Debates of June 13th, 2012

Jobs, Growth and Long-term Prosperity Act

[The Speaker, Conservative, Andrew Scheer]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Speaker, Conservative, Andrew Scheer]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Speaker, Conservative, Andrew Scheer]

In my opinion the nays have it.

And five or more members having risen:

The recorded division on Motion No. 13 stands deferred.

I shall now propose Motions Nos. 16 to 23 in Group 2 to the House.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 16

That Bill C-38 be amended by deleting Clause 19.

Motion No. 17

That Bill C-38 be amended by deleting Clause 21.

Motion No. 18

That Bill C-38 be amended by deleting Clause 23.

Motion No. 19

That Bill C-38 be amended by deleting Clause 24.

Motion No. 20

That Bill C-38 be amended by deleting Clause 25.

Motion No. 21

That Bill C-38 be amended by deleting Clause 26.

Motion No. 22

That Bill C-38 be amended by deleting Clause 45.

Motion No. 23

That Bill C-38 be amended by deleting Clause 46.

[The Speaker, Conservative, Andrew Scheer]

The question is on Motion No. 16. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Speaker, Conservative, Andrew Scheer]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Speaker, Conservative, Andrew Scheer]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Speaker, Conservative, Andrew Scheer]

In my opinion the nays have it.

And five or more members having risen:

The recorded division on the motion stands deferred.

The recorded division will also apply to Motions Nos. 17 to 23.

[The Deputy Speaker, NDP, Denise Savoie]

I shall now propose Motions Nos. 24 to 26, 28, 30 to 38, 40 to 54, 62 to 70, 72, 74, 76 to 82, 84 and 86 to 367 in Group No. 3 to the House.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 24

That Bill C-38 be amended by deleting Clause 52.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion No. 25

That Bill C-38, in Clause 52, be amended by adding after line 8 on page 31 the following:

“Whereas the Government of Canada seeks to achieve sustainable development by conserving and enhancing environmental quality and by encouraging and promoting economic development that conserves and enhances environmental quality;

Whereas environmental assessment provides an effective means of integrating environmental factors into planning and decision-making processes in a manner that promotes sustainable development;

Whereas the Government of Canada is committed to exercising leadership, within Canada and internationally, in anticipating and preventing the degradation of environmental quality and, at the same time, in ensuring that economic development is compatible with the high value Canadians place on environmental quality;

Whereas the Government of Canada seeks to avoid duplication or unnecessary delays;

And whereas the Government of Canada is committed to facilitating public participation in the environmental assessment of projects to be carried out by or with the approval or assistance of the Government of Canada and to providing access to the information on which those environmental assessments are based;”

Motion No. 26

That Bill C-38, in Clause 52, be amended by adding after line 22 on page 31 the following:

““comprehensive study” means an environmental assessment of a designated project that is conducted under section 12, and that includes a consideration of the factors required to be considered under section 19.”

Motion No. 28

That Bill C-38, in Clause 52, be amended by replacing lines 14 to 17 on page 32 with the following:

““environmental assessment” means, in respect of a project, an assessment of the environmental effects of the project that is conducted in accordance with this Act and the regulations.”

Motion No. 30

That Bill C-38, in Clause 52, be amended by replacing line 32 on page 33 with the following:

“mental assessment of a project;”

Motion No. 31

That Bill C-38, in Clause 52, be amended by replacing line 36 on page 33 with the following:

““interested party”, with respect to a”

Motion No. 32

That Bill C-38, in Clause 52, be amended by replacing line 5 on page 34 with the following:

“project;”

Motion No. 33

That Bill C-38, in Clause 52, be amended by replacing line 11 on page 34 with the following:

“tal effects of a project;”

Motion No. 34

That Bill C-38, in Clause 52, be amended by replacing line 17 on page 34 with the following:

“project;”

Motion No. 35

That Bill C-38, in Clause 52, be amended by replacing line 22 on page 34 with the following:

“environmental effects of a project;”

Motion No. 36

That Bill C-38, in Clause 52, be amended by replacing line 32 on page 34 with the following:

“environmental effects of a project,”

Motion No. 37

That Bill C-38, in Clause 52, be amended by replacing line 44 on page 34 with the following:

“carrying out of a project.”

Motion No. 38

That Bill C-38, in Clause 52, be amended by replacing lines 12 and 13 on page 35 with the following:

“is referred to in section 16 with respect to a project that is subject to an environ-”

Motion No. 40

That Bill C-38, in Clause 52, be amended by replacing line 25 on page 35 with the following:

“with respect to a project, that a”

Motion No. 41

That Bill C-38, in Clause 52, be amended by replacing lines 25 to 29 on page 35 with the following:

“with respect to a project, that a group or individual is an interested party if, in its opinion, the group or individual, including those who use adjacent land for recreational, cultural or hunting purposes, is directly — or could potentially be indirectly — affected by the carrying out of the project, or if, in its opinion, the group or individual has relevant information or expertise:”

Motion No. 42

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 30 on page 35 with the following:

“(a) in the case of a project for”

Motion No. 43

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 34 on page 35 with the following:

“(b) in the case of a project in”

Motion No. 44

That Bill C-38, in Clause 52, be amended by replacing lines 1 to 5 on page 36 with the following:

“(a) to protect the environment from any significant adverse environmental effects caused by a project;”

Motion No. 45

That Bill C-38, in Clause 52, be amended by deleting lines 6 to 13 on page 36.

Motion No. 46

That Bill C-38, in Clause 52, be amended by replacing line 17 on page 36 with the following:

“assessments processes for projects;”

Motion No. 47

That Bill C-38, in Clause 52, be amended by replacing lines 18 to 20 on page 36 with the following:

“(d) to promote communication, cooperation and consensus between responsible authorities and, fully respecting the fiduciary duties of the Crown and the inherent rights of aboriginal peoples, aboriginal peoples with respect to environmental assessments;”

Motion No. 48

That Bill C-38, in Clause 52, be amended by replacing lines 22 and 23 on page 36 with the following:

“for timely and meaningful public participation during an environmental assessment process;”

Motion No. 49

That Bill C-38, in Clause 52, be amended by replacing lines 28 to 33 on page 36 with the following:

“federal lands in Canada, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to ensure that such projects do not cause significant adverse environmental effects;”

Motion No. 50

That Bill C-38, in Clause 52, be amended by replacing line 34 on page 36 with the following:

“(h) to ensure that federal authorities take”

Motion No. 51

That Bill C-38, in Clause 52, be amended by replacing lines 38 to 41 on page 36 with the following:

“(i) to ensure that federal authorities possess sufficient regulatory power, and oversight and monitoring capacity, to study and respond to the cumulative environmental effects of physical activities in a region and to guarantee the inclusion and consideration of those study results in environmental assessments.”

Motion No. 52

That Bill C-38, in Clause 52, be amended by replacing line 8 on page 37 to line 27 on page 38 with the following:

“environmental effects—within or outside Canada—that are to be taken into account in relation to an act or thing, a physical activity, a designated project or a project are

(a) any impact that may be caused on biological, ecological, hydrological or chemical systems or other systems of the environment, including any change that may be caused to a listed wildlife species, its critical habitat or the residences of individuals of that species, as those terms are defined in subsection 2(1) of the Species at Risk Act;

(b) any effect of any change referred to in paragraph (a) on

(i) health and socio-economic conditions,

(ii) physical and cultural heritage,

(iii) the current use of lands and resources for traditional purposes by aboriginal persons, or

(iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance; and

(c) any change to the project that may be caused by the environment.”

Motion No. 53

That Bill C-38, in Clause 52, be amended by replacing line 28 on page 38 to line 9 on page 39 with the following:

“6. The proponent of a project that is required to undergo an environmental assessment under this Act must not do any act or thing in connection with the carrying out of the project, in whole or in part, if that act or thing may cause an environmental effect referred to in subsection 5(1) unless the proponent complies with the conditions included in the decision statement that is issued to the proponent under subsection 31(3) or section 54 with respect to that project.”

Motion No. 54

That Bill C-38, in Clause 52, be amended by replacing lines 13 to 24 on page 39 with the following:

“than this Act that would permit a project that is required to undergo an environmental assessment under this Act to be carried out in whole or in part unless the decision statement with respect to the project that is issued under subsection 31(3) or section 54 to the proponent of the project indicates that the project is not likely to cause”

Motion No. 62

That Bill C-38, in Clause 52, be amended by deleting lines 9 to 20 on page 43.

Motion No. 63

That Bill C-38, in Clause 52, be amended by deleting lines 6 to 8 on page 45.

Motion No. 64

That Bill C-38, in Clause 52, be amended by replacing lines 10 and 11 on page 45 with the following:

“project if it is referred to a review panel under section 38.”

[The Deputy Speaker, NDP, Denise Savoie]

The hon. member for Ottawa—Vanier on a point of order.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Madam Speaker, could you please read the number of the motion when you start to read it, so that we can keep track of where we are?

[The Deputy Speaker, NDP, Denise Savoie]

Yes, absolutely. If I do not do that, it is a mistake. I will try to do that every time. I thank the hon. member.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion No. 65

Motion n^o 65

That Bill C-38, in Clause 52, be amended by replacing lines 13 to 17 on page 45 with the following:

“a project must ensure that

(a) a screening or comprehensive study of the project is conducted;

(b) a report is prepared with respect to that screening or comprehensive study; and

(c) where applicable, a follow-up program is designed and implemented.”

Motion n^o 66

That Bill C-38, in Clause 52, be amended by replacing lines 20 to 22 on page 45 with the following:

“project and preparing the report with respect to the environmental assessment of the project, use any information that is”

Motion n^o 67

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 29 on page 45 with the following:

“environmental assessment of the”

Motion n^o 68

That Bill C-38, in Clause 52, be amended by replacing lines 6 to 9 on page 46 with the following:

“25. (1) The responsible authority must ensure that a draft report with respect to the environmental assessment of a project is prepared, and must ensure”

Motion n^o 69

That Bill C-38, in Clause 52, be amended by replacing lines 18 to 20 on page 46 with the following:

“received from the public, the responsible authority must finalize the report with respect to the environmental assessment of the project and”

Motion n^o 70

That Bill C-38, in Clause 52, be amended

(a) by replacing line 23 on page 46 with the following:

“spect to a project may delegate to”

(b) by replacing lines 28 to 30 on page 46 with the following:

“project, the preparation of the report with respect to the environmental assessment of the project and any part of the design and implementation of a follow-up program, but must not”

Motion n^o 72

That Bill C-38, in Clause 52, be amended by replacing line 1 on page 47 with the following:

“(2) The decisions must be made”

Motion n^o 74

That Bill C-38, in Clause 52, be amended by replacing lines 20 to 27 on page 47 with the following:

“(6) If, under subsection 23(2), the responsible authority requires the proponent of a project to collect information or undertake a study with respect to the project, then the period that is taken by the proponent, in the responsible authority’s opinion, to comply with the requirement is not included in the calculation of the time limit within which the decisions must be”

Motion n^o 76

That Bill C-38, in Clause 52, be amended by deleting line 34 on page 47 to line 6 on page 51.

Motion n^o 77

That Bill C-38, in Clause 52, be amended

(a) by replacing lines 22 and 23 on page 51 with the following:

“assessing the environmental effects of projects that is followed by any jurisdic-”

(b) by replacing, in the English version, line 28 on page 51 with the following:

“project would be an appropriate”

Motion n^o 78

That Bill C-38, in Clause 52, be amended by replacing lines 33 and 34 on page 51 with the following:

“be given in respect of a project or a class of projects.”

Motion n^o 79

That Bill C-38, in Clause 52, be amended by replacing lines 39 to 43 on page 51 with the following:

“project in relation to which the environmental assessment has been referred”

Motion n^o 80

That Bill C-38, in Clause 52, be amended by replacing lines 6 and 7 on page 52 with the following:

“(b) the public will be given meaningful opportunities to participate in the assessment that are at least as extensive as those required in relation to an environmental assessment carried out under this Act;”

Motion n^o 81

That Bill C-38, in Clause 52, be amended by adding after line 10 on page 52 the following:

“(c.1) the process to be substituted provides for community knowledge and Aboriginal traditional knowledge to be taken into account;”

Motion n^o 82

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 33 on page 52 with the following:

“project that is received by the”

Motion n^o 84

That Bill C-38, in Clause 52, be amended by deleting line 39 on page 52 to line 25 on page 53.

Motion n^o 86

That Bill C-38, in Clause 52, be amended

(a) by replacing line 35 on page 53 with the following:

“assessment of the project to a review”

(b) by replacing, in the English version, line 38 on page 53 with the following:

“(a) whether the project may cause”

(c) by replacing, in the English version, lines 2 and 3 on page 54 with the following:

“adverse environmental effects that the project may cause; and”

(d) by replacing, in the English version, line 7 on page 54 with the following:

“environmental effects of the”

Motion n^o 87

That Bill C-38, in Clause 52, be amended

(a) by replacing, in the English version, line 10 on page 54 with the following:

“assessment of the project to a review”

(b) by replacing, in the English version, line 18 on page 54 with the following:

“of the project to the Minister; and”

(c) by replacing, in the English version, line 22 on page 54 with the following:

“project.”

Motion n^o 88

That Bill C-38, in Clause 52, be amended

(a) by replacing, in the English version, line 28 on page 54 with the following:

“project to a review panel, and a”

(b) by replacing, in the English version, line 30 on page 54 with the following:

“establishes in relation to the project”

Motion n^o 89

That Bill C-38, in Clause 52, be amended by deleting lines 33 to 36 on page 54.

Motion n^o 90

That Bill C-38, in Clause 52, be amended

(a) by replacing line 38 on page 54 with the following:

“mental assessment of a project to a”

(b) by replacing, in the English version, line 42 on page 54 with the following:

“require the proponent of the project”

Motion n^o 91

That Bill C-38, in Clause 52, be amended

(a) by replacing line 5 on page 55 with the following:

“ronmental assessment of a project to”

(b) by replacing, in the English version, line 12 on page 55 with the following:

“of the project, respecting the joint”

(c) by replacing, in the English version, line 15 on page 55 with the following:

“project is to be conducted by that”

Motion n^o 92

That Bill C-38, in Clause 52, be amended

(a) by replacing line 18 on page 55 with the following:

“mental assessment of a project to a”

(b) by replacing, in the English version, line 26 on page 55 with the following:

“project, respecting the joint establish-”

(c) by replacing, in the English version, line 28 on page 55 with the following:

“the environmental assessment of the”

Motion n^o 93

That Bill C-38, in Clause 52, be amended

(a) by replacing line 30 on page 56 with the following:

“environmental assessment of a”

(b) by replacing, in the English version, line 35 on page 56 with the following:

“conflict of interest relative to the”

Motion n^o 94

That Bill C-38, in Clause 52, be amended by replacing line 44 on page 56 with the following:

“environmental assessment of the”

Motion n^o 95

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 7 on page 57 with the following:

“project and may, at any time,”

Motion n^o 96

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 17 on page 57 with the following:

“interest relative to the project”

Motion n^o 97

That Bill C-38, in Clause 52, be amended by replacing line 29 on page 57 with the following:

“the project;”

Motion n^o 98

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 15 on page 58 with the following:

“project to the Minister and may, at”

Motion n^o 99

That Bill C-38, in Clause 52, be amended

(a) by replacing lines 19 and 20 on page 58 with the following:

“ing the environmental assessment of a project and preparing the report with”

(b) by replacing, in the English version, line 22 on page 58 with the following:

“project, use any information that is”

Motion n^o 100

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 29 on page 58 with the following:

“ment of the project, it may require”

Motion n^o 101

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 41 on page 58 with the following:

“environmental assessment of the”

Motion n^o 102

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 41 on page 59 with the following:

“environmental assessment of the”

Motion n^o 103

That Bill C-38, in Clause 52, be amended by replacing line 7 on page 60 with the following:

“proponent of the project to collect”

Motion n^o 104

That Bill C-38, in Clause 52, be amended by replacing lines 14 and 15 on page 60 with the following:

“a project to collect information or undertake a study with respect to the”

Motion n^o 105

That Bill C-38, in Clause 52, be amended by replacing line 33 on page 60 with the following:

“49. (1) The Minister may terminate the”

Motion n^o 106

That Bill C-38, in Clause 52, be amended by replacing line 34 on page 60 with the following:

“assessment by a review panel of a”

Motion n^o 107

That Bill C-38, in Clause 52, be amended by replacing line 39 on page 60 with the following:

“ment by a review panel of a project if”

Motion n^o 108

That Bill C-38, in Clause 52, be amended

(a) by replacing line 21 on page 61 with the following:

“of a project is terminated under”

(b) by replacing, in the English version, line 24 on page 61 with the following:

“the environmental assessment of the”

Motion n^o 109

That Bill C-38, in Clause 52, be amended by replacing line 29 on page 61 with the following:

“assessment of the project that was”

Motion n^o 110

That Bill C-38, in Clause 52, be amended by replacing line 37 on page 61 with the following:

“appropriate, the project”

Motion n^o 111

That Bill C-38, in Clause 52, be amended by deleting lines 41 to 43 on page 61.

Motion n^o 112

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 2 on page 62 with the following:

“project is likely to cause significant”

Motion n^o 113

That Bill C-38, in Clause 52, be amended by replacing line 4 on page 62 with the following:

“section 5, the decision maker must”

Motion n^o 114

That Bill C-38, in Clause 52, be amended by deleting lines 8 to 12 on page 62.

Motion n^o 115

That Bill C-38, in Clause 52, be amended

(a) by replacing, in the English version, line 17 on page 62 with the following:

“effects that the project is likely to”

(b) by replacing, in the English version, line 20 on page 62 with the following:

“effects that the project is likely to”

Motion n^o 116

That Bill C-38, in Clause 52, be amended

(a) by replacing line 23 on page 62 with the following:

“subsection 52(1) that the project is”

(b) by replacing, in the English version, line 29 on page 62 with the following:

“tion that the project is likely to cause”

(c) by replacing, in the English version, line 34 on page 62 with the following:

“project must comply.”

Motion n^o 117

That Bill C-38, in Clause 52, be amended

(a) by replacing line 36 on page 62 with the following:

“subsection 52(1) that the project”

(b) by replacing, in the English version, line 2 on page 63 with the following:

“permit a project to be carried out,”

(c) by replacing, in the English version, line 5 on page 63 with the following:

“tion with which the proponent of the”

Motion n^o 118

That Bill C-38, in Clause 52, be amended by replacing line 21 on page 63 with the following:

“project that”

Motion n^o 119

That Bill C-38, in Clause 52, be amended

(a) by replacing, in the English version, line 22 on page 63 with the following:

“(a) informs the proponent of the”

(b) by replacing, in the English version, line 25 on page 63 with the following:

“project and, if a matter was”

(c) by replacing, in the English version, line 28 on page 63 with the following:

“relation to the project; and”

Motion n^o 120

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 31 on page 63 with the following:

“project and that must be complied”

Motion n^o 121

That Bill C-38, in Clause 52, be amended

(a) by replacing lines 34 and 35 on page 63 with the following:

“decision under subsection 52(1) in relation to the project for the purpose”

(b) by replacing, in the English version, line 39 on page 63 with the following:

“of the project was referred to a”

Motion n^o 122

That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 1 on page 64 with the following:

“the environmental assessment of the”

Motion n^o 123

That Bill C-38, in Clause 52, be amended by replacing, in the English version, lines 13 and 14 on page 64 with the following:

“the project to collect information or undertake a study with respect to the”

Motion n^o 124

That Bill C-38, in Clause 52, be amended by replacing lines 28 and 29 on page 64 with the following:

“55. The responsible authority must ensure that”

Motion n^o 125

That Bill C-38, in Clause 52, be amended by replacing lines 36 and 37 on page 64 with the following:

“tion to a project is”

Motion n^o 126

That Bill C-38, in Clause 52, be amended

(a) by replacing lines 2 and 3 on page 65 with the following:

“a project is considered to”

(b) by replacing, in the English version, line 9 on page 65 with the following:

“project; or”

(c) by replacing, in the English version, line 13 on page 65 with the following:

“relation to the project.”

“relation to the project.”

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Madam Speaker, could you confirm whether you forgot to read item (c) of Motion No. 116?

[The Deputy Speaker, NDP, Denise Savoie]

In case I did forget, I will read it or re-read it:

(c) by replacing, in the English version, line 34 on page 62 with the following:

“project must comply.”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 127

That Bill C-38 be amended by deleting Clause 53.

Motion No. 128

That Bill C-38 be amended by deleting Clause 54.

Motion No. 129

That Bill C-38 be amended by deleting Clause 55.

Motion No. 130

That Bill C-38 be amended by deleting Clause 56.

Motion No. 131

That Bill C-38 be amended by deleting Clause 57.

Motion No. 132

That Bill C-38 be amended by deleting Clause 58.

Motion No. 133

That Bill C-38 be amended by deleting Clause 59.

Motion No.134

That Bill C-38 be amended by deleting Clause 60.

Motion No. 135

That Bill C-38 be amended by deleting Clause 61.

Motion No. 136

That Bill C-38 be amended by deleting Clause 62.

Motion No. 137

That Bill C-38 be amended by deleting Clause 63.

Motion No. 138

That Bill C-38 be amended by deleting Clause 64.

Motion No. 139

That Bill C-38 be amended by deleting Clause 65.

Motion No. 140

That Bill C-38 be amended by deleting Clause 66.

Motion No. 141

That Bill C-38 be amended by deleting Clause 67.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion No. 142

That Bill C-38, in Clause 67, be amended by replacing lines 20 and 21 on page 98 with the following:

“force on April 30, 2016.”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 143

That Bill C-38 be amended by deleting Clause 68.

Motion No. 144

That Bill C-38 be amended by deleting Clause 69.

Motion No. 145

That Bill C-38 be amended by deleting Clause 70.

Motion No. 146

That Bill C-38 be amended by deleting Clause 71.