House of Commons Hansard #146 of the 37th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was endangered.

Topics

Species at Risk ActGovernment Orders

10:35 a.m.

The Acting Speaker (Mr. Bélair)

All those opposed will please say nay.

Species at Risk ActGovernment Orders

10:35 a.m.

Some hon. members

Nay.

Species at Risk ActGovernment Orders

10:35 a.m.

The Acting Speaker (Mr. Bélair)

In my opinion the nays have it.

And more than five members having risen:

Species at Risk ActGovernment Orders

10:35 a.m.

The Acting Speaker (Mr. Bélair)

The recorded division on Motion No. 128 stands deferred.

Species at Risk ActGovernment Orders

10:35 a.m.

The Acting Speaker (Mr. Bélair)

We will now move on to the motions in Group No. 2.

Species at Risk ActGovernment Orders

10:35 a.m.

Bloc

Francine Lalonde Bloc Mercier, QC

moved:

Motion No. 2

That Bill C-5, in the preamble, be amended by adding after line 27 on page 2 the following:

“the protection of habitats and species on provincial lands is entirely under provincial jurisdiction,”.

Motion No. 11

That Bill C-5, in Clause 4, be amended by replacing line 41 on page 7 with the following:

“living organisms on federal lands or under the continental”.

Species at Risk ActGovernment Orders

10:35 a.m.

Cardigan P.E.I.

Liberal

Lawrence MacAulay Liberalfor the Minister of the Environment

moved:

Motion No. 23

That Bill C-5, in Clause 10.1, be amended by replacing lines 4 to 6 on page 10 with the following:

“10.1 The Minister, after consultation with the Canadian Endangered Species Conservation Council, may establish a stewardship action plan that creates”

Motion No. 35

That Bill C-5, in Clause 27, be amended by

(a) replacing lines 6 to 34 on page 17 with the following:

“27. (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the List by adding a wildlife species, by reclassifying a listed wildlife species or by removing a listed wildlife species.”

(b) deleting lines 5 to 13 on page 18.

Species at Risk ActGovernment Orders

10:35 a.m.

Canadian Alliance

Scott Reid Canadian Alliance Lanark—Carleton, ON

moved:

Motion No. 39

That Bill C-5, in Clause 32, be amended by replacing line 30 on page 19 with the following:

“32. (1) No person shall knowingly kill, harm, harass,”.

Motion No. 44

That Bill C-5, in Clause 33, be amended by replacing line 10 on page 20 with the following:

“33. No person shall knowingly damage or destroy the”

Species at Risk ActGovernment Orders

10:35 a.m.

Bloc

Francine Lalonde Bloc Mercier, QC

moved:

Motion No. 48

That Bill C-5, in Clause 34, be amended by deleting lines 17 to 24 on page 20.

Species at Risk ActGovernment Orders

10:35 a.m.

Cardigan P.E.I.

Liberal

Lawrence MacAulay Liberalfor the Minister of the Environment

moved:

Motion No. 49

That Bill C-5, in Clause 34, be amended by

(a) replacing line 25 on page 20 with the following:

“(2) The Governor in Council may, on the”

(b) deleting lines 39 to 45 on page 20 and lines 1 to 10 on page 21;

(c) replacing lines 14 to 21 on page 21 with the following:

“(a) the appropriate provincial minister; and

(b) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board.”.

Species at Risk ActGovernment Orders

10:40 a.m.

Bloc

Francine Lalonde Bloc Mercier, QC

moved:

Motion No. 50

That Bill C-5, in Clause 34, be amended by deleting lines 25 to 33 on page 20.

Motion No. 51

That Bill C-5, in Clause 34, be amended by deleting lines 34 to 38 on page 20.

Motion No. 52

That Bill C-5, in Clause 34, be amended by deleting lines 39 to 45 on page 20.

Motion No. 53

That Bill C-5, in Clause 34, be amended by deleting lines 1 to 4 on page 21.

Motion No. 54

That Bill C-5, in Clause 34, be amended by deleting lines 5 to 7 on page 21.

Motion No. 55

That Bill C-5, in Clause 34, be amended by deleting lines 8 to 21 on page 21.

Species at Risk ActGovernment Orders

10:40 a.m.

Cardigan P.E.I.

Liberal

Lawrence MacAulay Liberalfor the Minister of the Environment

moved:

Motion No. 56

That Bill C-5, in Clause 35, be amended by

(a) replacing lines 22 to 26 on page 21 with the following:

“35. (1) Sections 32 and 33 apply in each of the territories in respect of a listed wildlife species only to the extent that the Governor in Council, on the recommendation of the Minister, makes an order providing that they, or any of them, apply.”

(b) replacing line 37 on page 21 with the following:

“protect the species or the residences of its individuals.”

(c) deleting lines 38 to 44 on page 21 and lines 1 to 13 on page 22;

(d) replacing lines 17 to 24 on page 22 with the following:

“ter; and

(b) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, consult the wildlife management board.”

Species at Risk ActGovernment Orders

10:40 a.m.

Canadian Alliance

Scott Reid Canadian Alliance Lanark—Carleton, ON

moved:

Motion No. 57

That Bill C-5, in Clause 36, be amended by replacing line 28 on page 22 with the following:

“territorial minister, no person shall knowingly”.

Species at Risk ActGovernment Orders

10:40 a.m.

Bloc

Francine Lalonde Bloc Mercier, QC

moved:

Motion No. 67

That Bill C-5, in Clause 39, be amended by replacing line 34 on page 23 with the following:

“39. (1) The recovery”.

Motion No. 74

That Bill C-5, in Clause 48, be amended by replacing line 31 on page 27 with the following:

“48. (1) An action plan”.

Species at Risk ActGovernment Orders

10:40 a.m.

Cardigan P.E.I.

Liberal

Lawrence MacAulay Liberalfor the Minister of the Environment

moved:

Motion No. 78

That Bill C-5, in Clause 53, be amended by

(a) replacing lines 15 and 16 on page 30 with the following:

“53. (1) The competent minister must,”

(b) deleting lines 29 to 32 on page 30.

Species at Risk ActGovernment Orders

10:40 a.m.

Canadian Alliance

Scott Reid Canadian Alliance Lanark—Carleton, ON

moved:

Motion No. 80

That Bill C-5, in Clause 58, be amended by replacing line 39 on page 31 with the following:

“58. (1) No person shall knowingly destroy any part of”.

Species at Risk ActGovernment Orders

10:50 a.m.

Cardigan P.E.I.

Liberal

Lawrence MacAulay Liberalfor the Minister of the Environment

moved:

Motion No. 84

That Bill C-5, in Clause 58, be amended by replacing lines 1 to 42 on page 32 and lines 1 to 7 on page 33 with the following:

“species or of a listed threatened species—or of a listed extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada—

(a) if the critical habitat is on federal lands, in the exclusive economic zone of Canada or on the continental shelf of Canada;

(b) if the listed species is an aquatic species; or

(c) if the listed species is a species of migratory birds protected by the Migratory Birds Convention Act, 1994.

(2) If a portion of the critical habitat is in a national park, a marine protected area under the Oceans Act, a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 or a national wildlife area under the Canada Wildlife Act, the competent Minister must, within 90 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, publish in the Canada Gazette a description of the portion of the critical habitat that is in that park, area or sanctuary.

(3) If subsection (2) applies, subsection (1) applies to the portion of the critical habitat described in the Canada Gazette under subsection (2) 90 days after the description is published in the Canada Gazette.

(4) With respect to any of the following, subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the competent minister, after consultation with every other competent minister, by order, specify:

(a) federal lands that are not in a park, area or sanctuary referred to in subsection (2);

(b) the exclusive economic zone of Canada;

(c) the continental shelf of Canada;

(d) aquatic species; and

(e) species of migratory birds protected by the Migratory Birds Convention Act, 1994.

(5) The competent minister must, within 180 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, make the recommendation if he or she is of the opinion that there are no provisions in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11.

(6) If the competent minister is of the opinion that the order would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the order.

(7) If the competent minister is of the opinion that the order would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian and Northern Affairs and the band before recommending the making of the order.

(8) If the competent minister is of the opinion that the order would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the order.”.

Species at Risk ActGovernment Orders

10:50 a.m.

Canadian Alliance

Scott Reid Canadian Alliance Lanark—Carleton, ON

moved:

Motion No. 86

That Bill C-5, in Clause 60, be amended by replacing line 12 on page 34 with the following:

“rial minister, no person shall knowingly destroy any part”.

Motion No. 90

That Bill C-5, in Clause 61, be amended by replacing line 22 on page 34 with the following:

“61. (1) No person shall knowingly destroy any part of”.

Species at Risk ActGovernment Orders

10:50 a.m.

Canadian Alliance

Andy Burton Canadian Alliance Skeena, BC

moved:

Motion No.94

That Bill C-5, in Clause 61, be amended by replacing lines 22 to 40 on page 34 and lines 1 to 40 on page 35 with the following:

“61. No person shall destroy any part of the critical habitat of an aquatic species or of a listed endangered species or a listed threatened species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994, that is in a province or territory and is not on federal land.”.

Species at Risk ActGovernment Orders

10:50 a.m.

Canadian Alliance

Scott Reid Canadian Alliance Lanark—Carleton, ON

moved:

Motion No. 95

That Bill C-5, in Clause 61, be amended by deleting lines 27 to 40 on page 34 and lines 1 to 40 on page 35.

Species at Risk ActGovernment Orders

10:50 a.m.

Cardigan P.E.I.

Liberal

Lawrence MacAulay Liberalfor the Minister of the Environment

moved:

Motion No. 96

That Bill C-5, in Clause 61, be amended by

(a) replacing lines 28 to 40 on page 34 and lines 1 to 17 on page 35 with the following:

“respect of an aquatic species or a species of migratory birds protected by the Migratory Birds Convention Act, 1994.

(2) Subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the Minister, by order, specify.

(3) The Minister may make a recommendation if

(a) a provincial minister or territorial minister has requested that the recommendation be made; or

(b) the Canadian Endangered Species Conservation Council has recommended that the recommendation be made.”

(b) replacing line 28 on page 35 with the following:

“not effectively protect the particular portion of the”.

Species at Risk ActGovernment Orders

10:50 a.m.

Canadian Alliance

Andy Burton Canadian Alliance Skeena, BC

moved:

Motion No. 97

That Bill C-5, in Clause 61, be amended by replacing lines 32 to 40 on page 34 and lines 1 to 15 on page 35 with the following:

“(3) The Minister may make a recommendation if a provincial or territorial minister has requested that the recommendation be made.”.

Species at Risk ActGovernment Orders

10:50 a.m.

Bloc

Francine Lalonde Bloc Mercier, QC

moved:

Motion No. 98

That Bill C-5, in Clause 61, be amended by deleting lines 38 to 40 on page 34.

Motion No. 99

That Bill C-5, in Clause 61, be amended by deleting lines 1 to 5 on page 35.

Motion No. 100

That Bill C-5, in Clause 61, be amended by deleting lines 6 to 8 on page 35.

Motion No. 101

That Bill C-5, in Clause 61, be amended by deleting lines 9 to 11 on page 35.

Motion No. 102

That Bill C-5, in Clause 61, be amended by deleting lines 12 to 15 on page 35.

Species at Risk ActGovernment Orders

10:55 a.m.

Cardigan P.E.I.

Liberal

Lawrence MacAulay Liberalfor the Minister of the Environment

moved:

Motion No. 112

That Bill C-5, in Clause 65, be amended by

(a) replacing lines 37 and 38 on page 36 with the following:

“65. If a wildlife species is listed as”

(b) deleting lines 1 to 6 on page 37.

Motion No. 113

That Bill C-5, in Clause 68, be amended by replacing lines 1 to 11 on page 38 with the following:

“68. (1) Subject to subsection (2), the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern.

(2) With respect to a wildlife species that is set out in Schedule 1 as a species of special concern on the day section 27 comes into force, the competent minister must include a proposed management plan in the public registry within five years after that day.

(3) Within 60 days after the proposed management plan is included in the public registry, any person may file written comments with the competent minister.

(4) Within 30 days after the expiry of the period referred to in subsection (3), the competent minister must consider any comments received, make any changes to the proposed management plan that he or she considers appropriate and finalize the management plan by including a copy of it in the public registry.”.

Species at Risk ActGovernment Orders

10:55 a.m.

Canadian Alliance

Scott Reid Canadian Alliance Lanark—Carleton, ON

moved:

Motion No. 122

That Bill C-5, in Clause 100, be amended by replacing lines 16 and 17 on page 57 with the following:

“100. A person is not guilty of an offence under this Act unless the person knowingly committed the act that is the subject of the offence.”

Debate arose on the motions in Group No. 2.