Debates of June 13th, 2012

Jobs, Growth and Long-term Prosperity Act

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

, seconded by the member for Etobicoke North, moved:

Motion No. 147

That Bill C-38, in Clause 71, be amended by replacing line 25 on page 99 with the following:

“an application, the Chairperson may propose a motion to put in place a”

Motion No. 148

That Bill C-38, in Clause 71, be amended by replacing line 42 on page 99 with the following:

“authorized to deal with the application if a motion for such a representative action is carried by vote of the members of the Board.”

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

moved:

Motion No. 149

That Bill C-38 be amended by deleting Clause 72.

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

, seconded by the member for Etobicoke North, moved:

Motion No. 150

That Bill C-38, in Clause 72, be amended by replacing lines 34 to 40 on page 100 with the following:

“(2.1) For greater certainty, if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the Board shall elect a third member to satisfy the quorum requirements established under subsection (2).”

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

moved:

Motion No. 151

That Bill C-38 be amended by deleting Clause 73.

Motion No. 152

That Bill C-38 be amended by deleting Clause 74.

Motion No. 153

That Bill C-38 be amended by deleting Clause 75.

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

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

Motion No. 154

That Bill C-38, in Clause 75, be amended by replacing line 11 on page 101 with the following:

“14. (1) The Chairperson may propose a motion to authorize one”

Motion No. 155

That Bill C-38, in Clause 75, be amended by replacing line 21 on page 101 with the following:

“under an authorization that is carried by vote of the Board is considered to have”

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

moved:

Motion No. 156

That Bill C-38 be amended by deleting Clause 76.

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

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

Motion No. 157

That Bill C-38, in Clause 76, be amended by replacing line 25 on page 101 with the following:

“15. (1) The Chairperson or the Board may authorize one”

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

moved:

Motion No. 158

That Bill C-38 be amended by deleting Clause 77.

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

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

Motion No. 159

That Bill C-38, in Clause 77, be amended by replacing lines 41 to 44 on page 101 with the following:

“or 15 becomes incapacitated or dies during the hearing or after the conclusion of the hearing but before making a decision or report, the Board, with the consent of all those who are parties to the hearing, may authorize another member”

Motion No. 160

That Bill C-38, in Clause 77, be amended by replacing, in the English version, line 3 on page 102 with the following:

“incapacity or death occurs during”

Motion No. 161

That Bill C-38, in Clause 77, be amended by replacing, in the English version, line 8 on page 102 with the following:

“incapacity or death occurs after”

Motion No. 162

That Bill C-38, in Clause 77, be amended by replacing line 14 on page 102 with the following:

“tated or dies during the hearing or after”

Motion No. 163

That Bill C-38, in Clause 77, be amended by replacing, in the English version, lines 17 to 22 on page 102 with the following:

“(a) the Board may vote in another member to replace the incapacitated or deceased member for the rest of the hearing and to participate in the decision if the incapacity or death occurs during the hear-”

Motion No. 164

That Bill C-38, in Clause 77, be amended by replacing lines 24 to 29 on page 102 with the following:

“(b) if the incapacity or death occurs after the conclusion of the hearing but before a decision is given, the remaining members may, if unanimous, give a decision as if the incapacitated or deceased member were present and”

Motion No. 165

That Bill C-38, in Clause 77, be amended by replacing line 34 on page 102 with the following:

“incapacitated or dies during the hearing”

Motion No. 166

That Bill C-38, in Clause 77, be amended by replacing lines 38 to 43 on page 102 with the following:

“(a) the Board may elect another member to replace the incapacitated or deceased member for the rest of the hearing and to participate in the finalizing of the report, if the incapacity or death occurs”

Motion No. 167

That Bill C-38, in Clause 77, be amended by replacing line 45 on page 102 to line 3 on page 103 with the following:

“(b) if the incapacity or death occurs after the conclusion of the hearing but before the report is finalized, the remaining members may, if unanimous, finalize the report as if the incapacitated or deceased member were”

Motion No. 168

That Bill C-38, in Clause 77, be amended by replacing line 17 on page 103 with the following:

“cludes the Chairperson from proposing a motion to take a measure”

Motion No. 169

That Bill C-38, in Clause 77, be amended by replacing lines 21 to 27 on page 103 with the following:

“do so by the Board and on any terms and conditions that the Board prescribes, continue to inquire into, hear and determine any proceeding to which that person was assigned while that person was a member and the person shall for that purpose be considered to continue to be a member if the continued membership is carried by vote of the members of the Board.”

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

moved:

Motion No. 170

That Bill C-38 be amended by deleting Clause 78.

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

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

Motion No. 171

That Bill C-38, in Clause 78, be amended by replacing line 30 on page 103 with the following:

“(1.1) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”

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

moved:

Motion No. 172

That Bill C-38 be amended by deleting Clause 79.

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

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

Motion No. 173

That Bill C-38, in Clause 79, be amended by replacing line 35 on page 103 with the following:

“(2) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”

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

moved:

Motion No. 174

That Bill C-38 be amended by deleting Clause 80.

Motion No. 175

That Bill C-38 be amended by deleting Clause 81.

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

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

Motion No. 176

That Bill C-38, in Clause 81, be amended by replacing line 14 on page 104 with the following:

“(2) A public hearing may be held in respect of any other matter that the Board considers advisable, however a public hearing need not be held where”

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

moved:

Motion No. 177

That Bill C-38 be amended by deleting Clause 82.

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

Mr. Speaker, I am trying to follow in French, but the interpreters are having a hard time keeping up with you.

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

, seconded by the member for Etobicoke North, moved:

Motion No. 178

That Bill C-38, in Clause 82, be amended by replacing lines 39 and 40 on page 104 with the following:

“(4) Subsections 121(3) to(5) apply to”

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

moved:

Motion No. 179

That Bill C-38 be amended by deleting Clause 83.

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

, seconded by the member for Etobicoke North, moved:

Motion No. 180

That Bill C-38, in Clause 83, be amended by replacing lines 25 to 27 on page 105 with the following:

“shall consider the objections of any interested person or group that, in their opinion, appear to be directly or indirectly related to the pipeline, and may have regard to the”

Motion No. 181

That Bill C-38, in Clause 83, be amended by adding after line 33 on page 105 the following:

“(c.1) the expected and potential environmental and health impacts, both local and generalized, of the pipeline on surrounding communities and the general public;”

Motion No. 182

That Bill C-38, in Clause 83, be amended by replacing lines 41 to 43 on page 105 with the following:

“opinion may be affected, directly or indirectly, by the granting, refusal or dismissal of an application, or by the issuance of a certificate.”

Motion No. 183

That Bill C-38, in Clause 83, be amended by replacing line 4 on page 106 with the following:

“the report must also reference the”

Motion No. 184

That Bill C-38, in Clause 83, be amended by replacing line 9 on page 106 with the following:

“Board. The specified time limit must be”

Motion No. 185

That Bill C-38, in Clause 83, be amended by replacing lines 16 to 18 on page 106 with the following:

“respect to the pipeline, the period that is taken by”

Motion No. 186

That Bill C-38, in Clause 83, be amended by replacing lines 33 and 34 on page 106 with the following:

“by order, issue a directive to the Board that requires the Board to”

Motion No. 187

That Bill C-38, in Clause 83, be amended by replacing lines 6 and 7 on page 107 with the following:

“53. (1) If, after the Board has submitted its report under section 52, any of the considerations set out in subsection 52(2) have changed in respect of the application and approval of the application is no longer deemed to be in the public interest, then the Governor in”

Motion No. 188

That Bill C-38, in Clause 83, be amended by replacing line 43 on page 107 with the following:

“(8) The Board’s”

Motion No. 189

That Bill C-38, in Clause 83, be amended by replacing lines 7 and 8 on page 108 with the following:

“54. (1) After the Board has submitted a report under section 52 or 53 that determines that the application is in the public interest, the Governor in”

Motion No. 190

That Bill C-38, in Clause 83, be amended by replacing line 17 on page 108 with the following:

“making the order and must be made public within 15 days after it was made.”

Motion No. 191

That Bill C-38, in Clause 83, be amended by replacing line 3 on page 109 with the following:

“(“the Court”) within 30 days after the day on”

Motion No. 192

That Bill C-38, in Clause 83, be amended by replacing line 22 on page 109 with the following:

“so, but only if one or more of the considerations set out in subsection 52(2) have changed in respect of the application and approval of the application is no longer deemed to be in the public interest.”

Motion No. 193

That Bill C-38, in Clause 83, be amended by replacing lines 25 to 31 on page 109 with the following:

“interested person or group, including

(a) persons or groups that are directly affected by the granting or refusing of the application, including those who use adjacent land for recreational, cultural or hunting purposes;

(b) persons or groups that are or could potentially be, in its opinion, indirectly affected by the granting or refusing of the application; and

(c) persons or groups that, in its opinion, have relevant information or expertise.

For greater certainty, a decision of the Board as to whether it will consider the objections or representations of any person or group is conclusive.”

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

moved:

Motion No. 194

That Bill C-38 be amended by deleting Clause 84.

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

, seconded by the member for Etobicoke North, moved:

Motion No. 195

That Bill C-38, in Clause 84, be amended by replacing line 36 on page 109 with the following:

“the time limit specified by the Chairperson pursuant to a motion and vote among Board members,”

Motion No. 196

That Bill C-38, in Clause 84, be amended by replacing line 40 on page 109 with the following:

“son pursuant to a motion and vote among Board members must be no longer than 15 months after the”

Motion No. 197

That Bill C-38, in Clause 84, be amended by replacing lines 5 and 6 on page 110 with the following:

“(a) prepare a report with respect to its”

Motion No. 198

That Bill C-38, in Clause 84, be amended by replacing lines 9 and 10 on page 110 with the following:

“(b) comply with that Act with respect to that assessment.”

Motion No. 199

That Bill C-38, in Clause 84, be amended by replacing lines 14 to 16 on page 110 with the following:

“paragraph (1)(b) to which the application relates, the”

Motion No. 200

That Bill C-38, in Clause 84, be amended by replacing line 25 on page 110 with the following:

“Governor in Council under”

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

moved:

Motion No. 201

That Bill C-38 be amended by deleting Clause 85.

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

, seconded by the member for Etobicoke North, moved:

Motion No. 202

That Bill C-38, in Clause 85, be amended by replacing lines 2 to 4 on page 111 with the following:

“the Board shall have regard to all representations referred to in section 55.2.”

Motion No. 203

That Bill C-38, in Clause 85, be amended by replacing line 8 on page 111 with the following:

“that it specifies,”

Motion No. 204

That Bill C-38, in Clause 85, be amended by replacing lines 16 and 17 on page 111 with the following:

“(5) The time limit specified by the Board must be no longer than 15 months after the”

Motion No. 205

That Bill C-38, in Clause 85, be amended by replacing line 22 on page 111 with the following:

“project within the meaning of the”

Motion No. 206

That Bill C-38, in Clause 85, be amended by replacing lines 25 and 26 on page 111 with the following:

“(a) prepare a report setting out its opinion of the”

Motion No. 207

That Bill C-38, in Clause 85, be amended by replacing lines 33 to 35 on page 111 with the following:

“respect to the line or any power line referred to in subsection (1) to which the application relates, the period that is taken by”

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

moved:

Motion No. 208

That Bill C-38 be amended by deleting Clause 86.