ENVI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 6
Tuesday, December 3, 2002
The
Standing Committee on Environment and Sustainable Development met at 9:10 a.m.
this day, in Room 371, West Block, the Chair, The Hon. Charles L. Caccia,
presiding.
Members of the Committee
present: Roy
Bailey, Bernard Bigras, The Hon. Charles L. Caccia, John Herron, Nancy
Karetak-Lindell, Karen Kraft Sloan, Gary Lunn, Karen Redman, Julian Reed, Andy
Savoy, Hélène Scherrer, Alan Tonks.
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).
The Committee proceeded to
Clause-by-Clause consideration of the Bill.
On Clause 19,
The witnesses answered
questions.
Clause 19, as amended,
stood.
Clause 20 stood.
Clause 21 carried.
On Clause 22,
Karen Kraft Sloan moved, --
That Bill C-9, in Clause 22, be amended by adding after line 6 on page 19 the
following:
"(2) Section 46 of the Act is amended by
adding the following after subsection (5):
(6) For the purposes of this section and
section 47, "project" has the same meaning as in subsection 2(1) and,
for greater certainty, includes any related physical work and construction,
operation, modification, decommissioning, abandonment or other undertaking
proposed by the proponent."
After debate, the question
being put on the amendment, it was negatived by a show of hands.
YEAS: 2 |
NAYS: 7 |
After debate, Clause 22
stood.
Clause 23 stood.
On Clause 24,
Karen Redman moved, -- That
Bill C-9, in Clause 24, be amended
(a) by replacing, in the
French version, line 31 on page 19 with the following:
"environnementaux négatifs importants "
(b) by replacing, in the French version, line 41 on page 19 with the following:
"environnementaux négatifs importants à"
The question being put on
the amendment, it was adopted.
Karen Redman moved, -- That
Bill C-9, in Clause 24, be amended by adding after line 32 on page 19 the
following:
"(1.1) Paragraph
48(1)(b) of the Act is replaced by the following:
(a.1) a park or park reserve as defined in subsection 2(1) of the Canada
National Parks Act,
(b) federal lands other than those mentioned in paragraph (a) or (a.1),
(1.2) Section 48 of the Act is amended by adding the following after subsection
(1):
Ecological integrity
(1.1) In deciding whether or not a project may cause significant adverse
environmental effects on a park or park reserve as defined in subsection 2(1)
of the Canada National Parks Act, the Minister shall take into account its
ecological integrity, as that expression is defined in that subsection."
After debate, the question
being put on the amendment, it was adopted on division.
Karen Redman moved, -- That
Bill C-9, in Clause 24, be amended by adding after line 39 on page 19 the
following:
"(2.1) Paragraph
48(3)(c) of the Act is replaced by the following:
(c) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the
party to the agreement or claim - or that party's successor - that was, or was
acting on behalf of, an aboriginal people or group, or"
The question being put on
the amendment, it was adopted.
Karen Redman moved, -- That
Bill C-9, in Clause 24, be amended by replacing lines 10 to 12 on page 20 with
the following:
"graph (1)(c) or (e)
or (2)(b), the party to the agreement or claim - or that party's successor -
that was, or was acting on behalf of, an aboriginal people or group; and"
The question being put on
the amendment, it was adopted.
Karen Kraft Sloan moved, --
That Bill C-9, in Clause 24, be amended by adding after line 17 on page 20 the
following:
“(4) Section 48 of the Act is amended by adding
the following after subsection (7):
(8) Where the minister responsible
for the administration of the Canada National Parks Act is of the
opinion that a project may cause an adverse environmental effect on a park or
on a park reserve under the Canada National Parks Act or areas under
consideration by that minister for designation as a park or a park reserve
under the Canada National Parks Act, or on wildlife that frequents such
areas, or on air or water affecting such areas, the minister shall ensure that
a comprehensive study of the environmental effects of the project on these
areas is conducted under section 21 regardless of whether the project is
described in the comprehensive study list.
(9) Where the minister responsible
for the administration of the Canada National Parks Act is of the
opinion that a project may cause a significant adverse environmental effect on
a park or on a park reserve under the Canada National Parks Act or areas
under consideration by that minister for designation as a park or a park
reserve under the Canada National Parks Act, or on wildlife that
frequents such areas, or on air or water affecting such areas, the minister
shall refer the project to a mediator or a review panel in accordance with
section 29 for an assessment of the environmental effects of the project on
those areas.
(10) Subsection (5) and sections 49, 50, 51 and
53 apply, with such modifications as the circumstances require, where authority
is exercised pursuant to subsections (8) or (9).”
After debate, the question
being put on the amendment, it was negatived on the following recorded
division:
YEAS: Karen Kraft Sloan, John Herron -- 2 |
NAYS: Nancy Karetak-Lindell, Karen Redman, Julian Reed,
Andy Savoy, Hélène Scherrer, Alan Tonks, Roy Bailey,
Gary Lunn, Bernard Bigras -- 9. |
After debate, Clause 24
stood.
On Clause 25,
John Herron moved, -- That
Bill C-9, in Clause 25, be amended by replacing lines 33 and 34 on page 20 with
the following:
“Canada or the federal
authority shall ensure, subject to any other”
After debate, the question
being put on the amendment, it was negatived by a show of hands.
YEAS: 3 |
NAYS: 6 |
After debate, Clause 25
stood.
On Clause 26,
At 11:02 a.m., the
Committee adjourned to the call of the Chair.
Eugene Morawski
Clerk of the Committee