House of Commons Hansard #163 of the 35th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was federal.

Topics

Canadian Wheat Board Act
Government Orders

11:50 a.m.

Some hon. members

Agreed.

Canadian Wheat Board Act
Government Orders

11:50 a.m.

Reform

Chuck Strahl Fraser Valley East, BC

Madam Speaker, I have two points of order.

Because of a miscommunication between the parties, I asked for unanimous consent that the motion on the Order Paper in the name of the member for Kindersley-Lloydminster be allowed to be moved and seconded even though the member was not in the House. That unanimous consent was denied, which meant that the motion was removed from the Order Paper.

Although we are not debating that bill any more, I wonder if we could have unanimous consent for the motion to be allowed to stand on the Order Paper until we debate that bill again in the future.

Canadian Wheat Board Act
Government Orders

11:50 a.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

Is there unanimous consent?

Canadian Wheat Board Act
Government Orders

11:50 a.m.

Some hon. members

Agreed.

Canadian Wheat Board Act
Government Orders

11:50 a.m.

Reform

Chuck Strahl Fraser Valley East, BC

Madam Speaker, I understand I have to ask for unanimous consent to deem all amendments standing in various members' names on Bill C-65 moved and seconded, without having to move and second each one, regardless of whether or not the members are in the House. Many members will be speaking to the different motions.

Canadian Wheat Board Act
Government Orders

Noon

The Acting Speaker (Mrs. Ringuette-Maltais)

Do we have unanimous consent?

Canadian Wheat Board Act
Government Orders

Noon

Some hon. members

Agreed.

The House proceeded to the consideration of Bill C-65, an act respecting the protection of wildlife species in Canada from extirpation or extinction, as reported (with amendments) from the committee.

Canada Endangered Species Protection Act
Government Orders

Noon

The Acting Speaker (Mrs. Ringuette-Maltais)

I have a ruling for groups at report stage of Bill C-65, an act respecting the protection of wildlife species in Canada from extirpation or extinction.

There are 115 motions in amendment standing on the Notice Paper for the report stage of Bill C-65.

Motions Nos. 29, 39 and 114 stand on the Notice Paper only in the same name of the hon. member for Nunatsiaq who has recently resigned his seat. Accordingly they cannot be proposed to the House.

The other motions will be grouped for debate as follows:

Group No. 1: Motions Nos. 1, 3, 4, 6, 7, 11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82 to 109.

Group No. 2: Motions Nos. 2, 15, 16, 17, 21, 24, 26, 34, 35, 44, 45, 49, 55, 64, 74 and 81.

Group No. 3: Motions Nos. 5, 8, 9, 10, 12, 13, 14, 18, 20, 22, 23, 31, 32, 46, 47, 51, 52, 61, 67, 68, 69, 70, 75, 79, 80, 110, 111 and 115.

Group No. 4: Motions Nos. 28, 29, 30, 33, 53, 71, 72, 76, 77, 78 and 112.

Group No. 5: Motions Nos. 36 to 43, 48, 73, 113 and 114.

The voting patterns for the motions within each group are available at the table. The Chair will remind the House of each pattern at the time of voting.

I shall now propose Motions Nos. 1, 3, 4, 6, 7, 11, 19, 25, 27, 50, 54, 56, 57, 58, 59, 60, 62, 63, 65, 66, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 and 109 to the House.

Canada Endangered Species Protection Act
Government Orders

April 24th, 1997 / noon

NDP

Len Taylor The Battlefords—Meadow Lake, SK

moved:

Motion No. 1

That Bill C-65, in the Preamble, be amended by replacing line 21 on page 1 with the following:

"measures to prevent the"

Motion No. 63

That Bill C-65, in Clause 38, be amended by adding after line 40 on page 22 the following:

"(h.1) an identification and evaluation of any impact on the communities located on the land on which the species is found and on the workers on and the users of that land;"

Canada Endangered Species Protection Act
Government Orders

Noon

Reform

Paul Forseth New Westminster—Burnaby, BC

moved:

Motion No. 3

That Bill C-65, in the Preamble, be amended by adding after line 36 on page 1 the following:

"conservation will be enhanced through an informed public wherein biological and socio-economic concerns are combined to achieve sustainable development with an environmental ethic,"

Motion No. 25

That Bill C-65, in Clause 8, be amended by adding after line 10 on page 9 the following:

"(1.1) For greater certainty, for the purposes of subsection (1), "costs" include any cost to a person or organization incurred by way of a business loss suffered by virtue of the implementation of a program or measure for the conservation of wildlife species in respect of land owned by the organization or person."

Motion No. 27

That Bill C-65, in Clause 8, be amended by replacing line 25 on page 9 with the following:

"program or measure and provide for written notice to the persons who will be directly affected by the program or measure."

Motion No. 56

That Bill C-65, in Clause 38, be amended by replacing line 36 on page 21 with the following:

"technically, biologically and socio-economically feasible and"

Motion No. 59

That Bill C-65, in Clause 38, be amended by replacing lines 1 and 2 on page 22 with the following:

"(5) If the recovery of the wildlife species is technically, biologically and socio-economically feasible, the"

Motion No. 101

That Bill C-65, in Clause 69, be amended by replacing line 25 on page 36 with the following:

"mentioned in subsection 60(3). The court shall take into consideration scientific and socio-economic concerns when granting any relief under this section."

Canada Endangered Species Protection Act
Government Orders

Noon

York West
Ontario

Liberal

Sergio Marchi Minister of the Environment

moved:

Motion No. 4

That Bill C-65, in the Preamble, be amended by replacing line 3 on page 2 with the following:

"aged and supported, community interests, including socio-economic interests,"

Motion No. 58

That Bill C-65, in Clause 38, be amended by a ) replacing line 36 on page 21 with the following:

"technically and biologically feasible and" b ) replacing line 2 on page 22 with the following:

"technically and biologically feasible, the" c ) replacing line 11 on page 23 with the following:

"not technically or biologically feasible, the"

Motion No. 62

That Bill C-65, in Clause 38, be amended a ) by replacing line 21 on page 22 with the following: d ) an evaluation of the costs and benefits, including the socio-economic costs and benefits, of'' b ) by replacing line 38 on page 22 with the following:

"promote cooperative or voluntary efforts for the protec-" c ) by adding after line 40 on page 22 the following:

"(h.1) an indication of any land that is part of the habitat of the species and may qualify as ecologically sensitive land for the purpose of a tax deductible donation under paragraph 110.1(1)( d ) of the Income Tax Act;''

Motion No. 90

That Bill C-65, in Clause 60, be amended by replacing, in the English version, line 12 on page 34 with the following: b ) caused or will cause significant harm to an individ-''

Motion No. 98

That Bill C-65, in Clause 67, be amended by adding after line 12 on page 36 the following:

"(1.1) In an endangered species protection action, a defendant is deemed to have exercised all due diligence if the defendant lawfully engaged in an activity that they had no reason to believe was likely to affect the individual, critical habitat or residence concerned."

Motion No. 102

That Bill C-65, in Clause 69, be amended by replacing line 25 on page 36 with the following:

"mentioned in subsection 60(3). The court must take into consideration scientific and socio-economic concerns when granting any relief under this section."

Canada Endangered Species Protection Act
Government Orders

Noon

Reform

Leon Benoit Vegreville, AB

moved:

Motion No. 6

That Bill C-65, in the preamble, be amended by adding after line 13 on page 2 the following:

"actions taken under this Act must take into account the social and economic consequences of those actions on the parties affected,"

Motion No. 7

That Bill C-65, in the preamble, be amended by adding after line 13 on page 2 the following:

"the responsible minister must suspend the application of the provisions of this Act respecting recovery and management plans if it is established to the satisfaction of the responsible minister that measures are being taken or will be taken within a reasonable time by landowners or by any other interested parties for the protection of certain wildlife species, the purpose of a suspension of the application of certain provisions of this Act is to strengthen co-operation among the various parties concerned, "

Motion No. 11

That Bill C-65, in Clause 2, be amended by adding after line 8 on page 4 the following:

""landowner" includes a person who leases federal land."

Motion No. 19

That Bill C-65 be amended by adding after line 7, on page 7, the following:

"3.3 Notwithstanding any other provision in this Act, no provision of this Act or any regulation or emergency order made under this Act, with the exception of sections 31 to 33, applies to a landowner that would result in the expenditure of money by the landowner or in a financial loss for the landowner."

Motion No. 54

That Bill C-65, in Clause 38, be amended by replacing lines 28 to 32 on page 21 with the following:

"(3) Where the responsible minister receives, within twelve months after a wildlife species is listed as endangered, threatened or extirpated, a request signed by a majority of the landowners referred to in paragraph 39( b ) requesting that one or more public hearings be held concerning the preparation of the recovery plan, the responsible minister must a ) hold at least one public hearing in the place and within the month indicated in the request; and b ) advise the persons who signed the request of the time and place of the public hearing.

(3.1) The recovery plan must be completed a ) within three months after the last public hearing held under subsection (3) has been completed; and b ) where no public hearing is held under subsection (3), within one year after the wildlife species was listed as endangered, threatened or extirpated.''

Motion No. 66

That Bill C-65, in Clause 39, be amended by replacing lines 16 to 19 on page 23 with the following:

"39. The recovery plan must be prepared in consultation with a ) any persons who the responsible minister considers are directly affected by, or interested in, the plan; and b ) any directly affected landowners who have notified the responsible minister of their wish to be consulted regarding the recovery plan.''

Motion No. 87

That Bill C-65 be amended by adding after line 32, on page 33, the following:

"59.1 The responsible minister must, by order, suspend, for a specified term, the application of all or any of the provisions of this Act respecting recovery and management plans if it is established to the satisfaction of the responsible minister that measures are being taken or will be taken within a reasonable time by landowners or by any other interested parties for the protection of a wildlife species that is listed as endangered, threatened or extirpated."

Canada Endangered Species Protection Act
Government Orders

Noon

Reform

Darrel Stinson Okanagan—Shuswap, BC

moved:

Motion No. 50

That Bill C-65, in Clause 38, be amended by adding: a ) after line 9 on page 21 the following:

"(1.1) The responsible minister shall hold at least one public hearing in the area affected by the recovery plan to hear the comments of persons interested in cooperating in the preparation of the recovery plan.

(1.2) The responsible minister shall cause to be published, in the Canada Gazette and in a daily or weekly newspaper in general circulation in the area affected by the recovery plan, at least sixty days prior to the commencement of any public hearing held by the responsible minister in the area pursuant to subsection (1.1), a notice containing a ) a statement that the responsible minister must prepare a recovery plan and hold a public hearing concerning the plan; b ) the time, date and place of the hearing; c ) a statement that any person interested in cooperating in the preparation of the plan must notify the responsible minister, at least three working days prior to the commencement of the public hearing, in electronic or other form, of the person's name and address and of the fact that the person is affected or interested.'' b ) after line 22 on page 21 the following:

"(d.1) any other person or organization that notifies the responsible minister, at least three working days prior to the commencement of the hearing referred to in subsection (1.1), in electronic or other form, of the name and address of the person or organization and of the fact that the person or organization is affected or interested."

Motion No. 57

That Bill C-65, in Clause 38, be amended by replacing line 36 on page 21 with the following:

"technically, socio-economically and biologically possible and"

Motion No. 60

That Bill C-65, in Clause 38, be amended by replacing line 2 on page 22 with the following:

"technically, socio-economically and biologically possible, the"

Motion No. 65

That Bill C-65, in Clause 38, be amended by replacing lines 10 to 15 on page 23 with the following:

"(7) If the recovery of the wildlife species is not technically, socio-economically or biologically possible, the recovery plan may include measures limited to the prohibition of activities that directly affect individuals of the species or their residences."

Motion No. 82

That Bill C-65, in Clause 51, be amended by replacing lines 42 to 44 on page 28 with the following:

"(3), during normal business hours, enter and inspect any place in which the officer believes, on reasonable and probable grounds, there is any thing to"

Motion No. 83

That Bill C-65, in Clause 51, be amended by replacing lines 21 to 24 on page 29 with the following:

"a dwelling-place except with the witnessed and written permission of the owner or tenant of the dwelling place or under the authority of a warrant."

Motion No. 84

That Bill C-65, in Clause 52, be amended by replacing lines 43 to 46 on page 29, and lines 1 to 3, on page 30 with the following:

"order, an enforcement officer shall not exercise the powers of search and seizure provided in section 487 of the Criminal Code in respect of a building without a warrant or the witnessed written permission of the owner or tenant of the building."

Motion No. 85

That Bill C-65, in Clause 57, be amended by replacing lines 1 and 2 on page 32 with the following:

"57.(1) The responsible minister must acknowledge receipt of the application and send a copy of it by registered mail to each person alleged in the application to have been involved in the commission of the offence within"

Motion No. 89

That Bill C-65, in Clause 60, be amended by replacing lines 36 to 43 on page 33, and lines 1 to 5, on page 34 with the following: a ) the responsible minister has not performed the duties of the responsible minister under this Act; or b ) there are reasonable and probable grounds to believe that there is collusion between the responsible minister and the person alleged to have committed an offence under this Act.''

Canada Endangered Species Protection Act
Government Orders

Noon

Reform

Mike Scott Skeena, BC

moved:

Motion No. 86

That Bill C-65, in Clause 59, be amended by replacing lines 23 to 26 on page 33 with the following:

"A copy of the report sent to a person whose conduct was investigated must disclose the name and address of the applicant."

Motion No. 88

That Bill C-65 be amended by deleting Clause 60.

Motion No. 91

That Bill C-65 be amended by deleting Clause 61.

Motion No. 92

That Bill C-65 be amended by deleting Clause 62.

Motion No. 93

That Bill C-65 be amended by deleting Clause 63.

Motion No. 94

That Bill C-65 be amended by deleting Clause 64.

Motion No. 95

That Bill C-65 be amended by deleting Clause 65.

Motion No. 96

That Bill C-65 be amended by deleting Clause 66.

Motion No. 97

That Bill C-65 be amended by deleting Clause 67.

Motion No. 99

That Bill C-65 be amended by deleting Clause 68.

Motion No. 100

That Bill C-65 be amended by deleting Clause 69.

Motion No. 103

That Bill C-65 be amended by deleting Clause 70.

Motion No. 104

That Bill C-65 be amended by deleting Clause 71.

Motion No. 105

That Bill C-65 be amended by deleting Clause 72.

Motion No. 106

That Bill C-65 be amended by deleting Clause 73.

Motion No. 107

That Bill C-65 be amended by deleting Clause 74.

Motion No. 108

That Bill C-65 be amended by deleting Clause 75.

Motion No. 109

That Bill C-65 be amended by deleting Clause 76.