Environment Committee on May 22nd, 2018

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

We do.

[The Chair, Liberal, Deb Schulte]

Okay. Let's go.

(Amendment negatived [See Minutes of Proceedings])

[The Chair, Liberal, Deb Schulte]

We're on to PV-78.

Ms. May.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Thank you very much, Madam Chair.

I'm sorry that I missed some of my amendments due to clause-by-clause on Bill C-74.

This amendment is very straightforward. It's moving in....

I know there have been sympathetic amendments that are similar from Liberal members, but in order to incorporate UNDRIP properly, the agency's object “to engage in consultation with the Indigenous peoples”, this is added on page 77 between lines 35 and 36. It's to consult with the Indigenous peoples, not just with the reference to section 35 of the Constitution Act but specifically with a direct reference to the United Nations Declaration on the Rights of Indigenous Peoples.

[The Chair, Liberal, Deb Schulte]

We've had this a few times and we've discussed it.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

Can I ask a question, though?

[The Chair, Liberal, Deb Schulte]

Yes, go ahead.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

It's making a reference to section 35. Surely that means it's already covered, in the sense that anything that is procured by section 35 is automatically entrenched de facto in the Constitution. Hence, there's no possibility that you could legally do this if it's in violation of section 35.

Is that not correct?

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

That's correct.

That's why my amendment expands it to what the government says it will want to do, which is to also respect the United Nations Declaration on the Rights of Indigenous Peoples.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

I see. Got it.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

It's awfully nice to see you at committee, Mr. Reid.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

It's always nice to see you.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Thank God there's someone here for a Harry Potter reference if one is appropriate.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

I'm always available.

[The Chair, Liberal, Deb Schulte]

Let's get back to work.

PV-78 was an error. We had actually voted against it before.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

I thought so, but I didn't—

[The Chair, Liberal, Deb Schulte]

It did not pass, and we are now moving along.

We're now on NDP-63.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

This adds two new paragraphs, on page 78 after line 9.

Here we're dealing with the agency's duties. It would add in the duty to “track compliance with monitoring and reporting obligations with respect to the follow-up programs”—the Liberals like that term—“and report annually on the matter, including on aspects of follow-up programs that are under the control of other jurisdictions”.

Secondly, it would add:

ensure that lessons learned about the accuracy of the predictions made during past impact assessments are shared with the public and brought to the attention of those involved in relevant future impact assessments under this Act.

Clearly the agency should be responsible for tracking compliance. We've added this whole part about enforcement and compliance, so it seems logical that it would be the agency that would track and report on that.

There have been ongoing concerns by the public that when conditions are attached, there is no follow-up and no reporting on whether those are being delivered on. It would require reporting annually on what's happening with compliance with the conditions, and to report about resulting actions in terms of adaptive management of the approved project.

There you go.

[The Chair, Liberal, Deb Schulte]

Shall the amendment carry?

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

I am opposed.

[The Chair, Liberal, Deb Schulte]

Wait a minute. If you want to record it, you have to call for a recorded vote.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

Please, I would like a recorded vote.

[The Chair, Liberal, Deb Schulte]

We'll have a recorded vote, and I'm not reminding anybody again. I think I've done it enough times. Between the three of you, figure it out.

(Amendment negatived: nays 8; yeas 1 [See Minutes of Proceedings])

All right, that did not pass.

We're going to take a five-minute break. We'll suspend for five minutes to take a nutrition break.

[The Chair, Liberal, Deb Schulte]

We'll resume.

We were at NDP-64.

Ms. Duncan.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

This one, at line 12 on page 78, gives clear legislative direction to the agency to consult indigenous people who are affected by the project. It prevents an ad hoc approach to consultation.

This was raised by a number of first nations. They thought it was important enough to make the point that it is not sufficient simply to say consult with indigenous peoples. It must specify “that may be affected by the carrying out of the designated project”.