Evidence of meeting #39 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 chair.
A video is available from Parliament.
Liberal
The Chair Liberal Francis Scarpaleggia
Ms. Pauzé, you have the amendment in front of you. I believe we all have the amendment in front of us in both official languages. Mr. Bittle is simply explaining certain things.
Mr. Bittle, you may continue, more slowly if possible.
Liberal
Chris Bittle Liberal St. Catharines, ON
Thank you very much, Mr. Chair.
I'll just pick up from where I left off, that “subsection 7(3)” is removed from clause 27, because it changed in the course of our review. Originally, it was referred in the minister's authority to extend the time limit on setting the 2030 target. It was then replaced by government amendment G- 3 with a new subclause 7(3), which provides that each greenhouse gas emissions target “must be as ambitious as Canada's most recent nationally determined contribution communicated target under the Paris Agreement.”
Basically, since the Statutory Instruments Act would not apply in this situation, “subsection 7(3)” should be removed in order to clarify, based on amendments we've made before.
Liberal
The Chair Liberal Francis Scarpaleggia
You have the floor, Ms. Pauzé.
Then we will give the floor to Mr. Albas.
Bloc
Monique Pauzé Bloc Repentigny, QC
Mr. Chair, I'd also like to add an amendment, which was just sent to Ms. Crandall. I would like to know—
Liberal
Liberal
Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Mr. Chair, this just shows that this process, as I've said, has been compressed. The government, in its hurry to make a deal with the NDP, didn't do its homework, and now is making these last moment Hail Mary-type passes to make sure that the bill is somewhat functional.
This is not a great process. Quite honestly, someone on the government side should be asking questions about why they can't get both sides of the equation to equal.
Liberal
The Chair Liberal Francis Scarpaleggia
That's noted.
(Amendment agreed to: yeas 7; nays 4 [See Minutes of Proceedings])
Madam Pauzé, you have an amendment.
Bloc
Liberal
The Chair Liberal Francis Scarpaleggia
Ms. Pauzé, I'm told that your amendment does not fall under clause 27, it becomes a new clause, clause 27.1.
Liberal
The Chair Liberal Francis Scarpaleggia
Yes, but clause 27 hasn't carried yet, Ms. Pauzé.
Do we need to vote on that first, Ms. Thivierge?
Liberal
The Chair Liberal Francis Scarpaleggia
All right.
Ms. Pauzé, we will debate your amendment after Ms. May's.
Is it Ms. May's, correct, Ms. Thivierge?
Legislative Clerk
Yes, that's correct, because the committee received Ms. May's amendment before Ms. Pauzé's.
Liberal
The Chair Liberal Francis Scarpaleggia
Perfect.
May we vote on clause 27 as amended, Madam Clerk?
Mr. Albas, I think your hand is up from before.
Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Mr. Chair. I'm sorry.
(Clause 27 as amended agreed to on division)
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Mr. Chair, I think committee members will recall that a number of the few witnesses we had spoke to the question of justiciability to make sure that this bill could have some measures that have accountability. Unfortunately, this was paired with my amendment that said the minister must achieve the targets. However, there remain a number of mandatory duties: the minister must prepare targets, must set milestone years and must take into account science.
Subclauses 7(1), 7(2) and 7(4), clause 8 and subclauses 9(1) and 9(2) include mandatory duties that could engage an application for judicial review. That's why I'm proposing clause 27.1, which was supported by, I think, West Coast Environmental Law and by a number of other organizations. It provides some guidance that this legislation anticipates judicial review of ministerial obligations, and says that where someone could seek judicial review within the Federal Court and relief, it's available under subsections 18(1) and 18.1(3) of the Federal Courts Act.
I hope members will find that this amendment deserves support so it can become part of Bill C-12.
(Amendment negatived: nays 5; yeas 2)