Pursuant to Standing Order 32(2), Mr. Richardson (Parliamentary Secretary to the Minister of National Defence) laid upon the Table, — Report of the Communications Security Establishment Commissioner for the fiscal year ended March 31, 1997. — Sessional Paper No. 8525-352-22.

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Pursuant to Standing Order 32(2), Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

1. Nos. 352-1942, 352-1949 and 352-1953 concerning the highway system. — Sessional Paper No. 8545-352-137I;
2. No. 352-1972 concerning euthanasia. — Sessional Paper No. 8545-352-19U;
3. Nos. 352-1986 and 352-2014 concerning abortion. — Sessional Paper No. 8545-352-26T;
4. Nos. 352-2004, 352-2005 and 352-2016 concerning the nuclear industry. — Sessional Paper No. 8545-352-46L.

Mr. Telegdi (Waterloo), from the Standing Committee on Justice and Legal Affairs, presented the 13th Report of the Committee (Renewing Youth Justice). — Sessional Paper No. 8510-352-113.

Pursuant to Standing Order 109, the government was requested by the Committee to table a comprehensive response.

A copy of the relevant Minutes of Proceedings and Evidence (Issues Nos. 1, 4, 5, 6, 9, 10 and 12, which includes this Report) was tabled.

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Mr. Bellemare (Carleton–Gloucester), from the Standing Committee on Government Operations, presented the 3rd Report of the Committee (Public Service Renewal Initiatives). — Sessional Paper No. 8510-352-114.

Pursuant to Standing Order 109, the government was requested by the Committee to table a comprehensive response.

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 5, which includes this Report) was tabled.

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Mr. Walker (Winnipeg North Centre), from the Standing Committee on Industry, presented the 5th Report of the Committee (Review of Section 14 of the Patent Act Amendment 1992). — Sessional Paper No. 8510-352-115.

Pursuant to Standing Order 109, the government was requested by the Committee to table a comprehensive response.

A copy of the relevant Minutes of Proceedings and Evidence (Issues Nos. 4, 5 and 6, which includes this Report) was tabled.

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Ms. Guarnieri (Mississauga East), from the Standing Joint Committee on Official Languages, presented the 3rd Report of the Committee (The Application of the Official Languages Act in the National Capital Region). — Sessional Paper No. 8510-352-116.

Pursuant to Standing Order 109, the government was requested by the Committee to table a comprehensive response.

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 15, which includes this Report) was tabled.

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Mrs. Hickey (St. John’s East), from the Standing Committee on Health, presented the 9th Report of the Committee (Proposed tobacco regulations). — Sessional Paper No. 8510-352-117.

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 7, which includes this Report) was tabled.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Loubier (Saint-Hyacinthe–Bagot), seconded by Mr. de Savoye (Portneuf), Bill C–438, An Act to amend the Insurance Companies Act, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Pursuant to Standing Order 56.1(1)(a), Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Ms. McLellan (Minister of Natural Resources), moved, — That, on Friday, April 25, 1997, until Members return from a ceremony granting the Royal Assent to a bill or bills, the House shall not adjourn for any reason except pursuant to a motion by a Minister of the Crown, provided that if no such ceremony has occurred by the ordinary time of adjournment, the sitting shall be suspended to the call of the Chair, which may come for the sole purpose of attending such a ceremony, after which the House shall be adjourned to the next sitting day.

The question was put on the motion and, fewer than 25 Members having risen to object, pursuant to Standing Order 56.1(3), the motion was agreed to.

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

• by Mrs. Dalphond-Guiral (Laval Centre), eight concerning sexual abuse of children (Nos. 352-2233 to 352-2240);
• by Mr. Graham (Rosedale), two concerning AIDS research (Nos. 352-2241 and 352-2242);
• by Mr. Lincoln (Lachine–Lac Saint-Louis), one concerning national unity (No. 352-2243);
• by Mr. Gouk (Kootenay West–Revelstoke), one concerning taxes on books (No. 352-2244), two concerning Old Age Security benefits (Nos. 352-2245 and 352-2246), one concerning the Canada Pension Plan (No. 352-2247) and one concerning the regulation of food and drugs (No. 352-2248);
• by Mr. Solberg (Medicine Hat), one concerning the Canada Pension Plan (No. 352-2249) and one concerning sex offenders (No. 352-2250);
• by Mr. Frazer (Saanich–Gulf Islands), one concerning taxes on books (No. 352-2251), one concerning the highway system (No. 352-2252) and one concerning the tax on gasoline (No. 352-2253);
• by Mr. Crawford (Kent), one concerning the highway system (No. 352-2254) and one concerning sexual orientation (No. 352-2255);
• by Mr. Peterson (Willowdale), one concerning conscientious objection (No. 352-2256) and one concerning the Canada Pension Plan (No. 352-2257);
• by Mr. Nunez (Bourassa), one concerning the Canada Labour Code (No. 352-2258);
• by Mr. Mayfield (Cariboo–Chilcotin), one concerning the parole system (No. 352-2259) and two concerning taxes on books (Nos. 352-2260 and 352-2261);
• by Mr. White (Fraser Valley West), two concerning sentences in the Criminal Code (Nos. 352-2262 and 352-2263), one concerning natural gas from Sable Island (No. 352-2264) and one concerning taxes on books (No. 352-2265);
• by Mr. McCormick (Hastings–Frontenac–Lennox and Addington), one concerning national parks (No. 352-2266);
• by Mrs. Terrana (Vancouver East), two concerning banks (Nos. 352-2267 and 352-2268);
• by Mr. Szabo (Mississauga South), fifty-one concerning police and firefighters’ death benefits (Nos. 352-2269 to 352-2319) and seven concerning the income tax system (Nos. 352-2320 to 352-2326);
• by Mr. Strahl (Fraser Valley East), two concerning the Food and Drugs Act (Nos. 352-2327 and 352-2328), one concerning Canadian Forces bases (No. 352-2329), one concerning the theft of motor vehicles (No. 352-2330) and one concerning sex offenders (No. 352-2331);
• by Mrs. Wayne (Saint John), one concerning safety regulation of devices (No. 352-2332).

Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answer to question Q–66 on the Order Paper.

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Pursuant to Standing Order 39(7), the following question was made an Order of the House for Return:

Q–74 — Mr. Robinson (Burnaby–Kingsway) — What funds, grants, loans and loan guarantees has the federal government issued in the constituency of Burnaby–Kingsway since the beginning of this Parliament, including the 1996-97 Budget and up to today, and, in each case where applicable: (a) the department or agency responsible, (b) the program under which the payment was made, (c) the names of the recipients, if they were groups or organizations, (d) the monetary value of the payment made and (e) the percentage of program funding covered by the payment received?

Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the Return to this Order. — Sessional Paper No. 8555-352-74.

The Order was read for the consideration at report stage and second reading of Bill C–72, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, as reported by the Standing Committee on Agriculture and Agri-Food with amendments.

Pursuant to Standing Order 76(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 — Motions Nos. 1 and 17.

Group No. 2 — Motions Nos. 2 to 10 and 19.

Group No. 3 — Motions Nos. 11 to 14.

Group No. 4 — Motion No. 15.

Group No. 5 — Motion No. 16.

Group No. 6 — Motion No. 18.

Group No. 7 — Motion No. 20.

Group No. 1

Mr. Hermanson (Kindersley–Lloydminster), seconded by Mr. Johnston (Wetaskiwin), moved Motion No. 1, — That Bill C–72 be amended by deleting Clause 2.

Mr. Hermanson (Kindersley–Lloydminster), seconded by Mr. Johnston (Wetaskiwin), moved Motion No. 17, — That Bill C–72 be amended by deleting Clause 10.

Debate arose on Motions in Group No. 1.

The question was put on Motion No. 1 and pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 17, was deferred.

At 11:51 a.m., the sitting was suspended.

At 11:58 a.m., the sitting resumed.

By unanimous consent, the debate on Bill C–72, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, was adjourned.

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The Order was read for the consideration at report stage and second reading of Bill C–65, An Act respecting the protection of wildlife species in Canada from extirpation or extinction, as reported by the Standing Committee on Environment and Sustainable Development with amendments.

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 — Motions Nos. 1, 3, 4, 6, 7, 11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82 to 109.

Group No. 2 — Motions Nos. 2, 15 to 17, 21, 24, 26, 34, 35, 44, 45, 49, 55, 64, 74 and 81.

Group No. 3 — Motions Nos. 5, 8 to 10, 12 to 14, 18, 20, 22, 23, 31, 32, 46, 47, 51, 52, 61, 67 to 70, 75, 79, 80, 110, 111 and 115.

Group No. 4 — Motions Nos. 28, 30, 33, 53, 71, 72, 76 to 78 and 112.

Group No. 5 — Motions Nos. 36 to 38, 40 to 43, 48, 73 and 113.

Group No. 1

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Riis (Kamloops), moved Motion No. 1, — That Bill C–65, in the Preamble, be amended by replacing line 21 on page 1 with the following:

“measures to prevent the”

Mr. Forseth (New Westminster–Burnaby), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 3, — That Bill C–65, in the Preamble, be amended by adding after line 36 on page 1 the following:

“conservation will be enhanced through an informed public wherein biological and socio-economic concerns are combined to achieve sustainable development with an environmental ethic,”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 4, — That Bill C–65, in the Preamble, be amended by replacing line 3 on page 2 with the following:

“aged and supported,
  community interests, including socio-economic interests,”

Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 6, — That Bill C–65, in the preamble, be amended by adding after line 13 on page 2 the following:

“actions taken under this Act must take into account the social and economic consequences of those actions on the parties affected,”

Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 7, — That Bill C–65, in the preamble, be amended by adding after line 13 on page 2 the following:

“the responsible minister must suspend the application of the provisions of this Act respecting recovery and management plans if it is established to the satisfaction of the responsible minister that measures are being taken or will be taken within a reasonable time by landowners or by any other interested parties for the protection of certain wildlife species,

the purpose of a suspension of the application of certain provisions of this Act is to strengthen co-operation among the various parties concerned,”

Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 11, — That Bill C–65, in Clause 2, be amended by adding after line 8 on page 4 the following:

“‘landowner’ includes a person who leases federal land.”

Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 19, — That Bill C–65 be amended by adding after line 7, on page 7, the following:

“3.3.

Notwithstanding any other provision in this Act, no provision of this Act or any regulation or emergency order made under this Act, with the exception of sections 31 to 33, applies to a landowner that would result in the expenditure of money by the landowner or in a financial loss for the landowner.”

Mr. Forseth (New Westminster–Burnaby), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 25, — That Bill C–65, in Clause 8, be amended by adding after line 10 on page 9 the following:

 

“(1.1)

For greater certainty, for the purposes of subsection (1), “costs” include any cost to a person or organization incurred by way of a business loss suffered by virtue of the implementation of a program or measure for the conservation of wildlife species in respect of land owned by the organization or person.”

Mr. Forseth (New Westminster–Burnaby), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 27, — That Bill C–65, in Clause 8, be amended by replacing line 25 on page 9 with the following:

“program or measure and provide for written notice to the persons who will be directly affected by the program or measure.”

Mr. Stinson (Okanagan–Shuswap), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 50, — That Bill C–65, in Clause 38, be amended by adding:

1. after line 9 on page 21 the following:

    

   “(1.1)

   The responsible minister shall hold at least one public hearing in the area affected by the recovery plan to hear the comments of persons interested in cooperating in the preparation of the recovery plan.

     (1.2)

   The responsible minister shall cause to be published, in the Canada Gazette and in a daily or weekly newspaper in general circulation in the area affected by the recovery plan, at least sixty days prior to the commencement of any public hearing held by the responsible minister in the area pursuant to subsection (1.1), a notice containing

   (a)

   a statement that the responsible minister must prepare a recovery plan and hold a public hearing concerning the plan;

   (b)

   the time, date and place of the hearing;

   (c)

   a statement that any person interested in cooperating in the preparation of the plan must notify the responsible minister, at least three working days prior to the commencement of the public hearing, in electronic or other form, of the person’s name and address and of the fact that the person is affected or interested.”

2. after line 22 on page 21 the following:

   “(d.1) any other person or organization that notifies the responsible minister, at least three working days prior to the commencement of the hearing referred to in subsection (1.1), in electronic or other form, of the name and address of the person or organization and of the fact that the person or organization is affected or interested.”

Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 54, — That Bill C–65, in Clause 38, be amended by replacing lines 28 to 32 on page 21 with the following:

 

“(3)

Where the responsible minister receives, within twelve months after a wildlife species is listed as endangered, threatened or extirpated, a request signed by a majority of the landowners referred to in paragraph 39(b) requesting that one or more public hearings be held concerning the preparation of the recovery plan, the responsible minister must

(a)

hold at least one public hearing in the place and within the month indicated in the request; and

(b)

advise the persons who signed the request of the time and place of the public hearing.

  (3.1)

The recovery plan must be completed

(a)

within three months after the last public hearing held under subsection (3) has been completed; and

(b)

where no public hearing is held under subsection (3), within one year after the wildlife species was listed as endangered, threatened or extirpated.”

Mr. Forseth (New Westminster–Burnaby), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 56, — That Bill C–65, in Clause 38, be amended by replacing line 36 on page 21 with the following:

“technically, biologically and socio-economically feasible and”

Mr. Stinson (Okanagan–Shuswap), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 57, — That Bill C–65, in Clause 38, be amended by replacing line 36 on page 21 with the following:

“technically, socio-economically and biologically possible and”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 58, — That Bill C–65, in Clause 38, be amended by

1. replacing line 36 on page 21 with the following:

   “technically and biologically feasible and”

2. replacing line 2 on page 22 with the following:

   “technically and biologically feasible, the”

3. replacing line 11 on page 23 with the following:

   “not technically or biologically feasible, the”

Mr. Forseth (New Westminster–Burnaby), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 59, — That Bill C–65, in Clause 38, be amended by replacing lines 1 and 2 on page 22 with the following:

 

“(5)

If the recovery of the wildlife species is technically, biologically and socio-economically feasible, the“

Mr. Stinson (Okanagan–Shuswap), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 60, — That Bill C–65, in Clause 38, be amended by replacing line 2 on page 22 with the following:

“technically, socio-economically and biologically possible, the”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 62, — That Bill C–65, in Clause 38, be amended

1. by replacing line 21 on page 22 with the following:

   “(d) an evaluation of the costs and benefits, including the socio-economic costs and benefits, of”

2. by replacing line 38 on page 22 with the following:

   “promote cooperative or voluntary efforts for the protec-”

3. by adding after line 40 on page 22 the following:

   “(h.1) an indication of any land that is part of the habitat of the species and may qualify as ecologically sensitive land for the purpose of a tax deductible donation under paragraph 110.1(1)(d) of the Income Tax Act;”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Riis (Kamloops), moved Motion No. 63, — That Bill C–65, in Clause 38, be amended by adding after line 40 on page 22 the following:

“(h.1) an identification and evaluation of any impact on the communities located on the land on which the species is found and on the workers on and the users of that land;”

Mr. Stinson (Okanagan–Shuswap), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 65, — That Bill C–65, in Clause 38, be amended by replacing lines 10 to 15 on page 23 with the following:

 

“(7)

If the recovery of the wildlife species is not technically, socio-economically or biologically possible, the recovery plan may include measures limited to the prohibition of activities that directly affect individuals of the species or their residences.”

Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 66, — That Bill C–65, in Clause 39, be amended by replacing lines 16 to 19 on page 23 with the following:

“39.

The recovery plan must be prepared in consultation with

(a)

any persons who the responsible minister considers are directly affected by, or interested in, the plan; and

(b)

any directly affected landowners who have notified the responsible minister of their wish to be consulted regarding the recovery plan.”

Mr. Stinson (Okanagan–Shuswap), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 82, — That Bill C–65, in Clause 51, be amended by replacing lines 42 to 44 on page 28 with the following:

 

“(3)

, during normal business hours, enter and inspect any place in which the officer believes, on reasonable and probable grounds, there is any thing to”

Mr. Stinson (Okanagan–Shuswap), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 83, — That Bill C–65, in Clause 51, be amended by replacing lines 21 to 24 on page 29 with the following:

“a dwelling-place except with the witnessed and written permission of the owner or tenant of the dwelling place or under the authority of a warrant.”

Mr. Stinson (Okanagan–Shuswap), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 84, — That Bill C–65, in Clause 52, be amended by replacing lines 43 to 46 on page 29 and lines 1 to 3 on page 30 with the following:

“order, an enforcement officer shall not exercise the powers of search and seizure provided in section 487 of the Criminal Code in respect of a building without a warrant or the witnessed written permission of the owner or tenant of the building.”

Mr. Stinson (Okanagan–Shuswap), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 85, — That Bill C–65, in Clause 57, be amended by replacing lines 1 and 2 on page 32 with the following:

“57.

(1)

The responsible minister must acknowledge receipt of the application and send a copy of it by registered mail to each person alleged in the application to have been involved in the commission of the offence within“

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 86, — That Bill C–65, in Clause 59, be amended by replacing lines 23 to 26 on page 33 with the following:

“A copy of the report sent to a person whose conduct was investigated must disclose the name and address of the applicant.”

Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 87, — That Bill C–65 be amended by adding after line 32 on page 33 the following:

“59.1.

The responsible minister must, by order, suspend, for a specified term, the application of all or any of the provisions of this Act respecting recovery and management plans if it is established to the satisfaction of the responsible minister that measures are being taken or will be taken within a reasonable time by landowners or by any other interested parties for the protection of a wildlife species that is listed as endangered, threatened or extirpated.”

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 88, — That Bill C–65 be amended by deleting Clause 60.

Mr. Stinson (Okanagan–Shuswap), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 89, — That Bill C–65, in Clause 60, be amended by replacing lines 36 to 43 on page 33 and lines 1 to 5 on page 34 with the following:

 

“(a)

the responsible minister has not performed the duties of the responsible minister under this Act; or

  (b)

there are reasonable and probable grounds to believe that there is collusion between the responsible minister and the person alleged to have committed an offence under this Act.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 90, — That Bill C–65, in Clause 60, be amended by replacing, in the English version, line 12 on page 34 with the following:

“(b) caused or will cause significant harm to an individ-”

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 91, — That Bill C–65 be amended by deleting Clause 61.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 92, — That Bill C–65 be amended by deleting Clause 62.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 93, — That Bill C–65 be amended by deleting Clause 63.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 94, — That Bill C–65 be amended by deleting Clause 64.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 95, — That Bill C–65 be amended by deleting Clause 65.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 96, — That Bill C–65 be amended by deleting Clause 66.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 97, — That Bill C–65 be amended by deleting Clause 67.

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 98, — That Bill C–65, in Clause 67, be amended by adding after line 12 on page 36 the following:

 

“(1.1)

In an endangered species protection action, a defendant is deemed to have exercised all due diligence if the defendant lawfully engaged in an activity that they had no reason to believe was likely to affect the individual, critical habitat or residence concerned.”

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 99, — That Bill C–65 be amended by deleting Clause 68.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 100, — That Bill C–65 be amended by deleting Clause 69.

Mr. Forseth (New Westminster–Burnaby), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 101, — That Bill C–65, in Clause 69, be amended by replacing line 25 on page 36 with the following:

“mentioned in subsection 60(3). The court shall take into consideration scientific and socio-economic concerns when granting any relief under this section.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 102, — That Bill C–65, in Clause 69, be amended by replacing line 25 on page 36 with the following:

“mentioned in subsection 60(3). The court must take into consideration scientific and socio-economic concerns when granting any relief under this section.”

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 103, — That Bill C–65 be amended by deleting Clause 70.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 104, — That Bill C–65 be amended by deleting Clause 71.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 105, — That Bill C–65 be amended by deleting Clause 72.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 106, — That Bill C–65 be amended by deleting Clause 73.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 107, — That Bill C–65 be amended by deleting Clause 74.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 108, — That Bill C–65 be amended by deleting Clause 75.

Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 109, — That Bill C–65 be amended by deleting Clause 76.

Debate arose on the motions in Group No. 1 (Motions Nos. 1, 3, 4, 6, 7, 11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82 to 109).

By unanimous consent, Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons), seconded by Mrs. Stewart (Minister of National Revenue), moved, — That this House agree to split current Part III Estimates documents into Reports on Plans and Priorities and Performance Reports and require all departments and agencies to table, on a pilot basis for the 1997-98 fiscal year, for consideration by the appropriate committees:

1. pilot departmental Performance Reports in the Fall timed with the President’s Report on Review; and
2. pilot Reports on Plans and Priorities, including detailed financial information presented according to appropriate vote structure in a consistent manner, to be tabled on or before the last sitting day before March 31 and referred to committees and reported back to the House pursuant to Standing Order 81(4).

The question was put on the motion and it was agreed to.

The House resumed consideration at report stage and second reading of Bill C–65, An Act respecting the protection of wildlife species in Canada from extirpation or extinction, as reported by the Standing Committee on Environment and Sustainable Development with amendments;

And of the motions in Group No. 1 (Motions Nos. 1, 3, 4, 6, 7, 11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82 to 109).

The debate continued on the motions in Group No. 1.

Pursuant to Standing Order 31, Members made statements.

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

By unanimous consent, a petition was presented as follows:

• by Mr. Sauvageau (Terrebonne), concerning the abduction of children from Canada by a parent (No. 352-2333).

The House resumed consideration at report stage and second reading of Bill C–65, An Act respecting the protection of wildlife species in Canada from extirpation or extinction, as reported by the Standing Committee on Environment and Sustainable Development with amendments;

And of the motions in Group No. 1 (Motions Nos. 1, 3, 4, 6, 7, 11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82 to 109).

The debate continued on continued on the motions in Group No. 1.

The attention of the Speaker was drawn to the lack of a quorum and, fewer than 20 members having been counted, pursuant to Standing Order 29(3), the bells were rung to call in the Members.

After four minutes, a quorum was found.

The House resumed consideration at report stage and second reading of Bill C–65, An Act respecting the protection of wildlife species in Canada from extirpation or extinction, as reported by the Standing Committee on Environment and Sustainable Development with amendments;

And of the motions in Group No. 1 (Motions Nos. 1, 3, 4, 6, 7, 11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82 to 109).

The question was put on Motion No. 1 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 3 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 56 was deferred.

The question was put on Motion No. 4 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 6 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 7 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 11, 19, 54 and 66 was deferred.

The question was put on Motion No. 25 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 27 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 50 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 62 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 63 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 82 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 83 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 84 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 85 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 86 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 87 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 88 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 91, 97, 99, 100 and 103 to 109, was deferred.

Group No. 2

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 2, — That Bill C–65, in Clause Preamble, be amended by replacing lines 27 and 28 on page 1 with the following:

“levels of government in this country and that under the National Agreement on the Protection of Endangered Species it is essential for them to work together to”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Riis (Kamloops), moved Motion No. 15, — That Bill C–65, in Clause 3, be amended by replacing lines 39 to 41 on page 5 with the following:

“habitats.”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 16, — That Bill C–65, in Clause 3.1, be amended by replacing lines 1 to 13 on page 6 with the following:

“3.1.

Where a provincial minister advises the Minister that the government of the province does not wish a provision of this Act or a regulation made thereunder to apply in the province in respect of wildlife species and their habitats in so far as individuals of those species are found on lands in the province that are not federal lands, that provision or regulation, as the case may be, shall not apply to those species and their habitats until such time as the provincial minister consents to its application to those species and their habitats.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 17, — That Bill C–65, in Clause 3.1, be amended

1. by replacing line 3 on page 6 with the following:

   “42 or 45.1 apply in respect of wildlife species and”

2. by replacing lines 8 and 9 on page 6 with the following:

   “habitats mentioned in paragraph 3(a) or (b) or section 33;”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 21, — That Bill C–65, in Clause 5, be amended by replacing, in the French version, lines 28 and 29 on page 7 with the following:

“disparition des espèces sauvages et à per-”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 24, — That Bill C–65, in Clause 7, be amended by adding after line 33 on page 8 the following:

 

“(3)

Notwithstanding subsection (2), no responsible minister may enter into an agreement under that subsection with an organization or person in a province unless the minister advises the provincial minister of that province of the responsible minister’s intention to enter into the agreement with the organization or person, as the case may be, and the provincial minister informs the responsible minister that the government of the province does not object to the responsible minister entering into such an agreement with that organization or person.”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 26, — That Bill C–65, in Clause 8, be amended by adding after line 10 on page 9 the following:

 

“(1.1)

Notwithstanding subsection (1), no responsible minister may enter into an agreement under that subsection with an organization or person in a province unless the minister advises the provincial minister of that province of the responsible minister’s intention to enter into the agreement with the organization or person, as the case may be, and the provincial minister informs the responsible minister that the government of the province does not object to the responsible minister entering into such an agreement with that organization or person. “

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 34, — That Bill C–65, in Clause 20, be amended by replacing line 15 on page 13 with the following:

“tion of COSEWIC and with the approval of the Council, make regulations estab-”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 35, — That Bill C–65, in Clause 26, be amended by replacing line 2 on page 15 with the following:

“COSEWIC and with the approval of the Council, may restrict the release of any”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 44, — That Bill C–65, in Clause 33, be amended by adding after line 24 on page 16 the following:

 

“(1.1)

Where a provincial minister advises the Minister that the government of the province does not wish subsection (1) to apply in the province in respect of a wildlife animal species in so far as individuals of the species are found on lands in the province that are not federal lands, this subsection shall not apply to the species until such time as the provincial minister consents to its application to the species.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 45, — That Bill C–65, in Clause 33, be amended by replacing line 33 on page 16 with the following:

“equivalent provision. Despite the order, subsection (1) continues to apply on federal land.”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 49, — That Bill C–65, in Clause 38, be amended by

1. replacing line 1 on page 21 with the following:

   “38.(1) With the assistance of the Council, the responsible minister must”

2. by replacing line 9 on page 21 with the following:

   “recovery plan together, with the assistance of the Council.”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 55, — That Bill C–65, in Clause 38, be amended by replacing line 34 on page 21 with the following:

“advice of COSEWIC and with the assistance of the Council, must determine wheth-”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 64, — That Bill C–65, in Clause 38, be amended by replacing line 2 on page 23 with the following:

“recovery plan, the responsible minister, with the assistance of the Council, must”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 74, — That Bill C–65, in Clause 46, be amended by replacing lines 21 to 25 on page 25 with the following:

“activity affecting a listed species, its residences or any other part of its critical habitat.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 81, — That Bill C–65, in Clause 49, be amended by replacing line 16 on page 27 with the following:

“(b) in the case of a project outside Canada, its continental shelf and its exclusive economic zone,”

Debate arose on the motions in Group No. 2.

The attention of the Speaker was drawn to the lack of a quorum and, fewer than 20 members having been counted, pursuant to Standing Order 29(3), the bells were rung to call in the Members.

After ten minutes, a quorum was found.

The House resumed consideration at report stage and second reading of Bill C–65, An Act respecting the protection of wildlife species in Canada from extirpation or extinction, as reported by the Standing Committee on Environment and Sustainable Development with amendments;

And of the motions in Group No. 2 (Motions Nos. 2, 15, 16, 17, 24, 26, 34, 35, 44, 45, 49, 55, 64, 74 and 81).

The debate continued on the motions in Group No. 2.

The question was put on Motion No. 2 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 15 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 16 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 24, 26 and 44 was deferred.

The question was put on Motion No. 21 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 34 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 35, 49, 55 and 64 was deferred.

The question was put on Motion No. 45 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 74 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 81 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 3

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 5, — That Bill C–65, in the Preamble, be amended by replacing lines 6 to 9 on page 2 with the following:

“the roles of the aboriginal peoples of Canada, and of the wildlife management boards established under aboriginal land claims agreements, in the conservation of wildlife”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 8, — That Bill C–65, in Clause 2, be amended by replacing line 7 on page 3 with the following:

“cision under section 24, a recovery plan or a management plan.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 9, — That Bill C–65, in Clause 2, be amended by replacing lines 24 to 34 on page 3 with the following:

“(b) the internal waters of Canada and the territorial sea of Canada; and”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 10, — That Bill C–65, in Clause 2, be amended by replacing lines 1 to 4 on page 4 with the following:

“

‘habitat’ means

(a)

in respect of aquatic species, spawning grounds and nursery, rearing, food supply, migration and any other areas on which aquatic species depend directly or indirectly in order to carry out their life processes; and

(b)

in respect of other wildlife species, the area or type of site where an individual or the species naturally occurs or formerly occurred and has the potential to be reintroduced.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 12, — That Bill C–65, in Clause 2, be amended by replacing lines 25 and 26 on page 4 with the following:

“habitually occupied by one or more individuals during all or part of their life cycles,”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 13, — That Bill C–65, in Clause 2, be amended by replacing line 17 on page 5 with the following:

“cies or geographically dis-”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 14, — That Bill C–65, in Clause 3, be amended by replacing, in the English version, line 36 on page 5 with the following:

“wildlife species and their habitats, including, but not limited to,”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 18, — That Bill C–65, in Clause 3.2, be amended

1. by replacing line 25 on page 6 with the following:

   “habitats mentioned in paragraph 3(a) or”

2. by replacing lines 38 and 39 on page 6 with the following:

   “ment board established under an aboriginal land claims agreement if the Minister”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 20, — That Bill C–65, in Clause 4, be amended

1. by replacing line 14 on page 7 with the following:

   “mentioned in paragraph 3(a) or (b) or”

2. by replacing line 23 on page 7 with the following:

   “in paragraph (1)(b).”

Mr. Forseth (New Westminster–Burnaby), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 22, — That Bill C–65, in Clause 7, be amended by replacing lines 27 and 28 on page 8 with the following:

“and the agreement may provide for public education and awareness programs about the importance of conserving the species. The agreement may be with one”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 23, — That Bill C–65, in Clause 7, be amended by replacing lines 27 and 28 on page 8 with the following:

“and the agreement may provide for public education and awareness programs about the importance of conserving the species. The agreement may be with one”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 31, — That Bill C–65, in Clause 14, be amended by replacing, in the French version, line 35 on page 11 with the following:

 

“(3)

Les membres du COSEPAC sont nommés à titre amovible pour”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 32, — That Bill C–65, in Clause 16, be amended by replacing lines 12 and 13 on page 12 with the following:

“species is found in an area that is governed by an aboriginal land claims agreement, subcommittees”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 46, — That Bill C–65, in Clause 34, be amended by

1. replacing line 36 on page 17 with the following:

   “section 31, 32 or 33. The order may include”

2. replacing lines 39 to 42 on page 17 and lines 1 and 2 on page 18 with the following:

   “habitat.”

3. replacing line 30 on page 18 with the following:

   “emergency order made under subsection (1) or (1.1)”

4. replacing lines 34 to 38 on page 18 with the following:

   “in response to the designation or reclassification;
   
   (b) in the case of an emergency designation or reclassification, COSEWIC determines that the designation or reclassification is no longer required; or”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 47, — That Bill C–65 be amended by adding before line 19 on page 19 the following:

“35.2.

(1)

Subsection 31(1) does not apply to a person who takes one or more individuals of a listed extirpated, endangered or threatened species as bycatch in a fishery authorized by an agreement, permit, licence, order or other similar document made or issued, subject to subsection (2), by a responsible minister under another Act of Parliament. For the purposes of this section, “bycatch" means a catch that is incidental to the authorized fishery.

(2)

The authorizing document must be made or issued in accordance with section 46 or 47, unless the bycatch is unforeseeable.

(3)

Subsection 31(2) does not apply to individuals taken as described in subsections (1) and (2), except that if the bycatch is unforeseeable, the person who takes it shall not possess it for longer than is necessary to return it to the water from which it was taken or to donate it to a museum, zoo, educational institution, scientific society or government”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 51, — That Bill C–65, in Clause 38, be amended by

1. replacing lines 18 to 20 on page 21 with the following:

   “established under an aboriginal land claims agreement if the wildlife species is found in an area that is governed by the agreement; and”

2. replacing line 24 on page 21 with the following:

   “that is governed by an aboriginal land claims”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Riis (Kamloops), moved Motion No. 52, — That Bill C–65, in Clause 38, be amended by replacing lines 20 to 22 on page 21 with the following:

“

land that is governed by the legislation;

(d)

the government of any other country in which the species is found; and

(e)

representatives

(i)

of communities located on the land on which the species is found,

(ii)

of workers on the land described in subparagraph (i); and

(iii)

of users of the land described in subparagraph (i).”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 61, — That Bill C–65, in Clause 38, be amended by

1. replacing lines 9 and 10 on page 22 with the following:

   “habitat, that takes into account information provided by”

2. replacing lines 13 to 15 on page 22 with the following:

   “survival of the species that takes into account information provided by COSEWIC;”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 67, — That Bill C–65, in Clause 40, be amended by replacing lines 29 and 30 on page 23 with the following:

 

“(2)

Within 120 days after the end of the comment period, the respon-”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 68, — That Bill C–65, in Clause 40, be amended by replacing line 31 on page 23 with the following:

“sible minister, with the assistance of the Council, must prepare and publish in the”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 69, — That Bill C–65, in Clause 42, be amended by

1. replacing lines 4 to 9 on page 24 with the following:

   “42.

   (1)

   Within 120 days after the end of the comment period mentioned in paragraph 40(1)(b), the responsible minister shall make regulations needed for the purpose of implementing regulatory measures included in the recovery plan, including prohibit-”

2. adding after line 11 on page 24 the following:

    

   “(1.1)

   The responsible minister may at any time make any other regulations for the purpose of implementing the measures included in the recovery plan.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 70, — That Bill C–65, in Clause 44.1, be amended by

1. by replacing line 29 on page 24 with the following:

   “44.1.

   (1)

   The responsible minister must amend”

2. by adding after line 32 on page 24 the following:

    

   “(2)

   The cooperation and consultation requirements of subsections 38(2) and (2.1) and section 39 also apply to the preparation of amendments to a recovery plan.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 75, — That Bill C–65, in Clause 46, be amended

1. by replacing, in the French version, lines 24 to 26 on page 25 with the following:

    

   “(1.1)

   Cette activité ne peut faire l’objet d’un accord ou d’un permis que s’il s’agit :

   a)

   soit de recherches scientifiques”

2. by replacing, in the French version, lines 29 and 30 on page 25 with the following:

    

   “b)

   soit d’une activité qui profite à l’espèce ou qui est nécessaire pour”

3. by replacing, in the French version, line 33 on page 25 with the following:

    

   “c)

   soit d’une activité légale qui ne cause”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 79, — That Bill C–65, in Clause 46, be amended by replacing lines 7 and 8 on page 26 with the following:

“have been considered;”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 80, — That Bill C–65, in Clause 47, be amended by replacing line 44 on page 26 with the following:

“ments of subsections 46(2) and (3) are”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 110, — That Bill C–65, in Clause 80, be amended

1. by replacing line 12 on page 40 with the following:

   “80.

   (1)

   No person may be found guilty of an”

2. by adding after line 15 on page 40 the following:

    

   “(2)

   In a prosecution for an offence under section 31 or 32, a person is deemed to have exercised all due diligence if the person lawfully engaged in an activity that they had no reason to believe was likely to affect the individual or residence concerned.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 111, — That Bill C–65, in Clause 101, be amended by replacing, in the English version, line 20 on page 50 with the following:

“report must include a summary addressing the following matters:”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 115, — That Bill C–65 be amended by deleting Clause 105.

The question was put on Motion No. 5 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 18, 20, 32 and 51 was deferred.

The question was put on Motion No. 8 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 9 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 10 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 12 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 13 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 14 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 31, 75, 79, 80 and 111, was deferred.

The question was put on Motion No. 22 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 46 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 47 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 61 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 67 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 69, was deferred.

The question was put on Motion No. 70 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 110 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 115 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 4

Mr. Adams (Peterborough), seconded by Mr. Caccia (Davenport), moved Motion No. 28, — That Bill C–65, in Clause 13, be amended by replacing lines 24 to 31 on page 10 with the following:

 

“(2)

COSEWIC is to be composed of not more than nine members appointed by the Minister after consulting the Council. The Minister may also consult the Royal Society of Canada and other expert bodies, including those possessing traditional or community knowledge.”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 30, — That Bill C–65, in Clause 13, be amended by replacing line 26 on page 10 with the following:

“Minister with the approval of the Council. The”

Mr. Adams (Peterborough), seconded by Mr. Caccia (Davenport), moved Motion No. 33, — That Bill C–65, in Clause 18, be amended by adding after line 35 on page 12 the following:

 

“(3)

If the wildlife species is found on land that is subject to an aboriginal land claims agreement, the designation must be made in accordance with any applicable provisions of the agreement.”

Mr. Adams (Peterborough), seconded by Mr. Caccia (Davenport), moved Motion No. 53, — That Bill C–65, in Clause 38, be amended by replacing lines 26 and 27 on page 21 with the following:

“pared or amended in accordance with any applicable provisions of the agreement.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 71, — That Bill C–65, in Clause 45, be amended

1. by replacing lines 41 to 44 on page 24 and lines 1 to 5 on page 25 with the following:

   “ate.”

2. by replacing lines 13 and 14 on page 25 with the following:

   “(4) Subsections 38(2), (2.1) and (6) and sections 39, 43, 44 and 44.1 apply to the develop-”

Mr. Adams (Peterborough), seconded by Mr. Caccia (Davenport), moved Motion No. 72, — That Bill C–65, in Clause 45, be amended by replacing lines 4 and 5 on page 25 with the following:

“prepared or amended in accordance with any applicable provisions of the agreement.”

Mr. Adams (Peterborough), seconded by Mr. Caccia (Davenport), moved Motion No. 76, — That Bill C–65, in Clause 46, be amended by replacing lines 37 to 42 on page 25 with the following:

 

“(1.2)

If the species, its residences or any other part of its critical habitat is found on land that is subject to an aboriginal land claims agreement, the permit must be issued or amended, or the agreement must be made or amended, in accordance with any applicable provisions of the aboriginal land claims agreement.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 77, — That Bill C–65, in Clause 46, be amended by replacing lines 39 to 42 on page 25 with the following:

“under an aboriginal land claims agreement before issuing a permit or making an agreement concerning a species found in an area that is governed by the agreement.”

Mr. Adams (Peterborough), seconded by Mr. Caccia (Davenport), moved Motion No. 78, — That Bill C–65, in Clause 46, be amended by adding after line 42 on page 25 the following:

 

“(1.3)

If the species, its residences or any other part of its critical habitat is found on land that is subject to an aboriginal land claims agreement, the permit must be issued or amended, or the agreement must be made or amended, in accordance with any applicable provisions of the aboriginal land claims agreement.”

Mr. Adams (Peterborough), seconded by Mr. Caccia (Davenport), moved Motion No. 112, — That Bill C–65, in Clause 103.1, be amended by

1. adding after line 31 on page 51 the following:

    

   “(1.1)

   If the wildlife species is found on land that is subject to an aboriginal land claims agreement, the designation must be made in accordance with any applicable provisions of the agreement.”

2. adding after line 35 on page 51 the following:

    

   “(2.1)

   Subsection (2) shall not apply to wildlife species found on land that is subject to an aboriginal land claims agreement, unless the applicable provisions of the agreement have been met.”

The question was put on Motion No. 28 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 33 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 53, 76 and 112 was deferred.

The question was put on Motion No. 71 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 5

Mr. Caccia (Davenport), seconded by Mr. Adams (Peterborough), moved Motion No. 36, — That Bill C–65, in Clause 30, be amended by replacing lines 20 to 31 on page 15 with the following:

“30.

(1)

The Governor in Council shall, on the recommendation of the Minister, not later than 90 days after COSEWIC designates a wildlife species, changes its classification or revokes a designation,

(a)

make regulations establishing or amending the List of Wildlife Species at Risk accordingly; and

(b)

give notice in the public registry of the establishment or amendment of the List.”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Riis (Kamloops), moved Motion No. 37, — That Bill C–65, in Clause 30, be amended by replacing lines 20 to 40 on page 15 with the following:

“30.

(1)

The Minister shall make regulations establishing the List of Wildlife Species at Risk.

(2)

The Minister shall, in establishing the List under subsection (1), include on the List all of COSEWIC’s designations and classifications of wildlife species. The Minister may also include a wildlife species on the List if a provincial minister designates it as a species at risk.

(3)

Within 60 days after COSEWIC designates a wildlife species, changes its classification or revokes a designation, the Minister shall amend the List accordingly. The Minister may also amend the List to include a wildlife species if a provincial minister designates it as a species at risk.

(4)

The List established under subsection (1) or amended under subsection (3) must be included in the public registry.”

Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé), moved Motion No. 38, — That Bill C–65, in Clause 30, be amended by replacing line 21 on page 15 with the following:

“recommendation of the Minister and the Council, may make”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Riis (Kamloops), moved Motion No. 40, — That Bill C–65, in Clause 31, be amended by replacing line 1 on page 16 with the following:

“31.

(1)

No person shall kill, harm, harass, disturb,”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 41, — That Bill C–65, in Clause 31, be amended by striking out line 4 on page 16.

Mr. Forseth (New Westminster–Burnaby), seconded by Mr. Strahl (Fraser Valley East), moved Motion No. 42, — That Bill C–65, in Clause 32, be amended by replacing line 9 on page 16 with the following:

“32.

No person shall knowingly damage or destroy the“

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 43, — That Bill C–65, in Clause 32, be amended by replacing lines 10 to 12 on page 16 with the following:

“residence of one or more individuals of a listed extirpated, endangered or threatened species.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 48, — That Bill C–65, in Clause 36, be amended

1. by replacing line 20 on page 19 with the following:

   “section 42 or 45.1 and emergency orders do not apply”

2. by replacing line 38 on page 19 with the following:

   “33, 34, 42 or 45.1 only if the person exercising the”

3. by replacing lines 5 and 6 on page 20 with the following:

   “recovery plan and also authorized under any Act of Parliament, including a regulation made under section 42 or 45.1.”

4. by replacing line 10 on page 20 with the following:

   “extirpated, endangered or threatened species, or any part”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 73, — That Bill C–65 be amended by adding after line 17 on page 25 the following:

“45.1.

(1)

A responsible minister may make regulations for the purpose of implementing measures included in the management plan, including regulations prohibiting activities that adversely affect a species’ critical habitat.

(2)

The regulations may incorporate by reference any legislation of a province, as amended from time to time, in so far as the regulations apply in that province. They may also incorporate by reference other documents as amended from time to time.”

Mr. Marchi (Minister of the Environment), seconded by Mrs. Stewart (Minister of National Revenue), moved Motion No. 113, — That Bill C–65, in Clause 103.1, be amended

1. by replacing lines 33 to 38 on page 51 with the following:

    

   “

   wildlife species within the required time, COSEWIC is deemed to have designated and classified the species as indicated in Schedule 1 or 2.

     (3)

   Subject to subsection (4) and sections 3.1 and 3.2, sections 31 and 32 apply in relation to each wildlife species mentioned in Schedule 1 and the residences of individuals of the species until one of the following events first”

2. by adding after line 2 on page 52, the following:

    

   “(4)

   The Governor in Council may, on the recommendation of the Minister, make regulations excluding any wildlife species and the residences of individuals of the species from the application of subsection (3).

     (5)

   Despite section 107, subsections (3) and (4) may not come into force earlier than 150 days after this Act is assented to.”

The question was put on Motion No. 36 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 40 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 41 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 42 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 48 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 73 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 113 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Pursuant to Standing Order 76(8), the House proceeded to the taking of the deferred recorded divisions at report stage and second reading of Bill C–65, An Act respecting the protection of wildlife species in Canada from extirpation or extinction, as reported by the Standing Committee on Environment and Sustainable Development with amendments.

Pursuant to Order made earlier today, the recorded divisions were further deferred until Monday, April 28, 1997, at the ordinary hour of daily adjournment.

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members’ Business.

The Order was read for the second reading and reference to the Standing Committee on Industry of Bill C–375, An Act to amend the Agreement on Internal Trade Implementation Act.

Mr. Benoit (Vegreville), seconded by Mr. Epp (Elk Island), moved, — That the Bill be now read a second time and referred to the Standing Committee on Industry.

Debate arose thereon.

Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.

Messages were received from the Senate as follows:

— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–17, An Act to amend the Criminal Code and certain other Acts, without amendment.

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— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–34, An Act to establish programs for the marketing of agricultural products, to repeal the Agricultural Products Board Act, the Agricultural Products Cooperative Marketing Act, the Advance Payments for Crops Act and the Prairie Grain Advance Payments Act and to make consequential amendments to other Acts, without amendment.

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— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–38, An Act to provide for mediation between insolvent farmers and their creditors, to amend the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Farm Debt Review Act, without amendment.

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— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–77, An Act concerning an order under the International Development (Financial Institutions) Assistance Act, without amendment.

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— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–84, An Act to amend the Citizenship Act and the Immigration Act, without amendment.

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— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–95, An Act to amend the Criminal Code (criminal organizations) and to amend other Acts in consequence, without amendment.

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— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–32, An Act to amend the Copyright Act, without amendment.

Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was laid upon the Table as follows:

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were filed as follows:

• by Mr. Discepola (Vaudreuil), one concerning the highway system (No. 352-2334);
• by Mrs. Barnes (London West), one concerning taxes on books (No. 352-2335);
• by Mr. Godfrey (Don Valley West), one concerning taxes on books (No. 352-2336);
• by Mr. Cullen (Etobicoke North), one concerning housing policies (No. 352-2337);
• by Ms. Beaumier (Brampton), one concerning sexual abuse of children (No. 352-2338);
• by Mr. Proud (Hillsborough), one concerning the bridge linking Prince Edward Island to the mainland (No. 352-2339).

At 6:31 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).