ENVI Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 5

Thursday, November 21, 2002

The Standing Committee on Environment and Sustainable Development met at 10:15 a.m. this day, in Room 269, West Block, the Chair, The Hon. Charles L. Caccia, presiding.

Members of the Committee present: Bernard Bigras, The Hon. Charles L. Caccia, Joe Comartin, John Herron, Nancy Karetak-Lindell, Karen Kraft Sloan, Gary Lunn, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer, Alan Tonks.

Acting Members present: Larry Bagnell for Rich Laliberté, Sue Barnes for Andy Savoy, C. Duplain for Hélène Scherrer, Brian Fitzpatrick for Bob Mills.

In attendance: From the Research Branch of the Library of Parliament: Kristen Douglas and Tim Williams, analysts.

Witnesses: From the Canadian Environmental Assessment Agency: Robert G. Connelly, Vice-President, Policy Development; Heather Smith, Senior Counsel, Legal Services.

Pursuant to its Order of Reference of Monday, October 7, 2002, the Committee resumed consideration of Bill C-9, An Act to amend the Canadian Environmental Assessment Act (See Minutes of Proceedings, Thursday, November 7, 2002, Meeting No. 2).

Gary Lunn moved, -- That prior to a vote in the House, this committee study the Government's implementation plan for the Kyoto Protocol, which should be easily understood by Canadians, set out its benefits, and indicate how the targets are to be reached and at what costs, as called for in the motion adopted by the House on October 24, 2002.

That this matter supersede all other matters before this committee.

If necessary that a department official appear before this committee and discuss with it any steps, information and costs associated with the ratification of the Kyoto Accord.

After debate, the motion was defeated by a show of hands.

The Committee proceeded to Clause-by-Clause consideration of the Bill.

The Chair called Clause 10.

On new Clause ( 16.3 )

Gary Lunn moved, -- That Bill C-9 be amended by adding after line 28 on page 10 the following new clause:

"16.3 The responsible authority shall document and make available to the public, pursuant to subsection 55(1), its determinations pursuant to section 20 or 21.1(1)."

After debate, the question being put on the amendment, it was adopted.

New Clause ( 16.3 ) carried.

Joe Comartin moved, -- That Bill C-9, in Clause 10, be amended by replacing line 41 on page 10 and line 1 on page 11 with the following:

"stances, or where required by regulation, the responsible authority shall"

After debate, the question being put on the amendment, it was adopted.

Joe Comartin moved, -- That Bill C-9, in Clause 10, be amended by replacing lines 2 and 3 on page 11 with the following:

"give the public adequate notice and an opportunity to examine and comment on the screening report and on any record relating to the project that has been included in the Registry before"

After debate, the question being put on the amendment, it was adopted.

Joe Comartin moved, -- That Bill C-9, in Clause 10, be amended by adding after line 7 on page 11 the following:

"(3.1) Where aboriginal or treaty rights may be affected by the responsible authority taking a course of action under section 20, the responsible authority shall, before taking the course of action, give to the relevant aboriginal authorities adequate notice and an opportunity to examine and comment on the screening report and on any record relating to the project that has been included in the Registry."

After debate, the question being put on the amendment, it was negatived by a show of hands.

Gary Lunn moved, -- That Bill C-9, in Clause 10, be amended by adding after line 12 on page 11 the following:

"(5) The responsible authority may establish reasonable time limits for members of the public to indicate their interest in participating in the screening, as well as reasonable time limits for the conduct of the screening and the receipt of comments from the public in respect of the screening."

After debate, the question being put on the amendment, it was negatived by a show of hands.

After debate, Clause 10, as amended, carried.

On Clause 11,

John Herron moved, -- That Bill C-9, in Clause 11, be amended

(a) by deleting lines 15 to 41 on page 11 and lines 1 to 6 on page 12.

(b) by replacing line 10 on page 12 with the following:

"to which it relates and a description of how a"

(c) by deleting lines 13 to 46 on page 12.

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

Karen Redman moved, -- That Bill C-9, in Clause 11, be amended by replacing, in the French version, lines 17 and 18 on page 11 with the following:

"l'Agence peut désigner tout rapport comme rapport d'examen préalable"

The question being put on the amendment, it was adopted.

Bernard Bigras moved, -- That Bill C-9, in Clause 11, be amended by replacing line 6 on page 12 with the following:

"filed under subparagraph (a)(iii) and include in the Registry any comments filed by the public."

The question being put on the amendment, it was adopted.

After debate, Clause 11, as amended, carried.

On Clause 12,

Karen Kraft Sloan moved, -- That Bill C-9, in Clause 12, be amended by replacing line 4 on page 13 with the following:

"12. (1) Subsection 20(1) of the Act is replaced by the following:

20. (1) The responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the screening report and any comments filed pursuant to subsection 18(3):

(a) subject to subparagraph (c)(iii), where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the responsible authority has reasonable grounds to anticipate that the project will make a positive overall contribution to the environment in the longer term and will not cause significant adverse environmental effects, the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out and shall ensure that any mitigation measures that the responsible authority considers appropriate are implemented;

(b) where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the responsible authority has reasonable grounds to anticipate that the project will cause significant adverse environmental effects or will not make a positive overall contribution to the environment in the longer term, the responsible authority shall not exercise any power or perform any duty or function conferred on it by or under any Act of Parliament that would permit the project to be carried out in whole or in part; or

(c) refer the project to the Minister for a referral to a mediator or a review panel in accordance with section 29, where

(i) the responsible authority is uncertain, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, whether the project will cause significant adverse environmental effects or will make a positive contribution to the environment in the longer term, or

(ii) public concerns warrant a reference to a mediator or review panel.

(2) Subsection 20(3) of the Act is replaced"

After debate, the question being put on the amendment, it was negatived by a show of hands.

Julian Reed moved, -- That Bill C-9, in Clause 12, be amended by replacing lines 4 to 13 on page 13 with the following:

"12. (1) Paragraph 20(1)(a) of the Act is replaced by the following:

(a) subject to subparagraph (c)(iii), where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is not likely to cause significant adverse environmental effects, the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part;

(2) Subsections 20(2) and (3) of the Act are replaced by the following:

(1.1) Mitigation measures that may be taken into account under subsection (1) by a responsible authority are not limited to measures within the legislative authority of Parliament and include

(a) any mitigation measures whose implementation the responsible authority can ensure; and

(b) any other mitigation measures that it is satisfied will be implemented by another person or body.

(2) When a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, with respect to any mitigation measures it has taken into account and that are described in paragraph (1.1)(a), ensure their implementation in any manner that it considers necessary and, in doing so, it is not limited to its duties or powers under any other Act of Parliament.

(2.1) A federal authority shall provide any"

The question being put on the amendment, it was adopted.

After debate, Clause 12, as amended, stood.

Clause 13 stood.

Clause 14 stood.

On Clause 15,

Gary Lunn moved, -- That Bill C-9, in Clause 15, be amended by adding after line 30 on page 15 the following:

"(5) Where the mediation results in a written agreement among some or all of the parties to the mediation, the agreement shall be final and binding among the parties who signed the agreement."

After debate, by unanimous consent, the motion was withdrawn.

After debate, Clause 15 stood.

Clause 16 carried.

On Clause 17,

Karen Redman moved, -- That Bill C-9, in Clause 17, be amended by replacing, in the French version, line 41 on page 15 with the following:

"titre du paragraphe (1) lui causerait directe-"

The question being put on the amendment, it was adopted.

Clause 17, as amended, carried.

On Clause 18,

Julian Reed moved, -- That Bill C-9, in Clause 18, be amended

(a) by adding after line 24 on page 16 the following:

"(1.1) The portion of paragraph 37(1)(a) of the Act after subparagraph (ii) is replaced by the following:

the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part; or"

(b) by replacing lines 5 to 12 on page 17 with the following:

"(2.1) Mitigation measures that may be taken into account under subsection (1) by a responsible authority are not limited to measures within the legislative authority of Parliament and include

(a) any mitigation measures whose implementation the responsible authority can ensure; and

(b) any other mitigation measures that it is satisfied will be implemented by another person or body.

(2.2) When a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, with respect to any mitigation measures it has taken into account and that are described in paragraph (2.1)(a), ensure their implementation in any manner that it considers necessary and, in doing so, it is not limited to its duties or powers under any other Act of Parliament.

(2.3) A federal authority shall provide any"

The question being put on the amendment, it was adopted.

Clause 18, as amended, stood.

On Clause 19,

John Herron moved, -- That Bill C-9, in Clause 19, be amended

(a) by replacing lines 33 and 34 on page 17 with the following:

"program and ensure its"

(b) by replacing lines 39 and 40 on page 17 with the following:

"project and ensure its"

After debate, the question being put on the amendment, it was adopted.

At 11:55 a.m., the Committee adjourned to the call of the Chair.

Eugene Morawski
Clerk of the Committee