 90 days after the expiry of the period for assessing"
After debate, the question was put on the amendment and it was agreed to.
Clause 110, as amended, carried.
On Clause 114.
Paddy Torsney moved, - That Clause 114 be amended by striking out, in the English version, line 44 on page 81 and substituting the following therefore:
"(a) respecting living organisms or establish-"
After debate, the question was put on the amendment and it was agreed to.
Paddy Torsney moved, - That Clause 114 be amended by striking out, in the English version, line 7 on page 82 and substituting the following therefore:
"(c) respecting the information that shall be"
After debate, the question was put on the amendment and it was agreed to.
Clause 114, as amended, carried.
Clauses 115, 116, 117, 118 and 119 were allowed to stand.
By unanimous consent, Clause 121 was allowed to stand.
Clause 122 was allowed to stand.
Clause 123 carried.
Clause 124 carried.
Clause 125 carried.
Clause 126 carried.
Clause 127 was allowed to stand.
On Clause 128.
Paddy Torsney moved, - That Clause 128 be amended by striking out lines 31 to 34 on page 94 and substituting the following therefore:
"(5) The Minister shall
(a) offer to consult with any foreign state that is likely to be affected by the"
After debate, the question was put on the amendment and it was agreed to.
Clause 128, as amended, carried.
Clause 129 carried.
Clause 130, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
Clause 131 carried.
Clause 132 carried.
Clause 133 was allowed to stand.
Clause 134 was allowed to stand.
On Clause 135.
Bill Gilmour moved, - That Clause 135 be amended by striking out line 25 on page 97 and substituting the following therefore:
"the recommendation of the Minister and in consultation with every affected provincial government, make"
After debate, the question was put on the amendment and it was by a show of hands negatived: YEAS: 4, NAYS: 7.
Clause 135 carried.
Clauses 136, 137, 138 and 139 carried severally.
Clause 140 was allowed to stand.
Clauses 141, 142, 143 and 144 carried severally.
Clause 145 was allowed to stand.
Clause 146 carried.
Clause 147 carried.
Clause 148 carried.
Clause 149 was allowed to stand.
Clause 150 carried.
Clause 151 carried.
Clause 152 carried.
Clause 153, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
Clause 154 carried.
Clause 155 carried.
Clause 156 carried.
Clause 157 carried.
Clause 158 carried.
Clause 159 carried.
Clause 160 carried.
Clause 161 carried.
Clause 162 carried.
Clause 163 carried.
Clause 164 carried.
Clause 165 carried.
Clause 166 was allowed to stand.
Clause 167 was allowed to stand.
Clause 168 carried.
Clause 169, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
Clause 170 carried.
Clause 171 carried.
Clause 172 carried.
Clause 173 was allowed to stand.
Clause 174 carried.
Clause 175 carried.
Clause 176 was allowed to stand.
Clause 177 carried.
Clause 178 carried.
Clause 179, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
Clause 180 carried.
Clause 181 carried.
Clause 182 carried.
Clause 183 was allowed to stand.
Clause 184 carried.
On Clause 185.
Bill Gilmour moved, - That Clause 185 be amended by striking out line 6 on page 131 and substituting the following therefore:
"the prescribed fee which shall not exceed the direct cost of providing the services in respect of which the fee is payable."
After debate, by unanimous consent, the amendment was withdrawn.
Clause 185 carried.
Clause 186 was allowed to stand.
Clause 187 was allowed to stand.
Clause 188 was allowed to stand.
Clause 189 was allowed to stand.
Clause 190 carried.
Clause 191 carried.
Clause 192 carried.
Clause 193 carried.
Clause 194 was allowed to stand.
Clause 195 carried.
Clause 196 was allowed to stand.
Clause 197 was allowed to stand.
Clause 198 carried.
Clause 199 was allowed to stand.
Clause 200 was allowed to stand.
Clause 201, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
By unanimous consent, Clause 202 was allowed to stand.
Clause 203 carried.
Clause 204 carried.
Clause 205 carried.
Clause 206 carried
Clause 207 was allowed to stand.
Clause 208 was allowed to stand.
Clause 209 was allowed to stand.
Clause 210 was allowed to stand.
Clause 211 carried.
Clause 212 carried.
Clause 213, as amended on Tuesday, November 17, 1998, Meeting No. 81, was allowed to stand.
Clause 214 carried.
Clause 215 carried.
Clause 216 carried.
On Clause 217.
Paddy Torsney moved, - That Clause 217 be amended by
(a) striking out line 2 on page 153 and substituting the following therefore:
"enforcement officers or analysts for the"
(b) striking out lines 13 to 15 on page 153 and substituting the following therefore:
"(2) Every enforcement officer or analyst shall be furnished with a certificate of designation as an enforcement officer or analyst,"
(c) striking out lines 20 to 30 on page 153 and substituting the following therefore:
"(3) For the purposes of this Act and the regulations, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons."
After debate, the question was put on the amendment and it was agreed to.
Paddy Torsney moved, - That Clause 217 be amended by deleting lines 20 and 21 on page 153.
After debate, by unanimous consent, the amendment was withdrawn.
Clause 217, as amended, carried.
On Clause 218.
Paddy Torsney moved, - That Clause 218 be amended by
(a) striking out line 15 on page 155 and substituting the following therefore:
"tions that may be specified in the warrant, and authorizing any other person named therein to accompany the enforcement officer and exercise any power specified in the warrant."
(b) striking out lines 2 to 5 on page 156 and substituting the following therefore:
"subsection (3) or (4), an enforcement officer shall not use force unless the use of force has been specifically"
(c) striking out lines 8 to 10 on page 156 and substituting the following therefore:
"regulations, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped or be moved to a place where an inspection can be carried out, and may, for a reasonable time, detain"
After debate, the question was put on the amendment and it was agreed to.
Clause 218, as amended, carried.
Clause 219 carried.
On Clause 220.
Paddy Torsney moved, - That Clause 220 be amended by
(a) striking out line 26 on page 158 and substituting the following therefore:
"enforcement officer, or authorizing any"
(b) striking out line 38 on page 158 and substituting the following therefore:
"authorizing an enforcement officer, or"
(c) striking out line 7 on page 159 and substituting the following therefore:
"(4) An enforcement officer may exer-"
After debate, the question was put on the amendment and it was agreed to.
Clause 220, as amended, carried.
On Clause 221.
Paddy Torsney moved, - That Clause 221 be amended by striking out lines 38 to 41 on page 159 and lines 1 to 14 on page 160 and substituting the following therefore:
"221. (1) Any thing seized under section 220 shall be delivered into the custody of any person that the Minister directs.
(2) Where a thing seized under section 220 has cargo on board, the cargo may be discharged, under the supervision of
(a) the enforcement officer or other person by whom the thing was seized, or
(b) the person into whose custody the thing was delivered in accordance with subsection (1),
at the place in Canada that is capable of receiving the cargo and that is nearest to the place of seizure, or at any other place that is satisfactory to the enforcement officer or other person supervising the discharge of the cargo.
(3) Where a thing seized under section 220 has cargo on board that is perishable,
(a) the enforcement officer or other person by whom the thing was seized, or
(b) the person into whose custody the thing was delivered in accordance with subsection (1)
may sell the cargo or the portion of"
After debate, the question was put on the amendment and it was agreed to.
Clause 221, as amended, carried.
On Clause 222.
Paddy Torsney moved, - That Clause 222 be amended by striking out lines 28 and 29 on page 160 and substituting the following therefore:
"222. (1) Where a thing has been seized under section"
The question was put on the amendment and it was agreed to.
Clause 222, as amended, carried.
Clause 223, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
On Clause 224.
Paddy Torsney moved, - That Clause 224 be amended by deleting lines 1 to 7 on page 164.
The question was put on the amendment and it was agreed to.
Clause 224, as amended, carried.
Clause 225, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
On Clause 226.
Paddy Torsney moved, - That Clause 226 be amended by striking out line 19 on page 165 and substituting the following therefore:
"226. An enforcement officer or analyst or"
After debate, the question was put on the amendment and it was agreed to.
Clause 226, as amended, carried.
On Clause 227.
Paddy Torsney moved, - That Clause 227 be amended by
(a) striking out line 27 on page 165 and substituting the following therefore:
"place entered by an enforcement officer or"
(b) striking out line 30 on page 165 and substituting the following therefore:
"(a) give the enforcement officer or ana-"
(c) striking out line 34 on page 165 and substituting the following therefore:
"(b) provide the enforcement officer or analyst"
(d) striking out line 37 on page 165 and substituting the following therefore:
"tions that the enforcement officer or analyst may"
After debate, the question was put on the amendment and it was agreed to.
Clause 227, as amended, carried.
On Clause 228.
Paddy Torsney moved, - That Clause 228 be amended by striking out line 39 on page 165 and substituting the following therefore:
"228. While an enforcement officer or"
After debate, the question was put on the amendment and it was agreed to.
Clause 228, as amended, carried.
Clause 229, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
Clause 230 carried.
Clause 231 carried.
Clause 232 carried.
Clause 233 carried.
Clause 234 carried.
Clause 235, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
Clause 236 carried.
Clause 237, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
On Clause 238.
Paddy Torsney moved, - That Clause 238 be amended by striking out, in the English version, line 33 on page 172 and substituting the following therefore:
"enforcement officer under an order given orally under"
After debate, the question was put on the amendment and it was agreed to.
Clause 238, as amended, carried.
Clause 239, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
Clause 240 carried.
Clause 241, as amended on Tuesday, November 17, 1998, Meeting No. 81, carried.
On Clause 242.
Paddy Torsney moved, - That Clause 242 be amended by striking out, in the English version, line 21 on page 175 and substituting the following therefore:
"enforcement officers under subparagraph 235 (4) (f) (ii)"
After debate, the question was put on the amendment and it was agreed to.
Paddy Torsney moved, - That Clause 242 be amended by striking out, in the English version, line 27 on page 175 and substituting the following therefore:
"enforcement officers under subsection 237 (1) or"
After debate, the question was put on the amendment and it was agreed to.
Clause 242, as amended, carried.
Clause 243 carried.
Clause 244 was allowed to stand.
Clause 245 carried.
Clause 246 carried.
On Clause 247.
Jocelyne Girard-Bujold moved, - That Clause 247 be amended by striking out line 17 on page 176 and substituting the following therefore:
"law and, where the order to be reviewed was made in relation to aboriginal land, unless that person has been nominated by the aboriginal people concerned."
At 5:47 p.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee