Evidence of meeting #43 for Environment and Sustainable Development in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was right.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

John Moffet  Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment
Laura Farquharson  Director General, Legislative and Regulatory Affairs, Environmental Protection Branch, Department of the Environment
Michael MacPherson  Legislative Clerk

2:50 p.m.

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

John Moffet

I don't know if we have a formal legal definition. Laura maybe able to elaborate.

The inclusion of the principle is intended to ensure that there is no reversal of environmental protection—

2:50 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

It's so there's no backsliding, basically.

2:50 p.m.

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

John Moffet

—no diminution of any environmental protection that has already been established. It doesn't set a bar that needs to be attained—

2:50 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Yes.

December 9th, 2022 / 2:50 p.m.

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

John Moffet

It says once we've attained a bar, we don't move backwards.

2:50 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Okay.

Ms. Collins, your hand was up, right?

2:50 p.m.

NDP

Laurel Collins NDP Victoria, BC

Yes. I was going to answer the question.

On the government's web page there are examples. It says, “non-regression (e.g., continuous improvement in environmental protection).”

2:50 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Ms. Pauzé, you have the floor.

2:50 p.m.

Bloc

Monique Pauzé Bloc Repentigny, QC

I would like to point out that in amendment G‑4, the government will propose a definition of the principle of non-regression.

2:50 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

I more or less understand what it means, but I think it's pretty clear, based on the answers we've been given.

Do any other members of the committee wish to speak further?

It appears not, so we will put amendment NDP‑6 to the vote.

(Amendment agreed to: yeas 7; nays 4. [See Minutes of Proceedings])

We go now to amendment BQ-2.

Ms. Pauzé, you have the floor.

2:50 p.m.

Bloc

Monique Pauzé Bloc Repentigny, QC

The presentation of the amendment will be brief, Mr. Chair.

With this amendment, we want to strengthen the fundamental principles for the implementation of the right to a healthy environment.

We have amply complained that, given where the right to a healthy environment is enshrined in Bill S‑5, it is not a real right. Still, we are trying to strengthen its implementation by establishing it among the administrative obligations contained in section 2 of CEPA.

The wording would be:

(a.3) adhere to the principles of environmental justice—including by avoiding adverse effects that disproportionately affect vulnerable populations—the principle of non-regression and the principle of intergenerational equity;

You will also have noticed that the principle of non-regression is back.

2:50 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Mr. Kurek—

I'm sorry, Ms. Collins. Was your hand up?

2:50 p.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

I have a point of order, Mr. Chair.

2:50 p.m.

NDP

Laurel Collins NDP Victoria, BC

It was, on a point of order.

2:50 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Oh, okay. I'm sorry.

Do you both have points of order?

2:50 p.m.

NDP

Laurel Collins NDP Victoria, BC

I'm sure they're the same, just on the same line we amended last time.

2:50 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

It's Mr. Kurek first, then Ms. Collins and then Mr. Weiler.

2:50 p.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Thanks, Chair. I didn't want to interrupt, but if I'm reading correctly, I'd question whether or not this is in order, given the amendment that was passed just prior to this one. I'd ask, Mr. Chair, if that could be clarified.

2:55 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

I will consult on that.

They are very similar, I'm told. In amendment NDP-6 there's a reference to paragraph (a.2), and in amendment BQ-2 there's no reference to paragraph (a.2). I'm told that you can add to any clause. It would be renumbered. They can't both be (a.3). I'm told it's not out of order. It may be a little repetitive, but it's not out of order.

Ms. Collins, was that your point of order too? Was it the same?

2:55 p.m.

NDP

Laurel Collins NDP Victoria, BC

Yes.

2:55 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Mr. Weiler, was it the same point?

2:55 p.m.

Liberal

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Yes, it was the same point.

2:55 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

We can vote on it. It's up to the committee to decide if it wants to reinforce this idea. Is there anyone else? Should we just go to the vote?

You had your hand up. I'm sorry. I didn't see it.

2:55 p.m.

NDP

Laurel Collins NDP Victoria, BC

Yes, I did have my hand up.

I just want to see if maybe Madame Pauzé wants to withdraw it, given that it has almost exactly the same language except for the word “uphold”, which I think is strong, in the last amendment. I just want to check in with Madame Pauzé to see if she wants it to have the same—

2:55 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

She said no. I heard a no.