House of Commons Hansard #232 of the 36th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was amendments.
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 48
That Bill C-32, in Clause 47, be amended by adding after line 16 on page 31 the following:
“(3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.”
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 49
That Bill C-32, in Clause 48, be amended by replacing line 17 on page 31 with the following:
“48. The Minister shall, with the agreement of the provincial governments concerned, establish a national”
Motion No. 50
That Bill C-32, in Clause 54, be amended by replacing line 16 on page 33 with the following:
“quality of the environment, the Minister shall, with the agreement of the provincial governments concerned,”
Canadian Environmental Protection Act, 1999Government Orders
Hull—Aylmer Québec
Liberal
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 51
That Bill C-32, in Clause 54, be amended by adding after line 18 on page 34 the following:
“(3.1) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (3), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.”
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 52
That Bill C-32, in Clause 55, be amended by replacing line 27 on page 34 with the following:
“this Act, the Minister of Health shall, with the agreement of the provincial governments concerned, issue”
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 56
That Bill C-32, in Clause 62, be amended by replacing, in the French version, line 1 on page 38 with the following:
«62. (1) Le ministre établit, en tenant compte notam-»
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 57
That Bill C-32, in Clause 62, be amended by replacing line 1 on page 38 with the following:
“62. (1) The Minister shall, with the agreement of the provincial governments concerned, and with particular”
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 58
That Bill C-32, in Clause 62, be amended by adding after line 15 on page 38 the following:
“(3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.”
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 59
That Bill C-32, in Clause 63, be amended by replacing line 16 on page 38 with the following:
“63. (1) The Minister may, with the agreement of the provincial governments concerned, and for the purposes”
Motion No. 60
That Bill C-32, in Clause 63, be amended by replacing line 23 on page 38 with the following:
“(2) The Minister may, with the agreement of the provincial governments concerned, establish a program to”
Motion No. 69
That Bill C-32, in Clause 67, be amended by replacing line 37 on page 40 with the following:
“recommendation of the Ministers and with the agreement of the provincial governments concerned, make regu-”
Motion No. 74
That Bill C-32, in Clause 69, be amended by replacing line 26 on page 42 with the following:
“the case may be, may, with the agreement of the provincial governments concerned, issue guidelines for the”
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 80
That Bill C-32, in Clause 76, be amended by adding after line 42 on page 46 the following:
“(2.1) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.”
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 81
That Bill C-32, in Clause 76, be amended by replacing line 7 on page 47 with the following:
“(5) The Ministers may, with the agreement of the provincial governments concerned, amend the Priority”
Motion No. 105
That Bill C-32, in Clause 89, be amended by replacing line 8 on page 61 with the following:
“89. (1) The Governor in Council may, with the agreement of the provincial governments concerned, on the”
Motion No. 106
That Bill C-32, in Clause 90, be amended by replacing line 36 on page 62 with the following:
“the Ministers and with the agreement of the provincial governments concerned, make an order adding the”
Motion No. 107
That Bill C-32, in Clause 90, be amended by replacing line 5 on page 63 with the following:
“sary, on the recommendation of the Ministers and with the agreement of the provincial governments concerned,”
Motion No. 116
That Bill C-32, in Clause 93, be amended by replacing line 17 on page 65 with the following:
“mendation of the Ministers and with the agreement of the provincial governments concerned, make regulations”
Motion No. 119
That Bill C-32, in Clause 93, be amended by replacing line 31 on page 67 with the following:
“in Council and with the agreement of the provincial governments concerned, the regulation regulates an aspect”
Motion No. 120
That Bill C-32, in Clause 94, be amended by replacing line 8 on page 68 with the following:
“the Minister may, with the agreement of the provincial governments concerned, make an interim order in re-”
Motion No. 121
That Bill C-32, in Clause 94, be amended by replacing line 27 on page 68 with the following:
“the significant danger and obtained the agreement of the provincial governments concerned; and”
Motion No. 125
That Bill C-32, in Clause 97, be amended by replacing line 38 on page 71 with the following:
“97. The Governor in Council may, with the agreement of the provincial governments concerned, make”
Motion No. 129
That Bill C-32, in Clause 100, be amended by replacing line 2 on page 74 with the following:
“order, with the agreement of the provincial governments concerned,”
Motion No. 133
That Bill C-32, in Clause 102, be amended by replacing line 7 on page 75 with the following:
“the recommendation of the Ministers and with the agreement of the provincial governments concerned, made”
Motion No. 146
That Bill C-32, in Clause 114, be amended by replacing line 2 on page 85 with the following:
“the recommendation of the Ministers and with the agreement of the provincial governments concerned, make”
Motion No. 147
That Bill C-32, in Clause 115, be amended by replacing line 34 on page 86 with the following:
“dation of the Ministers and with the provincial governments concerned, make regulations”
Motion No. 155
That Bill C-32, in Clause 118, be amended by replacing line 2 on page 88 with the following:
“recommendation of the Minister and with the agreement of the provincial governments concerned, make regu-”
Motion No. 156
That Bill C-32, in Clause 119, be amended by replacing line 35 on page 88 with the following:
“may, with the agreement of the provincial governments concerned, in writing, direct a manufacturer or”
Motion No. 159
That Bill C-32, in Clause 121, be amended by replacing line 10 on page 90 with the following:
“tion with any other affected minister and with the agreement of the provincial governments concerned, issue”
Motion No. 160
That Bill C-32, in Clause 121, be amended by replacing line 16 on page 90 with the following: a ) shall consult with the govern-”
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 161
That Bill C-32, in Clause 121, be amended by adding after line 32 on page 90 the following:
“(3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)( a ), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.”
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 167
That Bill C-32, in Clause 135, be amended by replacing line 2 on page 101 with the following:
“the recommendation of the Minister and with the agreement of the provincial governments concerned, make”
Motion No. 169
That Bill C-32, in Clause 135, be amended by replacing line 32 on page 101 with the following:
“recommendation of the Minister and with the agreement of the provincial governments concerned, by order,”
Motion No. 171
That Bill C-32, in Clause 140, be amended by replacing line 38 on page 103 with the following:
“the recommendation of the Minister and with the agreement of the provincial governments concerned, make”
Motion No. 172
That Bill C-32, in Clause 140, be amended by replacing line 39 on page 104 with the following:
“(2) The Governor in Council may, with the agreement of the governments of the provinces concerned, make a”
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 173
That Bill C-32, in Clause 140, be amended by adding after line 24 on page 105 the following:
“(5) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (4), the Minister may recommend a regulation to the Governor in Council under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.”
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 174
That Bill C-32, in Clause 145, be amended by replacing line 22 on page 106 with the following:
“the recommendation of the Minister and with the agreement of the provincial governments concerned, make”
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 176
That Bill C-32, in Clause 145, be amended by adding after line 11 on page 107 the following:
“(3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may recommend a regulation to the Governor in Council under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.”
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 181
That Bill C-32, in Clause 156, be amended by replacing line 11 on page 113 with the following:
“ernor in Council may, with the agreement of the provincial governments concerned, by order, grant an”
Motion No. 183
That Bill C-32, in Clause 160, be amended by replacing line 11 on page 117 with the following:
“the recommendation of the Minister and with the agreement of the provincial governments concerned, make”
Motion No. 189
That Bill C-32, in Clause 173, be amended by replacing line 9 on page 126 with the following:
“173. (1) The Minister may, with the agreement of the provincial governments concerned, make an interim”
Motion No. 195
That Bill C-32, in Clause 177, be amended by replacing line 39 on page 128 with the following:
“recommendation of the Minister and with the agreement of the provincial governments concerned, make regu-”
Motion No. 197
That Bill C-32, in Clause 183, be amended by replacing line 6 on page 133 with the following:
“183. (1) The Minister may, with the agreement of the provincial governments concerned, make an interim”
Motion No. 203
That Bill C-32, in Clause 191, be amended by replacing line 18 on page 137 with the following:
“recommendation of the Minister and with the agreement of the provincial governments concerned, make regu-”
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 204
That Bill C-32, in Clause 197, be amended a ) by replacing line 18 on page 139 with the following:
“197. (1) In carrying out the responsibilities” b ) by adding after line 28 on page 139 the following:
“(2) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (1), the Minister may act under section 196 if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.”
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 205
That Bill C-32, in Clause 197, be amended by replacing line 20 on page 139 with the following:
“consult with the government of a”
Motion No. 207
That Bill C-32, in Clause 200, be amended by replacing line 22 on page 141 with the following:
“the recommendation of the Minister and with the agreement of the provincial governments concerned and after”
Motion No. 208
That Bill C-32, in Clause 204, be amended by replacing line 6 on page 146 with the following:
“204. (1) The Minister may, with the agreement of the provincial governments concerned, establish, in”
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 209
That Bill C-32, in Clause 208, be amended by replacing line 10 on page 149 with the following:
“agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.”
Motion No. 210
That Bill C-32, in Clause 208, be amended by adding after line 10 on page 149 the following:
“(3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)( a ), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a territory or members of the Committee who are representatives of aboriginal governments.”
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 211
That Bill C-32, in Clause 209, be amended by replacing line 12 on page 149 with the following:
“the recommendation of the Minister and with the agreement of the provincial governments concerned, make”
Marcel Massé Liberalfor the Minister of the Environment
moved:
Motion No. 212
That Bill C-32, in Clause 209, be amended by replacing line 12 on page 152 with the following:
“agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.”
Motion No. 213
That Bill C-32, in Clause 209, be amended by adding after line 12 on page 152 the following:
“(4) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (3)( a ), the Minister may recommend a regulation to the Governor in Council under this section if the offer to consult is not accepted by the government of a territory or members of the Committee who are representatives of aboriginal governments.”
Motion No. 215
That Bill C-32, in Clause 218, be amended by replacing, in the French version, lines 12 to 15 on page 161 with the following:
«d'imprimé ou toute autre forme intelligible; c ) emporter tout imprimé ou sortie de données pour examen ou reproduction; d ) utiliser ou faire utiliser le matériel de»
Jocelyne Girard-Bujold Bloc Jonquière, QC
moved:
Motion No. 216
That Bill C-32, in Clause 210, be amended by replacing line 15 on page 152 with the following:
“this Act or any other Act of Parliament or an Act of the legislature of a province, or”
Canadian Environmental Protection Act, 1999Government Orders
The Hon. Marcel Massé (on behalf of the Minister of the Environment)
moved:
Motion No. 225
That Bill C-32, in Clause 323, be amended ( a ) by replacing line 16 on page 209 with the following:
“323. (1) In carrying out the responsibilities” b ) by adding after line 27 on page 209 the following:
“(2) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (1), the Minister may act under section 322 if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.”
Paddy Torsney LiberalParliamentary Secretary to Minister of the Environment
Mr. Speaker, in addressing the Group No. 2 motions before us I thought that perhaps a little description might help those who are watching.
Most of the Group No. 2 amendments focus on federal-provincial issues. Eleven government motions put in place a 60 day limit for other governments to accept our offer of consultation. Over 40 Bloc Quebecois motions seek to provide a provincial veto against any federal action. Four government motions ensure French-English concurrence and two government motions enable consultation with crown corporations.
With regard to the 60 day limit on the offer to consult, the Government of Canada is committed to working co-operatively with provincial, territorial and aboriginal governments to protect the environment and health of Canadians.
One of the ways in which Bill C-32 will help promote co-operation is through provisions that require an offer to consult to other governments on proposed measures. For legitimate reasons other governments may not always be interested in consulting with the federal government on a proposed measure. In these cases we do not want the requirements to offer to consult to create unnecessary delays.
For this reason the government has introduced amendments that would allow the Minister of the Environment to proceed with a proposed measure if after 60 days other governments have not taken up that offer. This does not limit the amount of time for consultation, only the offer.
With regard to the Bloc Quebecois amendments, they would seek to remove provisions of Bill C-32 to recognize the national dimension of CEPA, the environmental protection act, and the federal government's leadership role in protecting the environment and health of all Canadians.
We know that political borders offer no protection against pollution. We also know that one government acting alone cannot meet today's environmental challenge.
In Canada, history has shown us that environmental success is linked to co-operation among governments, whether it is tackling acid rain or protecting the earth's ozone layer. Bill C-32 recognizes that co-operation is essential. The Bloc Quebecois motions, however, suggest that co-operation is a one-way street. It wants provincial governments to have a veto to prevent federal government action to protect the environment and health of Canadians.
The Bloc Quebecois wants to strip the bill of its power to make defence of the environment a national responsibility.
It wants to strip the bill of its power to promote federal government commitments to provide national leadership in environmental matters.
These Bloc Quebecois motions are out of step with the reality of the environmental challenges that we all face. All governments have a role to play. In its 1997 decision, the supreme court upheld the federal government's jurisdiction to control toxic substances in Canada.
Rightfully, the court pointed out that environmental protection required the involvement of all levels of government. This is what Canadians expect, and what they deserve.
Bill C-32 provides the federal government with new tools to assist it in doing its part to protect the environment. This is legislation that will benefit all Canadians.
Bill Gilmour Reform Nanaimo—Alberni, BC
Mr. Speaker, we are dealing with Group No. 2 amendments that, as the parliamentary secretary has said, deal mainly with the delegation of authority between provincial and federal governments.
These amendments have all been proposed by the Bloc and the government. Reform has no amendments within this group. However, we would also like to comment.
The Bloc amendments proposed by the member for Jonquière basically propose to give provincial governments a veto throughout the legislation. Reform has regularly been the first party to defend the interests of the provinces and when we are talking about federal interference, which these amendments would create, we certainly cannot support them. In environmental issues we have long called for the rationalization of laws between the provinces and the federal government. However, there has to be a working relationship. The provinces should not have a veto.
When the Standing Committee on the Environment and Sustainable Development studied the roles of the federal and provincial governments regarding the environment, it concluded that it did not have sufficient information to sort out whether there was an overlap, where there was an overlap and where the changes were needed. In fact, the committee called for greater study on the harmonization as it went forward.
It is interesting that this week the Commissioner of the Environment and Sustainable Development tabled a report which included a section on federal-provincial relations. The commissioner found that there was limited reference to environmental protection in the objectives. There were no stated requirements to assess the impact of agreements. Affected industries still face regulatory inconsistencies. There was no requirement for audit. There was no detailed accounting of federal funds transferred and there were weak reporting guidelines.
The commissioner also called for clear goals to protect the environment at minimal expense to the taxpayer, mechanisms to hold responsible parties accountable, regular reporting to parliament, analysis of risks before entering into an agreement, a federal back-up plan and a clear understanding of which government is responsible for what issues.
Clearly there is room for improvement in federal-provincial relationships and we will continue to call on the government to ensure that environmental laws are harmonized in the best interests of the environment as well as good government, both provincially and federally. However, the amendments put forward by the Bloc are not in the interests of federal-provincial harmonization. They are clearly an attempt to undermine the authority of Bill C-32, the act we are talking about today.
Reform supports the role of the federal government in establishing national standards for the environment in areas of federal jurisdiction, yet Bloc Motion No. 4 proposes to eliminate federal commitment to continue to demonstrate national leadership in establishing environmental standards, ecosystem objectives and environmental quality guidelines and codes of practice. We cannot in good faith support such an amendment.
The Canadian Environmental Protection Act falls largely under federal jurisdiction, yet it also provides for provincial consultation and co-operation throughout the bill. However, as I have stated before, many of the Bloc amendments attempt to remove or weaken all references regarding the federal role in the environment, particularly when it deals with the administration of toxic substances.
Motion No. 43, for example, requires the agreement of the provinces when the minister gives notice requiring information for the purposes of conducting research, creating data inventories, issuing guidelines or assessing or reporting on the state of the environment. Although the co-operation of the provinces is highly desirable, this amendment is clearly unnecessary and is an attempt to undermine the bill. Many of the Bloc amendments are similar in nature.
Clearly it is important that the federal government work in co-operation with the provinces on environmental matters. However, we do not support the federal government overriding areas of provincial jurisdiction or making international agreements, such as the Kyoto protocol, without the consultation and consent of the provinces. Those are decisions that require the consent of all the provinces before an agreement is signed, not after.
We are all aware that the environment is a shared responsibility and environmental issues must be dealt with in co-operation and good faith, respecting the interests and jurisdictions of both governments. Obviously governments must work together in the interests of the environment. However, many of the amendments put forward by the Bloc are not in the interests of provincial co-operation. They are simply roadblocks to prevent the bill from realizing its goals, which are to protect the environment.
Often Bloc amendments propose provincial consent in areas that are clearly science based decisions. Such decisions should not be political. For example, Motion No. 81 proposes that the minister obtain the permission of provincial governments when amending the priority substances list and Motion No. 107 requires the ministers to have provincial consent when eliminating substances from the toxic substances list. Clearly these decisions should be science based. Decisions to remove substances from the priority substances list should be based on clear evidence that the listing of that substance is no longer necessary for the health of Canadians and our environment. Such decisions should be based on sound environmental practices and science, not politics. Science should be the determining factor.
We cannot support many of the proposed amendments put forward by the member for Jonquière as they would simply render the bill unworkable and weaken it. However, we find that Bloc Motions Nos. 160 and 205 merit support, so we will support them. These two amendments strengthen co-operation between governments by not just proposing that the minister offer to consult with the provinces, but that the minister consult with concerned provincial governments. These amendments apply to clause 197 when the minister issues guidelines respecting the prevention of, preparedness for and response to an environmental emergency, and for restoring any part of the environment damaged by or during an emergency.
There are 11 reasonable government motions which we will be supporting. These motions basically set up clear timelines for consultation. They propose a 60 day timeline for governments to take up federal offers of consultation. After 60 days the minister may act in accordance with section 2 of the legislation if the offer to consult is not accepted by any government or committee. This amendment gives the government clear guidelines with which to respond to the minister and allows the minister to move forward when talks are at a bypass.
In our view Group No. 2 would be weakened by many of the Bloc amendments which we will not be supporting. However, we will be supporting some of the government amendments that are timely. As there is such a grab bag we will take a piecemeal approach at the time of voting.