Evidence of meeting #113 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 line.
A recording is available from Parliament.
NDP
Linda Duncan NDP Edmonton Strathcona, AB
I wanted to also add to that from the floor, to add a new section 35.1.
Conservative
Ed Fast Conservative Abbotsford, BC
I would like a recorded vote.
(Amendment negatived: nays 5; yeas 4 [See Minutes of Proceedings])
Liberal
The Chair Liberal Deb Schulte
Okay, you're on page 26. We are just finished line 31. We are not yet on 32, where we have other amendments. What are you wanting to put in after proposed section 35?
NDP
Linda Duncan NDP Edmonton Strathcona, AB
It's 35.1. That would be at line 32. You would add it in ahead of “Impact Assessment by a Review Panel”.
It would say, “Any information provided to the minister by that jurisdiction or the proponent must be disclosed to the public.”
Conservative
Ed Fast Conservative Abbotsford, BC
I would like a recorded vote.
(Amendment negatived: nays 5; yeas 4 [See Minutes of Proceedings])
Liberal
The Chair Liberal Deb Schulte
PV-37 has been withdrawn, and we are now on PV-38.
If it is adopted, LIB-34 cannot be moved, because there will be a line conflict. Just keep that in mind.
Ms. May.
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Thank you, Madam Chair.
As members can see, this is a lengthy amendment. It is based on very useful testimony from the Canadian Environmental Law Association that in exercising the discretion of the minister whether to refer a project to a review panel, right now our legislation just says the minister can decide if it's in the public interest.
My amendment sets out specific time limits for that consideration by the minister, that it is to be posted up to 45 days after the impact statement has been placed in the registry. The minister then “must refer the impact assessment of that designated project to a review panel when the Minister determines it is in the public interest to do so and may refer the impact assessment to a review panel at the request of any person”. The additional proposed subsection says that if the minister is requested to refer the impact assessment to a review panel, the minister must make a decision within a prescribed period of time.
Over the page, it sets out in more detail what the minister must consider in looking at whether something is in the public interest, such as “concerns of the public or Indigenous groups” and “opportunities for cooperation with other jurisdictions”. It refers back to the fact that the minister must consider “the purposes of the Act”, “the federal government's duty to foster sustainability and apply the precautionary principle”, and so on and so forth.
This is essentially again an attempt to backfill this legislation, to cover off wide areas of discretion without guidance from a minister.
It's a pretty critical amendment. I hope it will be well received, but I recognize there are line conflicts with an upcoming Liberal amendment.
Conservative
Ed Fast Conservative Abbotsford, BC
I would like a recorded vote.
(Amendment negatived: nays 8; yeas 1 [See Minutes of Proceedings])
Liberal
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Thank you, Madam Chair.
Again, we're on the same page, looking at the lines found from 5 to 7 and the minister's determination as to whether referral of the project to a review panel is in the public interest. We are finding ways to ensure that instead of that determination having to “include” a consideration of the listed factors, that it “be based on” such consideration. Again, it's an attempt to tighten up discretion.
Liberal
Conservative
Ed Fast Conservative Abbotsford, BC
I would like a recorded vote.
(Amendment negatived: nays 8; yeas 1 [See Minutes of Proceedings])
Liberal
William Amos Liberal Pontiac, QC
I'll cover this off for Mr. Fisher because I know he was doing housekeeping with the government—
Liberal
Liberal
William Amos Liberal Pontiac, QC
This is really an amendment just to make sure the decision on whether to refer a project to a panel is consistent with other decision points in the legislation, and it will ensure that the minister considers the impacts on the rights of indigenous peoples.
It is fairly straightforward, but if there is any need to ask the officials for any additional explanation, then I'm sure they will be happy to provide that.
NDP
Linda Duncan NDP Edmonton Strathcona, AB
I have an amendment to paragraph 1(c) by adding after line 15 on page 27, after “1982”, “ and the United Nations Declaration on the Rights of Indigenous People”.