Evidence of meeting #112 for Environment and Sustainable Development in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was agency.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Jean-Sébastien Rochon  Counsel, Department of Justice
Christine Loth-Bown  Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency
Brent Parker  Director, Legislative and Regulatory Affairs Division, Canadian Environmental Assessment Agency
Olivier Champagne  Legislative Clerk, House of Commons

6:10 p.m.

Liberal

The Chair Liberal Deb Schulte

It doesn't work.

6:10 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

You can read it two ways. That's the problem.

6:10 p.m.

Liberal

The Chair Liberal Deb Schulte

All right, I understand what you're trying to do.

6:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

I don't see any problem with it. Proposed subsection 16(1) says:

After posting a copy of the notice on the Internet site under subsection15(3), the Agency must, subject to section 17, decide whether an impact assessment of the designated project is required.

This part says that your decision will be thus and so. It limits the exercise of that discretion.

6:10 p.m.

Liberal

The Chair Liberal Deb Schulte

No, it doesn't....

Go ahead.

6:10 p.m.

Legislative Clerk, House of Commons

Olivier Champagne

The proposed amendment to new subsection 16(2.1) says that these are the situations where an assessment is required—(a), (b), and (c), are the situations where an assessment is required.

6:10 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Put the colon after “decisions”.

6:10 p.m.

Legislative Clerk, House of Commons

Olivier Champagne

You cannot add “prior to”, because—

6:10 p.m.

Liberal

The Chair Liberal Deb Schulte

Okay, from what I can see, it doesn't work, so we're not going to not accept that subamendment.

6:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

By their amendment, it is already excluded, because the law already says that if they've made those decisions, the minister cannot order an assessment, and neither can the agency.

6:10 p.m.

Liberal

The Chair Liberal Deb Schulte

I think we understand what the challenge is here. I'm not accepting the inadmissible amendment to the amendment.

Let's vote. Shall amendment PV-19.1 carry?

6:10 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

A recorded vote.

(Amendment negatived: nays 7; yeas 1) [See Minutes of Proceedings])

6:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

It's pretty obvious that it should be in there.

6:10 p.m.

Liberal

The Chair Liberal Deb Schulte

The amendment is not carried.

I know what you're trying to do there, but it maybe wasn't the right place.

We are now at LIB-14.

Go ahead, Mr. Fisher.

6:10 p.m.

Liberal

Darren Fisher Liberal Dartmouth—Cole Harbour, NS

I will try. I just found out a few minutes ago that I will be moving LIB-14 on behalf of Mr. Amos.

On page 17, at line 14, it refers to posting a copy of the notice on the Internet site. The amendment is that Bill C-69, in clause 1, be amended by adding after line 14 on page 17 the following:

(1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for it to conduct the impact assessment.

6:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Which one are you reading?

6:10 p.m.

Liberal

Darren Fisher Liberal Dartmouth—Cole Harbour, NS

It's page 17 in the bill, starting at line 14.

We did hear that the bill needs to provide a bit more clarity—much like John Aldag's amendment that we moved earlier—on what factors will be considered in assessments and in decision-making. This one clarifies which factors will be considered in the early planning phase, and it will help with consistency across the different stages of the assessment process.

6:10 p.m.

Liberal

The Chair Liberal Deb Schulte

It's LIB-14.

Are you with us Linda?

6:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

This is where the agency has already decided that there will be an impact assessment, and then this is deciding what will be in the terms of reference.

6:10 p.m.

Liberal

Darren Fisher Liberal Dartmouth—Cole Harbour, NS

It is which factors would be considered in the early planning.

6:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

In the actual assessment. Okay.

6:10 p.m.

Liberal

The Chair Liberal Deb Schulte

Okay?

6:10 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Chair, this was [Inaudible—Editor]

6:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Thank God. The bill wasn't obvious there.

6:10 p.m.

Liberal

The Chair Liberal Deb Schulte

Shall the amendment carry?

We'll have a recorded vote.

(Amendment agreed to: yeas 7; nays 0)