ENSU Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 98
Thursday, February 11, 1999
The Standing Committee on Environment and Sustainable Development met at 9:13 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, Paul Forseth, Roger Gallaway, Jocelyne Girard-Bujold, John Herron, Joe Jordan, Karen Kraft Sloan, Paddy Torsney.
Acting Members present: Gar Knutson for Sarkis Assadourian, Benoit Serre for Sarkis Assadourian, Denis Paradis for David Pratt.
Associate Member present: Clifford Lincoln.
In attendance: From the Committees and Legislative Services Directorate : Marc Toupin, Legislative Clerk. 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.
At 9:13 a.m., by unanimous consent, Yvon Charbonneau moved, - That the Secretary of State, Agriculture and Agrifood, Fisheries and Oceans, be requested to prepare a report to the Committee on the implementation of the Commitments set out in the 1995 Federal Aquaculture Development Strategy.
After debate, the question was put on the motion and it was agreed to.
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).
At 9:21 a.m., the Committee proceeded to Clause-by-Clause consideration of the Bill.
The witnesses answered questions.
On Clause 176.
By unanimous consent, the Committee reverted to Clause 176.
Jocelyne Girard-Bujold moved, - That Clause 176 be amended by striking out in the French version, lines 1 to 7 on page 125 and substituting the following therefore:
"(4) Si le pays étranger en cause n'a pas accordé au Canada, en matière de lutte contre la pollution des eaux, ou de correction ou de prévention de celle-ci, des droits similaires à ceux qui lui sont accordés par la présente section, le ministre détermine s'il lui incombe d'intervenir en appliquant les paragraphes (2) ou (3)."
The question was put on the amendment and it was agreed to.
Clause 176, as amended, carried.
On Clause 188.
The Committee reverted to Clause 188.
John Herron moved, - That Clause 188 be amended by striking out lines 35 and 36 on page 132 and substituting the following therefore:
"188. (1) For the purpose of reducing or phasing out the export of hazardous waste or prescribed non-hazardous waste for"
After debate, the question was put on the amendment and it was agreed to.
Clause 188, as amended, carried.
On Clause 189.
The Committee reverted to Clause 189.
John Herron moved, - That Clause 189 be amended by striking out lines 14 and 15 on page 133 and substituting the following therefore:
"regulations."
The question was put on the amendment and it was negatived.
Clause 189 carried.
On Clause 194.
The Committee reverted to Clause 194.
Paddy Torsney moved, - That Clause 194 be amended
(a) by striking out line 14 on page 135 and substituting the following therefore:
"194. (1) For the purposes of this Part, any"
(b) by adding after line 26 on page 135 the following:
"(2) This Part does not apply to environmental emergencies caused by or otherwise attributable to a discharge or anticipated discharge of oil from a ship as defined under the Canada Shipping Act."
After debate, by unanimous consent, the amendment and the Clause were stood.
On Clause 196.
The Committee reverted to Clause 196.
John Herron moved, - That Clause 196 be amended by striking out line 3 on page 136 and substituting the following therefore:
"196. The Minister shall issue guidelines and"
After debate, the question was put on the amendment and it was negatived.
Clause 196 carried.
Clause 197 was allowed to stand.
On Clause 199.
The Committee reverted to Clause 199.
Jocelyne Girard-Bujold moved, - That Clause 199 be amended by striking out lines 26 to 36 and substituting the following therefore:
"199. (1) Where the Minister is of the opinion that a person or class of persons should prepare or implement an environmental emergency plan respecting the prevention of, preparedness for, response to or recovery from an environmental emergency in respect of a substance or group of substances specified on the List of Toxic Substances in Schedule 1, the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring the person or class of persons to prepare or implement an environmental emergency plan."
The question was put on the amendment and it was negatived.
Karen Kraft Sloan moved, - That Clause 199 be amended by striking out line 31 on page 136 and substituting the following therefore:
"prepare and implement and environmental emer-"
After debate, the question was put on the amendment and it was agreed to.
Karen Kraft Sloan moved, - That Clause 199 be amended by striking out lines 34 to 36 on page 136 and substituting the following therefore:
"an environmental emergency 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 agreed to: YEAS: 5, NAYS: 4.
Jocelyne Girard-Bujold moved, - That Clause 199 be amended by striking out line 37 on page 136 and substituting the following therefore:
"(2) The notice shall specify"
The question was put on the amendment and it was agreed to.
Paddy Torsney moved, - That Clause 199 be amended by striking out line 35 on page 137 and substituting the following therefore:
"(7) The Minister shall publish in the Canada"
The question was put on the amendment and it was negatived.
Clause 199, as amended, carried.
Clause 200 was allowed to stand.
Clause 202 was allowed to stand.
On Clause 207.
The Committee reverted to Clause 207.
John Herron moved, - That Clause 207 be amended by striking out lines 17 to 28 on page 144 and substituting the following therefore:
"(b) federal works and undertakings;
(c) aboriginal land, federal land, persons on that land and other persons in so far as their activities involve that land; and
(d) Crown corporation, as defined in subsection 83(1) of the Financial Administration Act."
After debate, the question was put on the amendment and it was agreed to.
Clause 207, as amended, carried.
At 11:07 a.m., the Committee adjourned to the call of the Chair.
Stephen Knowles
Clerk of the Committee