Evidence of meeting #19 for Environment and Sustainable Development in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.
A recording is available from Parliament.
NDP
Linda Duncan NDP Edmonton Strathcona, AB
Actually, I think I'm tabling the whole suite to save time.
Liberal
The Vice-Chair Liberal Francis Scarpaleggia
The vote would apply to amendments NDP-2.1, NDP-3, NDP-4.1, NDP-5, NDP-6.1, NDP-7, NDP-8.1, NDP-15, NDP-16.1, NDP-17, NDP-18.1, NDP-19, NDP-20.1, NDP-21, NDP-22.1, NDP-23, and NDP-24.1.
Conservative
Liberal
The Vice-Chair Liberal Francis Scarpaleggia
We're going to vote on Ms. Duncan's amendments.
(Amendments negatived)
(Clauses 19 and 20 agreed to)
(On clause 21)
Liberal
The Vice-Chair Liberal Francis Scarpaleggia
We have a Bloc amendment, BQ-2.
This vote will apply to BQ-4, BQ-6, BQ-8, BQ-10, BQ-12, and BQ-16.
Bloc
Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC
Mr. Chair, these amendments concern clauses 21, 30, 44, 58, 93, 97, 109 and 118. I'm referring to BQ-2.
I move that Bill C-16, in Clause 21, be amended by replacing, in the French version, line 16 on page 27 with the following:“gnent peuvent entrer sur une propriété privée”.
The purpose of this amendment, Mr. Chair, is to ensure agreement between the French and English versions. At issue here is the right of passage. We are proposing to replace “dans une propriété privée” by “sur une propriété privée”. The English version of the act is worded as follows: “may enter on and pass through”. It would therefore be preferable, in our opinion, to substitute the word “sur” for the word “dans”. This would be a simple linguistic amendment.
Liberal
Liberal
David McGuinty Liberal Ottawa South, ON
Mr. Bigras, the text of the proposed amendment is exclusively in French.
Could you explain the English text to us?
Bloc
Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC
As I just explained, the purpose of the amendment is to ensure agreement between the French and English versions.
Let's look at the English version. Do you have it handy?
Bloc
Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC
It reads as follows:
“may enter on and pass through”.
The current French version says “peuvent entrer dans”. We are suggesting that it read instead “entrer sur”. The word “sur” would be substituted for the word “dans” in the French version.
Liberal
David McGuinty Liberal Ottawa South, ON
That's not what I mean. I was referring to the text of the amendment. Do you understand what I'm saying?
Liberal
Bloc
Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC
That's correct. I cannot amend the substance of the provision.
Liberal
The Vice-Chair Liberal Francis Scarpaleggia
Would anyone care to comment on this amendment? Would departmental officials care to add to what Mr. Bigras said? Do you agree with the proposed amendment?
Darlene Pearson Legislation and Policy, Parks Canada Agency
Thank you for your comments, Mr. Bigras.
In the bill, we are proposing that agents be allowed to freely enter property, whether land or a building, to carry out inspections, to discharge their duties.
In my opinion, there is agreement between the two versions. In this particular instance, we rely on our jurilinguists who revised the bill.
Would you have anything to add to that, Lucie?
Lucie Bourbonnière Senior Counsel, Parks Canada, Legal Services, Department of Justice
Regarding the process followed when drafting legislative texts reviewed by jurilinguists, care is taken to ensure agreement between the French and English versions. The drafters also bear in mind our bijural legal system which is based on both common law and civil law principles.
They assured us that it was entirely appropriate in this instance to use the word “dans” as this better reflects the English concepts of “enter on” and “pass through or over”. Inspections can be conducted not only on land, but also inside buildings, and so forth.
