MINUTES OF PROCEEDINGS

Meeting No. 48

Tuesday, November 6, 2001

The Standing Committee on Environment and Sustainable Development met in a televised session at 9:15 a.m. this day, in Room 253-D, Centre Block, the Chair, Charles L. Caccia, presiding.

Members of the Committee present: Roy Bailey, Charles L. Caccia, Joe Comartin, Paul Forseth, Marcel Gagnon, John Herron, Gar Knutson, Karen Kraft Sloan, Rick Laliberte, Bob Mills, Karen Redman, Julian Reed, Andy Savoy, Hélène Scherrer, Alan Tonks.

Acting Members present: Rick Casson for Roy Bailey; Keith Martin for Paul Forseth; Peter Stoffer for Joe Comartin; Roy Cullen for Hélène Scherrer.

In attendance: From the Library of Parliament: Kristen Douglas and Tim Williams, Research Officers.  From Legislative Services:  Susan Baldwin and Jean Michel Roy, Legislative Clerks.

Witnesses: From the Department of Justice Canada: David Near, Legal Counsel, Legal Services; Michael A. Rayner, Legal Counsel, Fisheries and Oceans. From Environment Canada: Simon Nadeau, Head, Endangered Species Recovery; Ruth Wherry, Director, Species at Risk, Canadian Wildlife Service.

Pursuant to its Order of Reference of Tuesday, March 20, 2001, the Committee resumed consideration of Bill C-5, An Act respecting the protection of wildlife species at risk in Canada (See Minutes of Proceedings, Thursday, March 22, 2001, Meeting No. 6).

The Committee resumed Clause-by-Clause consideration of the Bill.

On Clause 58, as amended,

The witnesses answered questions.

Gar Knutson moved, -- That Bill C-5, in Clause 58, be amended by replacing lines 15 to 19 on page 27 with the following:

"critical habitat that is identified in an action plan."

After debate, the question being put on the amendment, it was adopted on the following recorded division:

The Chair ruled that the previous recorded vote would apply to the following amendments:

-- That Bill C-5, in Clause 58, be amended by replacing lines 20 to 26 on page 27 with the following:

"(3) Subsection (1) does not apply to habitat that is the subject of an agreement or permit under section 11, 74 or 75, including an agreement or permit under another Act of Parliament, to the extent that it authorizes activities which adversely modify any part of the critical habitat of the species referred to in subsection (1)."

-- That Bill C-5, in Clause 58, be amended by replacing lines 27 to 32 on page 27 with the following:

"(4) If the critical habitat is on land that is not federal land, subsection (1) does not apply until 60 days after the action plan is included in the public registry, during which time the competent minister shall make reasonable efforts to contact the landowner and seek to negotiate an agreement under section 11, 74 or 75."

-- That Bill C-5, in Clause 58, be amended by replacing lines 33 to 39 on page 27 with the following:

"(5) If the critical habitat is on a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, subsection (1) does not apply until 60 days after the action plan is included in the public registry, during which time the competent minister shall contact the band and seek to negotiate an agreement under section 11, 74 or 75, in consultation with the Minister of Indian and Northern Affairs."

-- That Bill C-5, in Clause 58, be amended by replacing lines 40 to 44 on page 27 and lines 1 to 3 on page 28 with the following:

"(6) If the critical habitat is in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, subsection (1) does not apply until 60 days after the action plan is included in the public registry, during which time the competent minister shall contact the band and seek to negotiate an agreement under section 11, 74 or 75."

-- That Bill C-5, in Clause 58, be amended by adding after line 3 on page 28 the following:

"(6.1) The competent minister may by order extend the 60-day time period mentioned in subsections (4), (5) and (6) by up to an additional 90 days where, in the competent minister's opinion, such an extension is necessary for purposes of negotiating an agreement under section 11, 74 or 75."

Clause 58, as amended, was stood.

Pursuant to a motion agreed to on Thursday, November 1, 2001, the following amendments were reinstated:

-- That Bill C-5, in Clause 2, be amended by adding after line 40 on page 6 the following:

""transboundary species" means a wildlife species that migrates across an international boundary of Canada or has a range extending across such a boundary, as determined by COSEWIC in its assessment of a species' status."

-- That Bill C-5, in Clause 15, be amended by adding after line 6 on page 12 the following:

"(d) indicate in the assessment if the wildlife species migrates across an international boundary of Canada or has a range extending across such a boundary;"

-- That Bill C-5, in Clause 34, be amended by replacing lines 18 to 21 on page 17 with the following:

"wildlife species that is not an aquatic species, a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 or a transboundary species, sections 32 and 33 do not apply in"

-- That Bill C-5, in Clause 34, be amended by replacing lines 18 and 19 on page 17 with the following:

"wildlife species that is not an aquatic species, a transborder species or a species of birds that are migratory birds"

-- That Bill C-5, in Clause 34, be amended by replacing line 21 on page 17 with the following:

"Act, 1994, or a transboundary species, sections 32 and 33 do not apply in"

-- That Bill C-5, in Clause 34, be amended by replacing line 21 on page 17 with the following:

"Act, 1994, or a species that migrates across an international boundary of Canada or has a range extending across such a boundary; sections 32 and 33 do not apply in"

-- That Bill C-5, in Clause 34, be amended by replacing line 33 on page 17 with the following:

"Act, 1994 or a species that migrates across an international boundary of Canada or has a range extending across such a boundary."

-- That Bill C-5, in Clause 35, be amended by replacing lines 13 to 15 on page 18 with the following:

"species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 or transboundary species; or"

-- That Bill C-5, in Clause 53, be amended by replacing lines 22 to 25 on page 25 with the following:

"53. (1) Within 60 days after an action plan is completed, the competent minister shall, with respect to aquatic species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 or a transboundary species, re-"

-- That Bill C-5, in Clause 53, be amended by replacing lines 23 to 25 on page 25 with the following:

"respect to aquatic species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 or to species that migrate across an international boundary of Canada or have a range extending across such a boundary, re-"

-- That Bill C-5, in Clause 54, be amended by replacing lines 30 and 31 on page 26 with the following:

"corporation to the extent that they relate to aquatic species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 or transboundary species, regardless of where they are located, or to wildlife species on federal lands."

The Chair ruled that the debate on transboundary species would target all the amendments on the subject including those that were previously decided on.

Karen Redman challenged the ruling of the Chair.

The result of the recorded vote to sustain the Chair’s ruling was announced:

Accordingly, the decision was overruled.

By unanimous consent, the Committee reverted to Clause 58, as amended.

Gar Knutson moved, -- That Bill C-5, in Clause 58, be amended by replacing lines 8 to 13 on page 27 with the following:

"58. (1) No person shall destroy any part of the critical habitat of a listed endangered species, a listed threatened species or a listed extirpated species, if a recovery strategy has recommended the reintroduction of the species into the wild in Canada, that is

(a) on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada;
(b) an aquatic species; or
(c) a species of migratory birds protected by the Migratory Birds Convention Act, 1994."

After debate, John Herron moved, -- That the amendment be amended by adding the following:

“(d) a transboundary species.”

After debate, the sub-amendment was defeated on the following show of hands:

And the question being put on the amendment, it was adopted on division.

Bob Mills moved, -- That Bill C-5, in Clause 58, be amended by replacing line 8 on page 27 with the following:

"58. (1) No person shall intentionally destroy any part of"

After debate, the result of the vote was announced.

The Chair voted in the negative.

Accordingly, the amendment was defeated.

The Chair ruled that the previous vote would apply to the following amendments:

-- That Bill C-5, in Clause 32, be amended by replacing line 34 on page 16 with the following:

"32. (1) No person shall intentionally kill, harm, harass,"

-- That Bill C-5, in Clause 36, be amended by replacing line 35 on page 18 with the following:

"territorial minister, no person shall intentionally"

-- That Bill C-5, in Clause 60, be amended by replacing line 45 on page 28 with the following:

"rial minister, no person shall intentionally destroy any part"

-- That Bill C-5, in Clause 61, be amended by replacing line 8 on page 29 with the following:

"61. (1) No person shall intentionally destroy any part of"

Clause 58, as amended, carried.

At 12:10 p.m., the Committee adjourned to the call of the Chair.

Eugene Morawski
Clerk of the Committee