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.
Conservative
Ed Fast Conservative Abbotsford, BC
Could we ask the officials to comment on the impact and the import of making this proposed section 31 subject to proposed sections 32 and 33? I'm referring to section 31(1).
Christine Loth-Bown Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency
As the proposed legislation lays out, in terms of the minister's power to do substitution to another jurisdiction, proposed section 31 is subject to proposed section 33 already, which includes the conditions outlined there in the legislation. In addition, the minister can add additional conditions when substituting because substitution is done on a case-by-case and a project-by-project basis and there's an agreement that's established for that, so additional conditions can even be added at that time, if necessary. It is subject to proposed section 33.
Conservative
Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency
It already lays out that proposed section 31 is subject to proposed section 33.
Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency
As noted in the first line, subject to proposed sections 32 and 33, the minister is of the opinion that they can move forward with substitution.
Conservative
Ed Fast Conservative Abbotsford, BC
She's proposing to delete those first six words, so what is the impact of that? Does it improve this at all?
Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency
I can't speak to whether it improves or doesn't improve.
Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency
I can just lay out what's already within there.
Green
Elizabeth May Green Saanich—Gulf Islands, BC
With respect to Christine, there's the exercise of discretion and then there's mandatory language. This is an objective test that the project meets proposed section 33, as opposed to the case where the minister is satisfied that it does. Therefore, he or she, as the future minister, may in fact be satisfied, but an objective test that a court looks at may say, “well, we don't think it meets the conditions in 33”. That's the change I'm attempting to make.
NDP
Linda Duncan NDP Edmonton Strathcona, AB
I just want clarification about why Ms. May doesn't want to reference proposed section 32. Are you thinking that it's mandatory enough that you don't have to repeat?
Conservative
Ed Fast Conservative Abbotsford, BC
Can we have a recorded vote, Madam Chair?
(Amendment negatived: nays 8; yeas 1 [See Minutes of Proceedings])
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Thank you.
Again, this is in a series of efforts that I have been making to expand the content of notices for public information. You'll find on page 24 at line 34 that there's a notice inviting public comment, so that when the minister receives a request for substitution, the agency must post the request on the Internet. I'm adding that it will be posted, as well as a description of the substitution and a notice that invites the public to participate, which is further and better information for the public.
Conservative
Ed Fast Conservative Abbotsford, BC
I'd like a recorded vote.
(Amendment negatived: nays 8; yeas 1 [See Minutes of Proceedings])
Green
Elizabeth May Green Saanich—Gulf Islands, BC
This is a recommendation from West Coast Environmental Law. As our current draft reads, the minister's decision to request substitution must be posted on the Internet site.
My amendment would provide additional information. The agency would have to post a notice of the minister's proposed decision, and where applicable, any conditions the minister intends establish with respect to the substitution, as well as a notice that invites the public to provide comments on the proposed decision and intended conditions within 30 days. Additionally, the agency would have to post on the Internet site a notice of the minister's final decision with respect to the request for a substitution that includes the reasons for it as well as any conditions the minister may have established related to that substitution.
Again, it's a fuller set of public notifications of what the minister proposes to do in relation only to substitution.
Conservative
Ed Fast Conservative Abbotsford, BC
I'd like a recorded vote.
(Amendment negatived: nays 8; yeas 1 [See Minutes of Proceedings])
