Debates of June 13th, 2012

Jobs, Growth and Long-term Prosperity Act

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 273

That Bill C-38 be amended by deleting Clause 132.

Motion No. 274

Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 133.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the hon. member for Etobicoke North, moved:

Motion No. 275

That Bill C-38, in Clause 133, be amended by replacing line 8 on page 150 with the following:

“thing impeding the free”

Motion No. 276

That Bill C-38, in Clause 133, be amended by replacing line 36 on page 150 with the following:

“that fish may potentially be harvested under the authority of a”

Motion No. 277

That Bill C-38, in Clause 133, be amended by replacing lines 5 and 6 on page 151 with the following:

“to fish includes

(a) the death of, or harm to, any fish; and

(b) any temporary or permanent harmful alteration to, or disruption or destruction of, any fish habitat.”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 278

That Bill C-38 be amended by deleting Clause 134.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion n^o 279

That Bill C-38, in Clause 134, be amended by replacing line 17 on page 151 with the following:

“programs and, if the Minister has determined, on the basis of the features and scope of the programs, that the programs are equivalent in their capabilities to meet and ensure compliance with the provisions of this Act, otherwise harmonizing those”

Motion n^o 280

That Bill C-38, in Clause 134, be amended by replacing lines 20 and 21 on page 151 with the following:

“tween the parties and the public, including the exchange and public dissemination of scientific information and any other information relevant to the public; and”

Motion n^o 281

That Bill C-38, in Clause 134, be amended by replacing lines 22 to 24 on page 151 with the following:

“(c) facilitating public consultation, participation in decision-making processes and the entry into arrangements with third-party stakeholders who are directly or indirectly affected.”

Motion n^o 282

That Bill C-38, in Clause 134, be amended by replacing line 25 on page 151 with the following:

“(2) An agreement may, while ensuring the integrity of the federal government's constitutionally defined jurisdiction and responsibility with respect to fisheries, establish”

Motion n^o 283

That Bill C-38, in Clause 134, be amended by replacing line 37 on page 151 with the following:

“the parties, including the exchange and dissemination to the public of scien-”

Motion n^o 284

That Bill C-38, in Clause 134, be amended by replacing line 14 on page 152 with the following:

“into or renewing the agreement that shall ensure that meaningful public participation is sought and taken into consideration.”

Motion n^o 285

That Bill C-38, in Clause 134, be amended by adding after line 14 on page 152 the following:

“(3.1) For the purposes of paragraph (1)(a), any agreement entered into with a province must ensure the integrity of the federal government's constitutional jurisdiction over fisheries, by

(a) establishing that the province, for the purposes of the agreement, acts as an agent of the federal government in executing the agreement; and

(b) requiring the province, as a condition of the agreement, to report to the Minister.”

Motion n^o 286

That Bill C-38, in Clause 134, be amended by replacing lines 20 to 24 on page 152 with the following:

“provision under the laws of the province that, after consulation with experts, stakeholders and members of the public, is determined to be equivalent in effect to a provision of the regulations, the Governor in Council may, by order, declare that certain provisions of the regulations do not apply in the”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 287

That Bill C-38 be amended by deleting Clause 135.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the hon. member for Etobicoke North, moved:

Motion n^o 288

That Bill C-38, in Clause 135, be amended by replacing line 9 on page 154 with the following:

“commercial, recrea-”

Motion n^o 289

That Bill C-38, in Clause 135, be amended by replacing lines 13 and 14 on page 154 with the following:

“in place to prevent serious harm to fish or fish habitat, including those that are part of a commercial, recreational”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 290

That Bill C-38 be amended by deleting Clause 136.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the hon. member for Etobicoke North, moved:

Motion No. 291

That Bill C-38, in Clause 136, be amended by replacing line 39 on page 154 to line 1 on page 155 with the following:

“(2) If, on the basis of expert opinion, the Minister considers it necessary to ensure the free passage of fish or to prevent harm to fish, the owner or person who has the charge, management or control of any water intake, ditch, channel or canal in Canada constructed or adapted for conducting water from any Canadian fisheries waters for irrigating, manufacturing, power generation, domestic or other purposes shall, on the Minister’s request, within the”

Motion No. 292

That Bill C-38, in Clause 136, be amended by replacing line 16 on page 155 with the following:

“Minister considers, based on expert opinion, sufficient to permit the”

Motion No. 293

That Bill C-38, in Clause 136, be amended by replacing line 20 on page 155 with the following:

“quantity of water that the Minister considers, based on expert opinion,”

Motion No. 294

That Bill C-38, in Clause 136, be amended by replacing lines 12 and 13 on page 156 with the following:

“(e) in any way stop, impede or hinder fish from entering or passing through any fishway or canal, or stop, impede or hinder fish from sur-”

Motion No. 295

That Bill C-38, in Clause 136, be amended by replacing lines 19 to 21 on page 156 with the following:

“(g) fish in any manner within 25 m downstream from the lower entrance to any fishway, canal, obstacle or leap.”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 296

That Bill C-38 be amended by deleting Clause 137.

Motion No. 297

That Bill C-38 be amended by deleting Clause 138.

Motion No. 298

That Bill C-38 be amended by deleting Clause 139.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the hon. member for Etobicoke North, moved:

Motion No. 299

That Bill C-38, in Clause 139, be amended by replacing line 3 on page 157 with the following:

“32. (1) No person shall kill or harm fish by any”

Motion No. 300

That Bill C-38, in Clause 139, be amended by replacing line 6 on page 157 with the following:

“the killing of or harm to fish is done in such a way as to ensure, according to expert advice based on an independent analysis, the absolute minimum destruction of or disturbance to fish populations and habitats necessary in order to carry out the work, undertaking or activity and”

Motion No. 301

That Bill C-38, in Clause 139, be amended by replacing lines 25 to 31 on page 157 with the following:

“(2)(a) to (e) that applies to them is guilty of

(a) an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding $300,000 and, for any subsequent offence, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding six months, or to both; or

(b) an indictable offence and liable, for a first offence, to a fine not exceeding $1,000,000 and, for any subsequent offence, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding three years, or to both.”

Motion No. 302

That Bill C-38 be amended by adding after line 32 on page 157 the following new clause:

“139.1 The Act is amended by adding the following after section 32:

32.1 Every owner or occupier of a water intake, ditch, channel or canal referred to in subsection 30(1) who refuses or neglects to provide and maintain a fish guard, screen, covering or netting in accordance with subsections 30(1) to (3), permits the removal of a fish guard, screen, covering or netting in contravention of subsection 30(3) or refuses or neglects to close a sluice or gate in accordance with subsection 30(4) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding two hundred thousand dollars and, for any subsequent offence, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both.”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 303

That Bill C-38 be amended by deleting Clause 140.

Motion No. 304

That Bill C-38 be amended by deleting Clause 141.

Motion No. 305

That Bill C-38 be amended by deleting Clause 142.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the hon. member for Etobicoke North, moved:

Motion No. 306

That Bill C-38, in Clause 142, be amended by replacing line 5 on page 158 with the following:

“(2) If conducted in accordance with expert advice that is based on an independent analysis so as to ensure the absolute minimum of destruction or disruption of fish populations and fish habitat, a person may carry on a work, under-”

Motion No. 307

That Bill C-38, in Clause 142, be amended by replacing line 35 on page 158 with the following:

“harm to fish or fish habitat, including those that are part of any commercial,”

Motion No. 308

That Bill C-38, in Clause 142, be amended by replacing line 40 on page 158 with the following:

“(d) the serious harm to fish or fish habitat is produced as a result of”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 309

That Bill C-38 be amended by deleting Clause 143.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion No. 310

That Bill C-38, in Clause 143, be amended by replacing line 17 on page 159 with the following:

“made by the Governor in Council under subsection (5) applicable to that”

Motion No. 311

That Bill C-38, in Clause 143, be amended by replacing line 22 on page 159 with the following:

“by the Governor in Council under subsection (5.1) and that is deposited”

Motion No. 312

That Bill C-38, in Clause 143, be amended by deleting lines 26 to 29 on page 159.

Motion No. 313

That Bill C-38, in Clause 143, be amended by adding after line 10 on page 160 the following:

“(5.2) No regulation made under subsection (5.1) may authorize any deposit of a deleterious substance unless the deposit is conducted in such a manner as to ensure the absolute minimum of destruction or disruption of fish populations and fish habitat.”

Motion No. 314

That Bill C-38, in Clause 143, be amended

(a) by replacing line 13 on page 160 with the following:

“under subsection (5) or (5.1) shall, when”

(b) by replacing line 15 on page 160 with the following:

“made under paragraph (5)(e) or (5.1)(d) or any”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 315

That Bill C-38 be amended by deleting Clause 144.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion No. 316

That Bill C-38, in Clause 144, be amended by replacing lines 46 and 47 on page 161 with the following:

“results or is likely to result in alteration, disruption or serious harm to any fish or fish habitat, including those that are part of a commercial, recreational”

Motion No. 317

That Bill C-38, in Clause 144, be amended by replacing lines 20 and 21 on page 162 with the following:

“results or is likely to result in alteration, disruption or serious harm to any fish or fish habitat, including those that are part of a commercial,”

Motion No. 318

That Bill C-38, in Clause 144, be amended by replacing lines 5 and 6 on page 163 with the following:

“activity results or has the potential to result in alteration, disruption or serious harm to any fish or fish habitat in an ecologically significant area, the”

Motion No. 319

That Bill C-38, in Clause 144, be amended by replacing line 1 on page 164 with the following:

“(c) defining, on the basis of peer-reviewed literature and expert opinion, “ecologically significant area””

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 320

That Bill C-38 be amended by deleting Clause 145.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion No. 321

That Bill C-38, in Clause 145, be amended by replacing line 8 on page 164 with the following:

“enforcement of this Act, provided that, with regard to the designation of any analyst, the analyst has been independently recognized as qualified to be so designated.”

Motion No. 322

That Bill C-38, in Clause 145, be amended by replacing line 30 on page 164 with the following:

“habitat or serious harm to fish or fish habitat, or”

Motion No. 323

That Bill C-38, in Clause 145, be amended by replacing lines 3 and 4 on page 165 with the following:

“prescribed by the regulations of any alteration, disruption or destruction of fish”

Motion No. 324

That Bill C-38, in Clause 145, be amended by replacing line 16 on page 165 with the following:

“substance in water that is not”

Motion No. 325

That Bill C-38, in Clause 145, be amended by replacing lines 20 and 21 on page 165 with the following:

“humans of fish results or could potentially result from the occurrence, then”

Motion No. 326

That Bill C-38, in Clause 145, be amended by replacing line 30 on page 167 with the following:

“(i) alteration or disruption of fish habitat, or serious harm to fish or fish habitat, including those that are part of a”

Motion No. 327

That Bill C-38, in Clause 145, be amended by replacing line 40 on page 167 with the following:

“that results in any alteration or disruption of fish habitat, or serious harm to any fish or fish habitat, including those that are part”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 328

That Bill C-38 be amended by deleting Clause 146.

Motion No. 329

That Bill C-38 be amended by deleting Clause 147.

Motion No. 330

That Bill C-38 be amended by deleting Clause 148.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion No. 331

That Bill C-38, in Clause 148, be amended by replacing lines 15 to 21 on page 174 with the following:

“42.1 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish habitat protection and pollution prevention for that year, including for those fisheries of particular commercial or recreational value and any fisheries of cultural or economic value for Aboriginal communities.”

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

moved:

Motion No. 332

That Bill C-38 be amended by deleting Clause 149.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion No. 333

That Bill C-38, in Clause 149, be amended by replacing line 40 on page 174 with the following:

“(i.01) excluding certain fisheries, on the basis of public consultation and expert opinion, from the defini-”

Motion No. 334

That Bill C-38, in Clause 149, be amended by replacing lines 1 to 5 on page 176 with the following:

“(2) The Governor in Council may, by regulation, add”

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, I believe you misread Motion No. 333. It reads “excluding certain fisheries”, and you said “including certain fisheries”.

[The Acting Speaker, Conservative, Barry Devolin]

The Chair appreciates the assistance of all hon. members.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Etobicoke North, moved:

Motion No. 335

That Bill C-38, in Clause 149, be amended by replacing line 11 on page 176 with the following:

“(3) Regulations made under subsection (2)”

Motion No. 336

That Bill C-38, in Clause 149, be amended by replacing line 16 on page 176 with the following:

“(5) The Governor in Council may, for the purpose of emergency response and after consulting with experts, make”