ENSU Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 96
Tuesday, February 9, 1999
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, Jocelyne Girard-Bujold, John Herron, Karen Kraft Sloan, Rick Laliberté, David Pratt, Paddy Torsney.
Acting Members present: Gar Knutson for Sarkis Assadourian, Denis Coderre for Yvon Charbonneau, Carolyne Bennett for Joe Jordan.
Associate Member present: Clifford Lincoln.
In attendance: From the Committees and Legislative Services Directorate : Marc Toupin. From the Library of Parliament: Monique Hébert and Christine Labelle, 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; Nadine Levin, Senior Policy Adviser, 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 9:12 a.m., the Committee resumed consideration of Clause 247 and the amendment of Jocelyne Girard-Bujold, - 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."
By unanimous consent, the amendment and Clause 247 were allowed to stand.
At 9:17 a.m., the Committee discussed its future business.
It was agreed, - That the Secretary of State (Agriculture and Agri-Food, Fisheries and Oceans) and the Commissioner of Aquaculture appear in relation to the Committee's study of Bill C-32.
It was agreed, - That the Committee hold a working lunch on Monday, February 15 with Dr. Arthur J. Carty, President, National Research Council.
The Chair gave notice of a motion to consider Committee participation at a conference entitle "À l'aube de l'an 2000, vision d'avenir en environnement" to take place March 12 in Sherbrooke.
The Chair gave notice of a motion to consider Pesticide Management in Canada as a future subject of study by the Committee.
The Committee resumed Clause by Clause consideration of the Bill C-32.
On Clause 122.
At 9:27 a.m., by unanimous consent, the Committee reverted to Clause 122.
Rick Laliberté moved, - That Clause 122 be amended by striking out line 24 on page 88 and substituting the following therefore:
"(g) a disposal that is"
After debate, by unanimous consent, the amendment and Clause 122 were allowed to stand.
On Clause 127.
The Committee reverted to Clause 127.
John Herron moved, - That Clause 127 be amended
(a) by striking out line 22 on page 93 and substituting the following therefore:
"127. (1) Subject to subsection (2.1), the Minister may, on application,"
(b) by adding after line 30 on page 93 the following:
"(b.1) be accompanied by evidence that the disposal described in the application is the only feasible method of disposal available to the applicant;"
(c) by adding after line 38 on page 93 the following:
"(2.1) The Minister shall not issue a permit under subsection (1) unless he or she is satisfied that the evidence that accompanies the application under paragraph (2)(b.1) establishes that the disposal described in the application is the only feasible method of disposal available to the applicant."
After debate, by unanimous consent, the amendment was withdrawn.
Rick Laliberté moved, - That Clause 127 be amended by striking out line 41 on page 93 and substituting the following therefore:
"Schedule 6 and shall take into account the applicant's adherence to the pollution prevention principle and requirements under subsection (2) and any"
After debate, the question was put on the amendment and by a show of hands was negatived.
Clause 127 carried.
On Clause 133.
The Committee reverted to Clause 133.
Rick Laliberté moved, - That Clause 133 be amended by striking out line 1 on page 97 and substituting the following therefore:
"(b) in every other case, at least 60 days"
Denis Coderre moved, - That the amendment be further amended by replacing the number "60" with "30".
The question was put on the amendment to the amendment and it was agreed to.
The question was put on the amendment, as amended, and it was agreed to.
Clause 133, as amended, carried.
On Clause 134.
The Committee reverted to Clause 134.
Rick Laliberté moved, - That Clause 134 be amended by striking out line 17 on page 97 and substituting the following therefore:
"(1) shall be filed within 30 days after"
After debate, the question was put on the amendment and it was agreed to.
Clause 134, as amended, carried.
Clause 149 was allowed to stand.
On Clause 166.
The Committee reverted to Clause 166.
Bill Gilmour moved, - That Clause 166 be amended by striking out line 20 on page 117 and substituting the following therefore:
"(3) only if the Ministers have evidence"
The question was put on the amendment and it was negatived.
John Herron moved, - That Clause 166 be amended by striking out line 23 on page 117 and substituting the following therefore:
"be anticipated to contribute to"
The question was put on the amendment and it was agreed to.
Aileen Carroll moved, - That Clause 166 be amended
(a) by striking out lines 31 and 32 on page 117 and substituting the following therefore:
"is not a federal source, the Minister
(a) may consult with any government responsi-"
(b) by striking out line 37 on page 117 and substituting the following therefore:
"(b) may, if a government referred to in paragraph"
By unanimous consent, the amendment was allowed to stand.
By unanimous consent, Clause 166, as amended, was allowed to stand.
On Clause 167.
The Committee reverted to Clause 167.
John Herron moved, - That Clause 167 be amended by striking out line 24 on page 118 and substituting the following therefore:
"contribute to air pollution referred to in subsection"
The question was put on the amendment and it was agreed to.
Clause 167, as amended, carried.
Clause 173 was allowed to stand.
On Clause 176.
The Committee reverted to Clause 176.
Paddy Torsney moved, - That Clause 176 be amended by
(a) striking out line 42 on page 124 and lines 1 to 3 on page 125 and substituting the following therefore:
"does not do so, the Minister shall take at least one of the following courses of action:
(a) publish a notice under subsection 56(1); or
(b) recommend regulations to the Governor in Council for the purpose of preventing, controlling or correcting the water pollution."
(b) striking out line 12 on page 125 and substituting the following therefore:
"(5) When recommending regulations under paragraph (3) (b), the"
The question was put on the amendment and it was agreed to.
Rick Laliberté moved, - That Clause 176 be amended by striking out, in the English version, line 11 on page 125 and substituting the following therefore:
"and (3)."
The question was put on the amendment and it was agreed to.
By unanimous consent, Clause 176, as amended, was allowed to stand.
On Clause 183.
The Committee reverted to Clause 183.
Rick Laliberté moved, - That Clause 183 be amended by striking out lines 4 to 13 on page 130 and substituting the following therefore:
"within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger."
By unanimous consent, the amendment and Clause 183 were allowed to stand.
On Clause 186.
The Committee reverted to Clause 186.
Rick Laliberté moved, - That Clause 186 be amended by striking out line 9 on page 132 and substituting the following therefore:
"ronment, the Minister shall, with the approval"
After debate, the question was put on the amendment and it was negatived.
Clause 186 carried.
On Clause 187.
The Committee reverted to Clause 187.
Rick Laliberté moved, - That Clause 187 be amended by striking out lines 19 to 23 on page 132 and substituting the following therefore:
"187. After the Minister receives a notification of the proposed import, export or transit of a waste or material referred to in subsection 185(1), the Minister shall publish by a means of communication capable of reaching the communities that will be affected by one of the activities referred to in subsection 185(1) and in the Canada Gazette, or in any other manner that"
The question was put on the amendment and it was negatived.
Clause 187 carried.
At 11:02 a.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee