Environment Committee on March 29th, 2021

[The Chair, Liberal, Francis Scarpaleggia]

Okay.

Ms. Collins, are you moving NDP-1?

[Laurel Collins, NDP, Victoria, BC]

I am.

[The Chair, Liberal, Francis Scarpaleggia]

Would you like to speak to that?

[Laurel Collins, NDP, Victoria, BC]

The intent behind this motion is to align the language in the bill with the Basel Convention. Other countries have done this in line with our commitments in the Basel Convention. We want to ensure that we are not shipping waste to countries that do not have the infrastructure to deal with it.

Also, an important piece of this amendment is that it specifically talks about the amendment that Canada hasn't ratified—specifically, around the waste for “special consideration”—and that is an important gap in this bill that needs to be strengthened. I hope that I will have the support of the committee to move this forward.

[The Chair, Liberal, Francis Scarpaleggia]

I have Madam Pauzé and then Mr. Longfield.

[Monique Pauzé, Bloc, Repentigny, QC]

May I present my amendment?

[The Chair, Liberal, Francis Scarpaleggia]

We're not there yet. We are debating the NDP's first amendment.

[Monique Pauzé, Bloc, Repentigny, QC]

The NDP amendment affects clause 1, and so does mine. It would add subsection 1.4.

[The Chair, Liberal, Francis Scarpaleggia]

I think we need to do things in order.

[Monique Pauzé, Bloc, Repentigny, QC]

Okay.

[The Chair, Liberal, Francis Scarpaleggia]

Go ahead, Mr. Longfield.

[Lloyd Longfield, Liberal, Guelph, ON]

I think this amendment really significantly changes Bill C-204 from its current form. I wonder whether the clerk could comment on whether this amendment is admissible, given the wide range of changes that it provides.

[The Chair, Liberal, Francis Scarpaleggia]

Could the legislative clerk speak to that?

[Émilie Thivierge, Legislative Clerk]

Yes. Thank you, Mr. Chair.

The way we see it is that Bill C-204 is prohibiting the export of certain types of plastic waste to foreign countries for final disposal, and NDP-1 also seeks to prohibit the exportation of plastic waste, so that's why we believe it's receivable.

[The Chair, Liberal, Francis Scarpaleggia]

Okay.

Mr. Longfield, does that answer your question?

[Lloyd Longfield, Liberal, Guelph, ON]

I can see the reasoning about that, but in terms of what this amendment is going to do, it's prohibiting something that already applies to the exports for final disposal. The recycling isn't defined in the bill or the act's regulations, so that's going to create some uncertainty.

If adopted, this term could be clarified in regulations that are already made under paragraph 191(a) of CEPA, so again, this is one of those things where we're already doing it. This isn't adding anything other than possibly introducing some confusion to what we've already agreed to internationally.

[The Chair, Liberal, Francis Scarpaleggia]

Mr. Bittle.

[Chris Bittle, Liberal, St. Catharines, ON]

Thank you so much, Mr. Chair.

Ms. Collins' amendment appears to be based on the jurisdictions that are exempt from the application of the Basel ban amendment under the Basel Convention.

My understanding is that government officials spoke to the reason Canada did not ratify the ban amendment, and I am wondering if I could ask the officials present if they could clarify whether this amendment would be necessary to control plastic waste exports, or if Canada's existing regulations already control this waste.

[The Chair, Liberal, Francis Scarpaleggia]

That is a question for the officials. I don't know who wants to go on this.

[Helen Ryan, Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment]

Thank you, Mr. Chair.

This amendment is not necessary to provide the authorities, as they do already exist and they are controlled through the regulatory regime that we have in place.

[The Chair, Liberal, Francis Scarpaleggia]

Thank you.

Mr. Bittle, does that answer your question?

[Chris Bittle, Liberal, St. Catharines, ON]

It does, and if I still have the floor and can have a follow-up question, I'm wondering if I could have clarification from the officials on a separate point. Would limiting the scope of a proposed prohibition to non-OECD countries be inconsistent with Canada's international trade obligations?

[The Chair, Liberal, Francis Scarpaleggia]

Would that be Mr. Tarasofsky perhaps?

[Helen Ryan]

Yes, it would.

[Richard Tarasofsky, Deputy Director, Oceans and Environmental Law Division, Department of Foreign Affairs, Trade and Development]

Thank you.

I'm afraid I can't provide a legal opinion on that.