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Environment committee  It's the International River Improvements Act, yes.

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  This particular provision gives the discretion, Mr. Chair, to the minister to appoint an individual as a review officer if they can meet any one of these four areas. I would like to clarify, though, that environment and human health is a linked skill set in this list, and therefo

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  The NDP-12 amendment, as I understand it, contains a list. The same criteria would apply; there's an “or”. So any one of the skill sets listed in Ms. Duncan's amendment would be sufficient in order to make an appointment.

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  The roster created over time may have individuals with these various types of expertise, but all appointments are made by the Minister of the Environment under the Canadian Environmental Protection Act. Currently there is a chief review officer appointed and one additional revie

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  Yes, it is consistent with the Canada Evidence Act. It is not contrary to the Canada Evidence Act, and it is quite a standard type of clause that exists in numerous federal statutes, Mr. Chair.

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  Absolutely. A similar provision is included in Bill C-16 for some statutes, but there was an oversight regarding the Canada Wildlife Act, Mr. Chair.

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  Mr. Chair, I'm sorry, which particular provision are you asking me about?

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  This particular creative sentencing tool would be one option the judiciary could look to, to assist in determining a sentence that, as a whole, would fulfill those requirements. It wouldn't always be applicable in every case, but it's again a discretionary tool available for the

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  Yes, I do.

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  I could probably assist again in pointing out the chapeau, the introductory paragraph in each provision where these court order powers exist. I'll read the provision out of the Canadian Environmental Protection Act, but similar language exists in all the other statutes: Where a

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  It was deterrence, denunciation--

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  --and environmental restoration.

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  The answer to your question is that this type of provision is not unique in this bill or this statute. In terms of this bill, the concept already exists in five of the nine statutes we are amending. These are just amendments to make the text consistent across the board. There's r

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  This is meant to be the right of passage through private property, land-based or other. The powers for entering properties for inspection, investigation, and other are found in other provisions of the statute.

May 7th, 2009Committee meeting

Sarah Cosgrove

Environment committee  Our understanding, from discussions with drafters, is that the way this particular provision is crafted in English would allow our enforcement officers, or anyone designated, to pass through buildings in addition to over property that didn't have buildings resting on it.

May 7th, 2009Committee meeting

Sarah Cosgrove