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MINUTES OF PROCEEDINGS

Meeting No. 44

Tuesday, February 1, 2011

The Standing Committee on Environment and Sustainable Development met at 8:48 a.m. this day, in Room 268, La Promenade Building, the Chair, James Bezan, presiding.

Members of the Committee present: Scott Armstrong, James Bezan, Bernard Bigras, Blaine Calkins, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia, Mark Warawa and Stephen Woodworth.

Acting Members present: Robert Sopuck for Steven Blaney.

In attendance: Library of Parliament: Kristen E. Courtney, Analyst ; Tim Williams, Analyst . House of Commons: Wayne Cole, Legislative Clerk ; Mariane Beaudin, Procedural Clerk.

Pursuant to the Order of Reference of Wednesday, June 16, 2010, the Committee resumed consideration of Bill C-469, An Act to establish a Canadian Environmental Bill of Rights.

The Committee resumed clause-by-clause consideration on Clause 12 of the Bill, as amended.

Clause 12, as amended, was negatived by a show of hands: YEAS: 4; NAYS: 5.

On Clause 13,

Linda Duncan moved, — That Bill C-469, in Clause 13, be amended by adding after line 38 on page 8 the following:

“(1.1) Within 20 days of receiving an application made under subsection (1), the Commissioner shall make a record of that application and send a copy to the appropriate Minister.”

After debate, the question was put on the amendment of Linda Duncan and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Gerard Kennedy moved, — That Bill C-469, in Clause 13, be amended by replacing lines 11 to 14 on page 9 with the following:

“(5) Upon conclusion of the review and with the approval of the Commissioner, the Minister shall communicate the results of the review in writing to the party making the request.”

After debate, the question was put on the amendment of Gerard Kennedy and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

After further debate, Clause 13, as amended, carried on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

After debate, Clause 14 carried on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

After debate, Clause 15 carried on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

Linda Duncan moved, — That Bill C-469 be amended by replacing the heading "Judicial Review" before line 24 on page 10 with the following:

“Environmental Protection Action”

After debate, Stephen Woodworth moved, — That the amendment be amended by replacing the word “Action” with the word “Lawsuits”.

After debate, the question was put on the subamendment of Stephen Woodworth and it was negatived on the following recorded division: YEAS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5; NAYS: Bernard Bigras, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6.

The question was put on the amendment of Linda Duncan and it was agreed to on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

On Clause 16,

Bernard Bigras moved, — That Bill C-469, in Clause 16, be amended by deleting lines 5 to 9 on page 11.

After debate, the question was put on the amendment of Bernard Bigras and it was agreed to on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

After further debate, Clause 16, as amended, carried on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

After debate, Clause 17 carried on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

On Clause 18,

Linda Duncan moved, — That Bill C-469, in Clause 18, be amended by replacing lines 27 and 28 on page 11 with the following:

“result from an attempt to maximize economic benefits;”

After debate, the question was put on the amendment of Linda Duncan and it was negatived on the following recorded division: YEAS: Linda Duncan, Gerard Kennedy, Joyce Murray, Francis Scarpaleggia — 4; NAYS: Scott Armstrong, Bernard Bigras, Blaine Calkins, Christian Ouellet, Robert Sopuck, Mark Warawa, Stephen Woodworth — 7.

After further debate, Clause 18 carried on the following recorded division: YEAS: Bernard Bigras, Linda Duncan, Gerard Kennedy, Joyce Murray, Christian Ouellet, Francis Scarpaleggia — 6; NAYS: Scott Armstrong, Blaine Calkins, Robert Sopuck, Mark Warawa, Stephen Woodworth — 5.

At 10:43 a.m., the Committee adjourned to the call of the Chair.

Guyanne L. Desforges
Clerk of the Committee

2011/02/18 4:18 p.m.