Evidence of meeting #22 for Environment and Sustainable Development in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Ms. Isabelle Duford
Jacques Maziade  Legislative Clerk
Émilie Thivierge  Legislative Clerk
Helen Ryan  Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment
Richard Tarasofsky  Deputy Director, Oceans and Environmental Law Division, Department of Foreign Affairs, Trade and Development
Nathalie Perron  Director, Waste Reduction and Management Division, Department of the Environment
Laura Farquharson  Director General, Legislative and Regulatory Affairs, Department of the Environment
Dany Drouin  Director General, Plastics and Waste Management Directorate, Department of the Environment

5:35 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

Helen Ryan

I'm going to call on Laura Farquharson to answer that question.

5:35 p.m.

Laura Farquharson Director General, Legislative and Regulatory Affairs, Department of the Environment

I'm sorry, but it cut out halfway through, so I didn't hear what the question was.

5:35 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Could you repeat the question, Ms. Saks?

5:35 p.m.

Liberal

Ya'ara Saks Liberal York Centre, ON

Certainly. Does this amendment address the larger problem of recycling when it's sent to foreign countries?

5:35 p.m.

Director General, Legislative and Regulatory Affairs, Department of the Environment

Laura Farquharson

I think someone from the program is probably more suited to answering that.

5:35 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

Helen Ryan

Yes. I'm sorry. I had understood it as a different question.

I will call upon Nathalie Perron.

5:35 p.m.

Director, Waste Reduction and Management Division, Department of the Environment

Nathalie Perron

Thank you very much.

As written, the bill deals with final disposal and would not apply to waste that is destined for recycling. I will let you conclude how that could help with what was raised in the context of the NGO's comment, but as we understand it right now, this bill is dealing with final disposal only.

5:35 p.m.

NDP

Laurel Collins NDP Victoria, BC

In response to Ms. Saks's question and comments, for the latter portion of this amendment, it's really important to know that Canada has ratified specific amendments, but they have not ratified a very crucial amendment around waste for “special consideration”.

What we heard from the testimony from Mr. Puckett.... He was our witness from the organization focused on the Basel Convention. He said that this amendment would actually fill in an important gap in the current legislation, and that he was hoping to see us align our language with the parts of the Basel Convention that we haven't yet ratified.

In response to what we have heard from officials, yes, absolutely, since 2016 we have changed our regulations to require permits whenever plastic garbage is exported to countries that see that waste as hazardous, but since 2016 we have been seeing.... In 2019, there were reports from Malaysia and Cambodia that they had found containers of Canadian plastic garbage in their ports. Clearly, the 2016 changes have not addressed the issue.

The amendments that came in most recently in December are amendments that don't actually cover hazardous waste, or waste for special consideration in particular, which is why I have put forward this amendment.

5:40 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Seeing no other speakers, we can go to a vote on this amendment.

(Amendment negatived: nays 9; yeas 2 [See Minutes of Proceedings])

5:40 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Are there any other amendments that someone would like to move?

As no one is moving CPC-2 or CPC-3, we will be moving on to Bloc-1.

5:40 p.m.

Bloc

Monique Pauzé Bloc Repentigny, QC

It will come as no surprise to you that the Bloc Québécois is thinking about provincial and federal jurisdiction.

I believe it would also reassure people in the industry, who were asking a lot of questions about the fact that the bill didn't distinguish between levels of jurisdiction. That's why I am proposing this amendment, which respects the jurisdiction of the federal and provincial governments.

5:40 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Okay.

We will hear from Mr. Bittle, Mr. Albas and Mr. Baker.

Go ahead, Mr. Bittle.

We have you, Mr. Albas and then Mr. Baker on Madam Pauzé's amendment.

5:40 p.m.

Liberal

Chris Bittle Liberal St. Catharines, ON

I appreciate that. I have a question for the officials.

Can you please help us understand how this amendment would impact the functioning of the proposed prohibition?

5:40 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

Helen Ryan

I'm going to call upon Laura Farquharson to answer the question.

5:40 p.m.

Director General, Legislative and Regulatory Affairs, Department of the Environment

Laura Farquharson

Strictly speaking, it's not necessary because all laws are interpreted in light of the Constitution, so a federal law has to be exercised in federal jurisdiction.

Moreover, there's already a section in CEPA—section 2—that covers the idea. It says that “the Government of Canada shall, having regard to the Constitution”, administer the act, so the idea of being within your jurisdiction is already in CEPA. In fact, if you add it to this part, it might introduce some confusion about whether it's a concept that applies only to this part or to other parts of CEPA.

5:40 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Does that answer your question, Mr. Bittle?

5:40 p.m.

Liberal

Chris Bittle Liberal St. Catharines, ON

It does. Do I still have the floor or should I put my hand back up, Mr. Chair?

5:40 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

You still have the floor.

5:40 p.m.

Liberal

Chris Bittle Liberal St. Catharines, ON

Thank you. Further, I have another couple of questions for the officials, but I'm happy to proceed however the committee would like.

I was wondering if the officials could explain how the Government of Canada works with provinces and municipalities in managing plastic waste.

5:40 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

Helen Ryan

I'll call upon Dany Drouin to answer this question.

March 29th, 2021 / 5:40 p.m.

Dany Drouin Director General, Plastics and Waste Management Directorate, Department of the Environment

Thank you.

There are a few points to say on this one. The transboundary movement of plastic waste is a responsibility of the federal government. The CEPA allows for issuing permits to municipalities, but to provinces and territories first, to manage the recycling and the treatment of waste, and then municipalities do the operations. That is in general how it works.

Having said that, there's a strong collaboration between all levels of government, in particular around the CCME action plan for zero plastic waste or, generally speaking, in programs by the federal government that incentivize infrastructure, for example.

Thanks.

5:45 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Thank you.

Does that answer your question, Mr. Bittle?

5:45 p.m.

Liberal

Chris Bittle Liberal St. Catharines, ON

It does.

Could the officials explain how the government ensures that it considers provincial jurisdiction when protecting the environment?

5:45 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

Helen Ryan

I'm going to call upon Laura Farquharson to answer that question, Mr. Chair.

5:45 p.m.

Director General, Legislative and Regulatory Affairs, Department of the Environment

Laura Farquharson

I think that's a very general question. Every day, obviously, the environment is an area of shared jurisdiction, so in developing or implementing all legislation, that is considered. People are aware of the various sources of jurisdiction that are provided for in the Constitution and that's considered in our daily work.