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HOUSE OF COMMONS OF CANADA
37th PARLIAMENT, 1st SESSION
JOURNALS
No. 202
Monday, June 10, 2002
11:00 a.m.
Prayers
Private Members' Business
At 11:00 a.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.
Mr. Dubé (Lévis-et-Chutes-de-la-Chaudière) , seconded by Mr. Roy (Matapédia—Matane) , moved, — That, in the opinion of this House, the government should amend the Canada Transportation Act and the mandate of the Canadian Transportation Agency to give the Agency the additional responsibility of protecting public health by controlling noise, emissions and vibrations caused by rail cars being moved on the tracks and in the rail yards on interprovincial lines. (Private Members' Business M-493)
Debate arose thereon.
Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.
Motions
Notice having been given at a previous sitting under the provisions of Standing Order 78(3), Mr. Boudria (Minister of State and Leader of the Government in the House of Commons) , seconded by Mr. Anderson (Minister of the Environment) , moved, — That, in relation to Bill C-5, An Act respecting the protection of wildlife species at risk in Canada, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and
That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn, every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively, without further debate or amendment.
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the time allocation motion.
The question was put on the motion and it was agreed to on the following division:
YEAS: 114, NAYS: 77
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Government Orders
The House resumed consideration at report stage of Bill C-5, An Act respecting the protection of wildlife species at risk in Canada, as reported by the Standing Committee on Environment and Sustainable Development with amendments;
And of the motions in Group No. 4 (Motions Nos. 6, 16, 17, 20, 24, 25, 29, 72, 76, 114, 126, 127 and 130).
Group No. 4
Motion No. 6 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 2, be amended by deleting lines 42 to 44 on page 5.
Motion No. 16 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 7, be amended by replacing lines 26 to 33 on page 8 with the following:
“implementation of action plans; and
(b) coordinate the activities of the various governments represented on the Council relating to the protection of species at risk.”
Motion No. 17 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5 be amended by deleting Clause 7.1.
Motion No. 20 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5 be amended by adding after line 26 on page 9 the following:
“8.1 The Minister may establish a committee, to be known as the National Aboriginal Committee on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada appointed by the Minister based on recommendations from aboriginal organizations that the Minister considers appropriate. The role of the committee is to advise the Minister on the administration of this Act.”
Recommendation
(Pursuant to Standing Order 76.1(3))
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting the protection of wildlife species at risk in Canada”. That Bill C-5 be amended by adding after line 26 on page 9 the following:
“8.1 The Minister may establish a committee, to be known as the National Aboriginal Committee on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada appointed by the Minister based on recommendations from aboriginal organizations that the Minister considers appropriate. The role of the committee is to advise the Minister on the administration of this Act.”
Amendment to Motion No. 20 of Mr. Laliberte (Churchill River) , seconded by Mr. Caccia (Davenport) , — That Motion No. 20 be amended by replacing all the words after “The Minister” with the following:
“shall establish a Council, to be known as the National Aboriginal Council on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate. The role of the Council is to:
(1) advise the Minister on the administration of this Act;
(2) provide advice and recommendations to the Canadian Endangered Species Conservation Council.”
Motion No. 24 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 10.1, be amended by replacing line 10 on page 10 with the following:
“son. A copy of the stewardship action plan must be included in the public registry.”
Motion No. 25 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 10.2, be amended by replacing lines 11 to 38 on page 10 with the following:
“10.2 The stewardship action plan must include, but is not limited to, commitments to
(a) regularly examine incentives and programs that support actions taken by persons to protect species at risk;
(b) provide information and increase public awareness about species at risk;
(c) share information about species at risk, including community and aboriginal traditional knowledge, with other governments and persons;
(d) create awards and recognition programs;
(e) provide information respecting programs related to stewardship agreements, land conservation easements and other such agreements; and
(f) provide information relating to the technical and scientific support available to persons engaged in stewardship activities.”
Amendment to Motion No. 25 of Mr. Laliberte (Churchill River) , seconded by Mr. Caccia (Davenport) , — That Motion No. 25 be amended by replacing paragraph 10.2(c) with the following:
“(c) methods for sharing information about species at risk, including community and aboriginal traditional knowledge, that respect, preserve and maintain knowledge and promote their wider application with the approval of the holders of such knowledge, with other governments and persons;”
Motion No. 29 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 13, be amended by deleting lines 14 to 22 on page 12.
Motion No. 72 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 45, be amended by replacing lines 9 to 13 on page 27 with the following:
“(2) If the amendment relates to the time for completing an action plan, the competent minister must provide reasons for the amendment and include a copy of the reasons in the public registry.
(3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require.
(4) Subsection (3) does not apply if the”
Motion No. 76 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 50, be amended by replacing lines 15 to 37 on page 29 with the following:
“50. (1) The competent minister must include a proposed action plan in the public registry.
(2) Within 60 days after the proposed action plan is included in the public registry, any person may file written comments with the competent minister.
(3) Within 30 days after the expiry of the period referred to in subsection (2), the competent minister must consider any comments received, make any changes to the proposed action plan that he or she considers appropriate and finalize the action plan by including a copy of it in the public registry.
(4) If an action plan is not finalized in the time set out in the recovery strategy, the competent minister must include in the public registry a summary of what has been prepared with respect to the plan.”
Motion No. 114 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 69, be amended by
(a) replacing lines 15 to 19 on page 38 with the following:
“for the conservation of the species and the competent minister adopts the existing plan as the proposed management plan, he or she must include a copy of it in the public registry as the proposed management plan in relation to the”
(b) replacing lines 23 to 25 on page 38 with the following:
“wildlife species into a proposed management plan for the species.”
Motion No. 126 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 123, be amended by replacing lines 33 to 37 on page 68 with the following:
“filed in court and are available to the public; and
(h) every report made under sections 126 and 128.”
Motion No. 127 of Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 124, be amended by replacing line 39 on page 68 with the following:
“SEWIC, may restrict the public release of any”
Motion No. 130 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 129, be amended by replacing lines 34 and 35 on page 70 with the following:
“force, a committee of the House of”
The debate continued on the motions in Group No. 4.
The question was put on Motions Nos. 6, 16 and 17 and, pursuant to Standing Order 76.1(8), the recorded divisions were deferred.
The question was put on the amendment to Motion No. 20 and it was agreed to.
The House proceeded to the putting of the question on Motion No. 20, as amended, of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5 be amended by adding after line 26 on page 9 the following:
“8.1 The Minister shall establish a Council, to be known as the National Aboriginal Council on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate. The role of the Council is to:
(1) advise the Minister on the administration of this Act;
(2) provide advice and recommendations to the Canadian Endangered Species Conservation Council.”
Recommendation
(Pursuant to Standing Order 76.1(3))
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting the protection of wildlife species at risk in Canada”. That Bill C-5 be amended by adding after line 26 on page 9 the following:
“8.1 The minister shall establish a Council, to be known as the National Aboriginal Council on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate. The role of the Council is to:
(1) advise the Minister on the administration of this Act;
(2) provide advice and recommendations to the Canadian Endangered Species Conservation Council.”
The question was put on Motion No. 20, as amended, and it was agreed to.
The question was put on Motion No. 24 and it was agreed to.
The question was put on the amendment to Motion No. 25 and it was agreed to.
The House proceeded to the putting of the question on Motion No. 25, as amended, of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 10.2, be amended by replacing lines 11 to 38 on page 10 with the following:
“10.2 The stewardship action plan must include, but is not limited to, commitments to
(a) regularly examine incentives and programs that support actions taken by persons to protect species at risk;
(b) provide information and increase public awareness about species at risk;
(c) methods for sharing information about species at risk, including community and aboriginal traditional knowledge, that respect, preserve and maintain knowledge and promote their wider application with the approval of the holders of such knowledge, with other governments and persons;
(d) create awards and recognition programs;
(e) provide information respecting programs related to stewardship agreements, land conservation easements and other such agreements; and
(f) provide information relating to the technical and scientific support available to persons engaged in stewardship activities.”.
The question was put on Motion No. 25, as amended, and it was agreed to.
The question was put on Motions Nos. 29, 72, 76, 114, 126, 127 and 130 and, pursuant to Standing Order 76.1(8), the recorded divisions were deferred.
Group No. 5
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 18, — That Bill C-5, in Clause 8, be amended by replacing lines 14 and 15 on page 9 with the following:
“two ministers, delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any of that Minister's powers or”.
Mr. Reid (Lanark—Carleton) , seconded by Mr. Mills (Red Deer) , moved Motion No. 21, — That Bill C-5, in Clause 10, be amended by replacing lines 39 to 45 on page 9 and lines 1 to 3 on page 10 with the following:
“10. (1) A competent minister may, after consultation with every other competent minister, enter into an agreement in respect of the administration of this Act with
(a) any other minister of the Crown;
(b) any provincial, territorial, municipal or aboriginal government;
(c) a wildlife management board, in respect of any lands specified in a land claims agreement in respect of which the board has authorization to perform the functions specified in the land claims agreement;
(d) any landowner or authorized resource user, or any other person considered by the competent minister to be directly affected by the administration of the Act; or
(e) any other person if the competent minister considers that it is appropriate for the administration of this Act to enter into an agreement with that person.
(2) Before entering into an agreement referred to in subsection (1), the competent minister shall
(a) publish the proposed agreement in the public registry for a period of thirty days; and
(b) after the expiry of that period, consult with all persons who it is reasonable to believe may be affected by the agreement.”.
Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , moved Motion No. 22, — That Bill C-5, in Clause 10, be amended by replacing lines 39 to 43 on page 9 with the following:
“10. (1) The competent minister may, after consultation with every other competent minister, enter into an agreement with
(a) any other federal government Minister;
(b) a provincial, territorial, municipal or aboriginal government;
(c) a wildlife management board, for any lands specified in a land claims agreement for which the wildlife management board has authorization to perform functions as specified in the agreement;
(d) a landowner, authorized resource user or other person whom the competent minister considers to be directly affected by the administration of this Act; or
(e) any other person or organization that the competent minister considers to be appropriate for the administration of this Act.
(2) Any agreement that the competent minister may enter into under subsection (1) shall be with respect to the administration”.
Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , moved Motion No. 26, — That Bill C-5, in Clause 11, be amended by replacing lines 1 to 9 on page 11 with the following:
“11. (1) A competent minister may, after consultation with every other competent minister, enter into an agreement to provide for the conservation of a species at risk with
(a) any other minister of the Crown;
(b) any provincial, territorial, municipal or aboriginal government;
(c) a wildlife management board, in respect of any lands specified in a land claims agreement in respect of which the board has authorization to perform the functions specified in the land claims agreement;
(d) any landowner or authorized resource user, or any other person considered by the competent minister to be directly affected by the administration of the Act; or
(e) any other person if the competent minister considers that it is appropriate for the administration of this Act to enter into an agreement with that person.”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 27, — That Bill C-5, in Clause 11, be amended by
(a) replacing lines 6 to 9 on page 11 with the following:
“to do so, enter into a conservation agreement with any government in Canada, organization or person to benefit a species at risk or enhance its survival in the wild.”
(b) replacing, in the English version, line 10 on page 11 with the following:
“(2) The agreement must provide for the”
(c) deleting lines 24 to 29 on page 11.
Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , moved Motion No. 31, — That Bill C-5, in Clause 15, be amended by deleting lines 6 to 9 on page 14.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 33, — That Bill C-5, in Clause 20, be amended by replacing lines 27 to 30 on page 15 with the following:
“20. The Minister must provide COSEWIC with any professional, technical, secretarial, clerical and other assistance, and any facilities and supplies, that, in his or her opinion, are necessary to carry out its”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 37, — That Bill C-5, in Clause 29, be amended by replacing lines 6 to 8 on page 19 with the following:
“apply to any order that is made under subsection 27(1) on the basis of that recommendation, and the order is exempt from”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 38, — That Bill C-5, in Clause 30, be amended by replacing lines 11 to 25 on page 19 with the following:
“30. (1) As soon as possible after an order is made on the basis of a recommendation referred to in subsection 29(1), COSEWIC must have a status report on the wildlife species prepared and, within one year after the making of the order, COSEWIC must, in a report in writing to the Minister,
(a) confirm the classification of the species;
(b) recommend to the Minister that the species be reclassified; or
(c) recommend to the Minister that the species be removed from the List.
(2) Within 30 days after the report is received by the Minister, a copy of the report must be included in the public registry.”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 43, — That Bill C-5, in Clause 32, be amended by replacing lines 33 to 36 on page 19 with the following:
“an endangered species or a threatened species.”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 75, — That Bill C-5, in Clause 49, be amended by
(a) replacing, in the English version, line 30 on page 28 with the following:
“(b) a statement of the measures that are proposed to be”
(b) replacing lines 36 and 37 on page 28 with the following:
“protected;”
(c) replacing lines 3 to 5 on page 29 with the following:
“be derived from its implementation; and”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 85, — That Bill C-5, in Clause 59, be amended by replacing lines 8 to 40 on page 33 and lines 1 to 8 on page 34 with the following:
“59. (1) The Governor in Council may, on the recommendation of the competent minister after consultation with every other competent minister, make regulations to protect critical habitat on federal lands.
(2) The competent minister must make the recommendation if the recovery strategy or an action plan identifies a portion of the critical habitat as being unprotected and the competent minister is of the opinion that the portion requires protection.
(3) The regulations may include provisions requiring the doing of things that protect the critical habitat and provisions prohibiting activities that may adversely affect the critical habitat.
(4) If the competent minister is of the opinion that a regulation would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the regulation.
(5) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before recommending the making of the regulation.
(6) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the regulation.”.
Motion No.109 was not proceeded with.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 116, — That Bill C-5, in Clause 74, be amended by
(a) replacing lines 1 to 17 on page 40 with the following:
“74. (1) The competent minister may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed wildlife species, any part of its critical habitat”
(b) deleting lines 30 to 36 on page 40.
(c) replacing lines 3 to 6 on page 41 with the following:
“have been considered and the best solution has been adopted;”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 117, — That Bill C-5, in Clause 75, be amended by replacing lines 14 to 31 on page 42 with the following:
“75. An agreement, permit, licence, order or other similar document authorizing a person or organization to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament has the same effect as an agreement or permit under subsection 74(1) if
(a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 74(2) to (6) and (9) are met; and
(b) after it is entered into, issued or made, the competent minister complies with the requirements of subsection 74(7).”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 118, — That Bill C-5 be amended by adding after line 18 on page 43 the following new clause:
“77.1 (1) Despite any other Act of Parliament, any person or body, other than a competent minister, authorized under any Act of Parliament, other than this Act, to issue or approve a licence, a permit or any other authorization that authorizes an activity that may result in the destruction of any part of the critical habitat of a listed wildlife species may enter into, issue, approve or make the authorization only if the person or body has consulted with the competent minister, has considered the impact on the species' critical habitat and is of the opinion that
(a) all reasonable alternatives to the activity that would reduce the impact on the species' critical habitat have been considered and the best solution has been adopted; and
(b) all feasible measures will be taken to minimize the impact of the activity on the species' critical habitat.
(2) For greater certainty, section 58 applies even though a licence, a permit or any other authorization has been issued in accordance with subsection (1).”.
Motion No. 120 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Eggleton (Minister of National Defence) , — That Bill C-5, in Clause 97, be amended by replacing line 23 on page 55 with the following:
“36(1), 58(1), 60(1) or 61(1) or section”
Mr. Mills (Red Deer) , seconded by Mr. Schmidt (Kelowna) , moved Motion No. 129, — That Bill C-5 be amended by deleting Clause 125.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 131, — That Bill C-5, in Clause 135, be amended by replacing lines 1 to 5 on page 73 with the following:
“4.2 (1) The Minister may delegate to any minister of the Crown in right of Canada any power conferred on the Minister under this Act. The other minister may then exercise the power subject to any terms and conditions that the Minister specifies.
(2) The other minister may delegate any power delegated under subsection (1) to any person employed in any department for which that other minister is responsible.”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 132, — That Bill C-5, in Clause 138, be amended by replacing lines 28 to 30 on page 74 with the following:
“minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this Act relating to its enforcement or the issuance, renewal, revocation and suspension of permits. The minister or other person to whom the power is delegated”.
Mr. Nault (Minister of Indian Affairs and Northern Development) for Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , moved Motion No. 133, — That Bill C-5, in Clause 139, be amended by replacing lines 2 to 4 on page 75 with the following:
“minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this section relating to permits. The minister or other person to whom the power is delegated”.
Debate arose on the motions in Group No. 5.
Statements By Members
Pursuant to Standing Order 31, Members made statements.
Oral Questions
Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.
Daily Routine Of Business
Tabling of Documents
Pursuant to Standing Order 32(2), Mr. Regan (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:
— Nos. 371-0713 and 371-0714 concerning the fishing industry. — Sessional Paper No. 8545-371-87-09.
Presenting Reports from Committees
Mr. Scott (Fredericton) , from the Standing Committee on Justice and Human Rights, presented the 14th Report of the Committee (review of the mental disorder provisions of the Criminal Code). — Sessional Paper No. 8510-371-177.
Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 58, 68 to 79, 83 and 96) was tabled.
Mr. Scott (Fredericton) , from the Standing Committee on Justice and Human Rights, presented the 15th Report of the Committee (subject-matter of Bill C-284). — Sessional Paper No. 8510-371-178.
Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 84 to 87, 89 to 92 and 94) was tabled.
Introduction of Private Members' Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Nystrom (Regina—Qu'Appelle) , seconded by Ms. Davies (Vancouver East) , Bill C-474, An Act to amend the Pension Benefits Standards Act, 1985, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.
Presenting Petitions
Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:
— by Mr. Bailey (Souris—Moose Mountain) , one concerning pornography (No. 371-0774);
— by Ms. Davies (Vancouver East) , four concerning housing policy (Nos. 371-0775 to 371-0778);
— by Mr. Roy (Matapédia—Matane) , one concerning the Canada Post Corporation (No. 371-0779);
— by Mr. Peric (Cambridge) , one concerning the Canada Post Corporation (No. 371-0780);
— by Mr. Anders (Calgary West) , one concerning pornography (No. 371-0781);
— by Mr. Bachand (Saint-Jean) , one concerning the Canada Post Corporation (No. 371-0782);
— by Mr. Easter (Malpeque) , one concerning the National Missile Defence Program (No. 371-0783);
— by Mr. Godin (Acadie—Bathurst) , one concerning veterans’ affairs (No. 371-0784), one concerning the Employment Insurance program (No. 371-0785) and two concerning oil products (Nos. 371-0786 and 371-0787);
— by Mr. Hill (Prince George—Peace River) , one concerning parental rights (No. 371-0788);
— by Mr. Adams (Peterborough) , one concerning the Canada Post Corporation (No. 371-0789) and one concerning pornography (No. 371-0790);
— by Ms. Bourgeois (Terrebonne—Blainville) , one concerning the Canada Post Corporation (No. 371-0791);
— by Mr. Cummins (Delta—South Richmond) , one concerning the fishing industry (No. 371-0792);
— by Mr. Lincoln (Lac-Saint-Louis) , one concerning pesticides (No. 371-0793);
— by Mr. Sorenson (Crowfoot) , one concerning pornography (No. 371-0794);
— by Mr. Pallister (Portage—Lisgar) , two concerning pornography (Nos. 371-0795 and 371-0796);
— by Ms. Carroll (Barrie—Simcoe—Bradford) , two concerning pornography (Nos. 371-0797 and 371-0798).
Government Orders
The House resumed consideration at report stage of Bill C-5, An Act respecting the protection of wildlife species at risk in Canada, as reported by the Standing Committee on Environment and Sustainable Development with amendments;
And of the motions in Group No. 5 (Motions Nos. 18, 21, 22, 26, 27, 31, 33, 37, 38, 43, 75, 85, 116 to 118, 120, 129 and 131 to 133).
The debate continued on the motions in Group No. 5.
At 6:45 p.m., pursuant to Standing Order 78(3), the Speaker interrupted the proceedings.
The question was put on Motion No. 18 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 21 and it was negatived on division.
The question was put on Motion No. 22 and it was negatived on division.
The question was put on Motions Nos. 26, 31 and 33 and, pursuant to Standing Order 76.1(8), the recorded divisions were deferred.
The question was put on Motion No. 37 and it was agreed to.
The question was put on Motions Nos. 38, 43, 75 and 85 and, pursuant to Standing Order 76.1(8), the recorded divisions were deferred.
The question was put on Motion No. 116 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motion No. 120, was deferred.
The question was put on Motion No. 117 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 118 and it was agreed to.
The question was put on Motions Nos. 129, 131, 132 and 133 and, pursuant to Standing Order 76.1(8), the recorded divisions were deferred.
Pursuant to Standing Order 76.1(8), the House proceeded to the taking of the deferred recorded divisions.
Group No. 1
The House proceeded to the taking of the deferred recorded division on Motion No. 1 of Mr. Casson (Lethbridge) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in the preamble, be amended by replacing lines 22 to 24 on page 2 with the following:
“landowners should be compensated for any financial or material losses to ensure that the costs of conserving species at risk are shared equitably by all Canadians,”.
The question was put on Motion No. 1 and it was negatived on the following division:
YEAS: 88, NAYS: 137
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The House proceeded to the taking of the deferred recorded division on Motion No. 12 of Mr. Mills (Red Deer) , seconded by Mr. Casson (Lethbridge) , — That Bill C-5, in Clause 6, be amended by replacing line 5 on page 8 with the following:
“6. The purposes of this Act, to be pursued in a cost-effective manner, are to prevent”.
The question was put on Motion No. 12 and it was negatived on the following division:
YEAS: 75, NAYS: 150
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The House proceeded to the putting of the question on Motion No. 13 of Mr. Casson (Lethbridge) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 6, be amended by replacing line 5 on page 8 with the following:
“6. The purposes of this Act, to be pursued in a manner consistent with the socio-economic interests of Canadians, are to prevent”.
The question was put on Motion No. 13 and it was negatived on the following division:
YEAS: 75, NAYS: 150 (See list under Division No. 308) |
The House proceeded to the taking of the deferred recorded division on Motion No. 28 of Mr. Burton (Skeena) , seconded by Mr. Reid (Lanark—Carleton) , — That Bill C-5, in Clause 11, be amended by adding after line 29 on page 11 the following:
“(4) The agreement shall provide for fair and reasonable financial or material support, unless there is an agreement otherwise.”.
The question was put on Motion No. 28 and it was negatived on the following division:
YEAS: 88, NAYS: 137 (See list under Division No. 307) |
The House proceeded to the taking of the deferred recorded division on Motion No. 103 of Mr. Reid (Lanark—Carleton) , seconded by Mr. Burton (Skeena) , — That Bill C-5, in Clause 64, be amended by replacing lines 13 to 15 on page 36 with the following:
“64.(1) The Minister shall, in accordance with the regulations, provide full, just and timely compensation to any person for losses”.
The question was put on Motion No. 103 and it was negatived on the following division:
YEAS: 88, NAYS: 136
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The House proceeded to the putting of the question on Motion No. 104 of Mr. Casson (Lethbridge) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 64, be amended by replacing line 13 on page 36 with the following:
“64.(1) The Minister shall, in accordance”.
The question was put on Motion No. 104 and it was negatived on the following division:
YEAS: 88, NAYS: 137 (See list under Division No. 307) |
The House proceeded to the putting of the question on Motion No. 105 of Mr. Burton (Skeena) , seconded by Mr. Reid (Lanark—Carleton) , — That Bill C-5, in Clause 64, be amended by replacing lines 14 and 15 on page 36 with the following:
“with the regulations, provide fair market value compensation to any person for losses”.
The question was put on Motion No. 105 and it was negatived on the following division:
YEAS: 75, NAYS: 150 (See list under Division No. 308) |
The House proceeded to the putting of the question on Motion No. 106 of Mr. Burton (Skeena) , seconded by Mr. Reid (Lanark—Carleton) , — That Bill C-5, in Clause 64, be amended by replacing line 15 on page 36 with the following:
“able compensation to any person for loss of use or enjoyment of property”.
The question was put on Motion No. 106 and it was negatived on the following division:
YEAS: 75, NAYS: 150 (See list under Division No. 308) |
The House proceeded to the putting of the question on Motion No. 107 of Mr. Casson (Lethbridge) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 64, be amended by replacing line 15 on page 36 with the following:
“able compensation to any person — including landowners, lessees and other persons affected by or having a legal interests in the property — for losses”.
The question was put on Motion No. 107 and it was negatived on the following division:
YEAS: 82, NAYS: 143
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The House proceeded to the putting of the question on Motion No. 108 of Mr. Casson (Lethbridge) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 64, be amended by replacing lines 16 and 17 on page 36 with the following:
“suffered as a result of the application of”.
The question was put on Motion No. 108 and it was negatived on the following division:
YEAS: 82, NAYS: 143 (See list under Division No. 315) |
The House proceeded to the taking of the deferred recorded division on Motion No. 111 of Mr. Reid (Lanark—Carleton) , seconded by Mr. Burton (Skeena) , — That Bill C-5, in Clause 64, be amended by replacing line 36 on page 36 with the following:
“sion of compensation, including rules for the recovery of reasonable legal and other costs arising as a result of the compensation claim.”.
The question was put on Motion No. 111 and it was negatived on the following division:
YEAS: 82, NAYS: 143 (See list under Division No. 315) |
The House proceeded to the taking of the deferred recorded division on Motion No. 121 of Mr. Mills (Red Deer) , seconded by Mr. Casson (Lethbridge) , — That Bill C-5, in Clause 97, be amended by deleting lines 21 to 26 on page 56.
The question was put on Motion No. 121 and it was negatived on the following division:
YEAS: 75, NAYS: 150 (See list under Division No. 308) |
The House proceeded to the taking of the deferred recorded division on Motion No. 128 of Mr. Casson (Lethbridge) , seconded by Mr. Mills (Red Deer) , — That Bill C-5 be amended by adding after line 3 on page 69 the following new clause:
“124.1 The Minister shall, in all circumstances, advise the affected landowner, lessee or land user of the location of a wildlife species or its habitat.”.
The question was put on Motion No. 128 and it was negatived on the following division:
YEAS: 82, NAYS: 143 (See list under Division No. 315) |
Group No. 2
The House proceeded to the taking of the deferred recorded division on Motion No. 2 of Ms. Lalonde (Mercier) , seconded by Mr. Asselin (Charlevoix) , — That Bill C-5, in the preamble, be amended by adding after line 27 on page 2 the following:
“the protection of habitats and species on provincial lands is entirely under provincial jurisdiction,”.
The question was put on Motion No. 2 and it was negatived on the following division:
YEAS: 75, NAYS: 150
|
Accordingly, Motions Nos. 11, 48, 51 and 98 to 102 were also negatived on the same division.
The House proceeded to the putting of the question on Motion No. 49 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-5, in Clause 34, be amended by
(a) replacing line 25 on page 20 with the following:
“(2) The Governor in Council may, on the”
(b) deleting lines 39 to 45 on page 20 and lines 1 to 10 on page 21;
(c) replacing lines 14 to 21 on page 21 with the following:
“(a) the appropriate provincial minister; and
(b) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board.”.
The question was put on Motion No. 49 and it was agreed to on the following division:
YEAS: 155, NAYS: 70
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The House proceeded to the putting of the question on Motion No. 94 of Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 61, be amended by replacing lines 22 to 40 on page 34 and lines 1 to 40 on page 35 with the following:
“61. No person shall destroy any part of the critical habitat of an aquatic species or of a listed endangered species or a listed threatened species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994, that is in a province or territory and is not on federal land.”
The question was put on Motion No. 94 and it was negatived on the following division:
YEAS: 81, NAYS: 144
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The House proceeded to the putting of the question on Motion No. 95 of Mr. Reid (Lanark—Carleton) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 61, be amended by deleting lines 27 to 40 on page 34 and lines 1 to 40 on page 35.
The question was put on Motion No. 95 and it was negatived on the following division:
YEAS: 75, NAYS: 150 (See list under Division No. 308) |
The House proceeded to the putting of the question on Motion No. 96 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-5, in Clause 61, be amended by replacing lines 27 to 40 on page 34 and lines 1 to 28 on page 35 with the following:
“(1.1) Subsection (1) does not apply in respect of
(a) an aquatic species; or
(b) the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is habitat referred to in subsection 58(5.1).
(2) Subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the Minister, by order, specify.
(3) The Minister may make a recommendation if
(a) a provincial minister or territorial minister has requested that the recommendation be made; or
(b) the Canadian Endangered Species Conservation Council has recommended that the recommendation be made.
(4) The Minister must make a recommendation if he or she is of the opinion, after consultation with the appropriate provincial or territorial minister, that
(a) there are no provision in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11; and
(b) the laws of the province or territory do not effectively protect the”.
The question was put on Motion No. 96 and it was agreed to on the following division:
YEAS: 143, NAYS: 81
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The House proceeded to the taking of the deferred recorded division on Motion No. 23 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-5, in Clause 10.1, be amended by replacing lines 4 to 6 on page 10 with the following:
“10.1 The Minister, after consultation with the Canadian Endangered Species Conservation Council, may establish a stewardship action plan that creates”.
The question was put on Motion No. 23 and it was agreed to on the following division:
YEAS: 155, NAYS: 70 (See list under Division No. 321) |
The House proceeded to the taking of the deferred recorded division on Motion No. 35 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-5, in Clause 27, be amended by replacing lines 6 to 43 on page 17 and lines 1 to 13 on page 18 with the following:
“27. (1) The Governor in Council may, on the recommendation of the Minister, by order amend the List in accordance with subsections (1.1) and (1.2) by adding a wildlife species, by reclassifying a listed wildlife species or by removing a listed wildlife species, and the Minister may, by order, amend the List in a similar fashion in accordance with subsection (3).
(1.1) Subject to subsection (3), the Governor in Council, within nine months after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister,
(a) accept the assessment and add the species to the List;
(b) decide not to add the species to the List; or
(c) refer the matter back to COSEWIC for further information or consideration.
(1.2) Where the Governor in Council takes a course of action under paragraph (1.1)(b) or (c), the Minister shall, after the approval of the Governor in Council, include a statement in the public registry setting out the reasons.
(2) Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must
(a) take into account the assesment of COSEWIC in respect of the species;
(b) consult the competent minister or ministers; and
(c) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of a wildlife species, consult the wildlife management board.
(3) Where the Governor in Council has not taken a course of action under subsection (1.1) within nine months after receiving an assessment of the status of a species by COSEWIC, the Minister shall, by order, amend the List in accordance with COSEWIC's assessment.”.
The question was put on Motion No. 35 and it was agreed to on the following division:
YEAS: 143, NAYS: 81
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The House proceeded to the taking of the deferred recorded division on Motion No. 39 of Mr. Reid (Lanark—Carleton) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 32, be amended by replacing line 30 on page 19 with the following:
“32. (1) No person shall knowingly kill, harm, harass,”.
The question was put on Motion No. 39 and it was negatived on the following division:
YEAS: 57, NAYS: 168
|
Accordingly, Motions Nos. 44, 57, 80, 86, 90 and 122 were also negatived on the same division.
The House proceeded to the taking of the deferred recorded division on Motion No. 56 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-5, in Clause 35, be amended by
(a) replacing lines 22 to 26 on page 21 with the following:
“35. (1) Sections 32 and 33 apply in each of the territories in respect of a listed wildlife species only to the extent that the Governor in Council, on the recommendation of the Minister, makes an order providing that they, or any of them, apply.”
(b) replacing line 37 on page 21 with the following:
“protect the species or the residences of its individuals.”
(c) deleting lines 38 to 44 on page 21 and lines 1 to 13 on page 22;
(d) replacing lines 17 to 24 on page 22 with the following:
“ter; and
(b) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, consult the wildlife management board.”.
The question was put on Motion No. 56 and it was agreed to on the following division:
YEAS: 136, NAYS: 89
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The House proceeded to the taking of the deferred recorded division on Motion No. 67 of Ms. Lalonde (Mercier) , seconded by Mr. Asselin (Charlevoix) , — That Bill C-5, in Clause 39, be amended by replacing line 34 on page 23 with the following:
“39. (1) The recovery”.
The question was put on Motion No. 67 and it was negatived on the following division:
YEAS: 88, NAYS: 137 (See list under Division No. 307) |
Accordingly, Motion No. 74 was also negatived on the same division.
The House proceeded to the taking of the deferred recorded division on Motion No. 78 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-5, in Clause 53, be amended by
(a) replacing lines 15 and 16 on page 30 with the following:
“53. (1) The competent minister must,”
(b) deleting lines 29 to 32 on page 30.
The question was put on Motion No. 78 and it was agreed to on the following division:
YEAS: 143, NAYS: 82
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The House proceeded to the taking of the deferred recorded division on Motion No. 84 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-5, in Clause 58, be amended by replacing lines 39 to 47 on page 31, lines 1 to 42 on page 32 and lines 1 to 7 on page 33 with the following:
“57.1 The purpose of section 58 is to ensure that, within 180 days after the recovery strategy or action plan that identified the critical habitat referred to in subsection 58(1) is included in the public registry, all of the critical habitat is protected by
(a) provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or
(b) the application of subsection 58(1).
58. (1) Subject to this section, no person shall destroy any part of the critical habitat of any listed endangered species or of any listed threatened species — or of any listed extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada — if
(a) the critical habitat is on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada;
(b) the listed species is an aquatic species; or
(c) the listed species is a species of migratory birds protected by the Migratory Birds Convention Act, 1994.
(2) If the critical habitat or a portion of the critical habitat is in a national park of Canada named and described in Schedule 1 to the Canada National Parks Act, a marine protected area under the Oceans Act, a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 or a national wildlife area under the Canada Wildlife Act, the competent Minister must, within 90 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, publish in the Canada Gazette a description of the critical habitat or portion that is in that park, area or sanctuary.
(3) If subsection (2) applies, subsection (1) applies to the critical habitat or the portion of the critical habitat described in the Canada Gazette under subsection (2) 90 days after the description is published in the Canada Gazette.
(4) If all of the critical habitat or any portion of the critical habitat is not in a place referred to in subsection (2), subsection (1) applies in respect of the critical habitat or portion of the critical habitat, as the case may be, specified in an order made by the competent minister.
(5) Within 180 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, the competent minister must, after consultation with every other competent minister, with respect to all of the critical habitat or any portion of the critical habitat that is not in a place referred to in subsection (2),
(a) make the order referred to in subsection (4) if the critical habitat or any portion of the critical habitat is not legally protected by provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or
(b) if the competent minister does not make the order, he or she must include in the public registry a statement setting out how the critical habitat or portions of it, as the case may be, are legally protected.
(5.1) Despite subsection (4), with respect to the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is not on federal land, in the exclusive economic zone of Canada, on the continental shelf of Canada or in a migratory bird sanctuary referred to in subsection (2), subsection (1) applies only to those portions of the critical habitat that are habitat to which that Act applies and that the Governor in Council may, by order, specify on the recommendation of the competent minister.
(5.2) The competent minister must, within 180 days after the recovery strategy or action plan that identified the critical habitat that includes habitat to which the Migratory Birds Convention Act, 1994 applies is included in the public registry, and after consultation with every other competent minister,
(a) make the recommendation if he or she is of the opinion there are no provisions in, or other measures under, this or any other Act of Parliament, including agreements under section 11, that legally protect any portion or portions of the habitat to which that Act applies; or
(b) if the competent minister does not make the recommendation, he or she must include in the public registry a statement setting out how the critical habitat that is habitat to which that Act applies, or portions of it, as the case may be, are legally protected.
(6) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before making the order under subsection (4) or the recommendation under subsection (5.2).
(7) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian and Northern Affairs and the band before the making the order under subsection (4) or the recommendation under subsection (5.2).
(8) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before making the order under subsection (4) or the recommendation under subsection (5.2).
(9) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land that is under the authority of another federal minister, other than a competent minister, he or she must consult the other federal minister before making the order under subsection (4) or the recommendation under subsection (5.2).”.
The question was put on Motion No. 84 and it was agreed to on the following division:
YEAS: 143, NAYS: 81
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The House proceeded to the taking of the deferred recorded division on Motion No. 112 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-5, in Clause 65, be amended by
(a) replacing lines 37 and 38 on page 36 with the following:
“65. If a wildlife species is listed as”
(b) deleting lines 1 to 6 on page 37.
The question was put on Motion No. 112 and it was agreed to on the following division:
YEAS: 217, NAYS: 7
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The House proceeded to the taking of the deferred recorded division on Motion No. 113 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-5, in Clause 68, be amended by replacing lines 1 to 11 on page 38 with the following:
“68. (1) Subject to subsection (2), the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern.
(2) With respect to a wildlife species that is set out in Schedule 1 as a species of special concern on the day section 27 comes into force, the competent minister must include a proposed management plan in the public registry within five years after that day.
(3) Within 60 days after the proposed management plan is included in the public registry, any person may file written comments with the competent minister.
(4) Within 30 days after the expiry of the period referred to in subsection (3), the competent minister must consider any comments received, make any changes to the proposed management plan that he or she considers appropriate and finalize the management plan by including a copy of it in the public registry.”.
The question was put on Motion No. 113 and it was agreed to on the following division:
YEAS: 199, NAYS: 25
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Group No. 3
The House proceeded to the taking of the deferred recorded division on Motion No. 3 of Mr. Casson (Lethbridge) , seconded by Mr. Burton (Skeena) , — That Bill C-5, in the preamble, be amended by replacing line 34 on page 2 with the following:
“be considered in the legal listing of species and in developing and imple-”.
The question was put on Motion No. 3 and it was negatived on the following division:
YEAS: 57, NAYS: 168 (See list under Division No. 327) |
The House proceeded to the taking of the deferred recorded division on Motion No. 4 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Eggleton (Minister of National Defence) , — That Bill C-5, in Clause 2, be amended by replacing line 10 on page 3 with the following:
“in the public registry under subsection 50(3)”.
The question was put on Motion No. 4 and it was agreed to on the following division:
YEAS: 150, NAYS: 74
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Accordingly, Motions Nos. 7, 8, 19, 30, 32, 34, 36, 68 to 71, 73, 77, 115, 119, 134 and 135 were also agreed to on the same division.
The House proceeded to the taking of the deferred recorded division on Motion No. 5 of Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 2, be amended by replacing lines 19 to 21 on page 5 with the following:
“processes; and”.
The question was put on Motion No. 5 and it was negatived on the following division:
YEAS: 75, NAYS: 150 (See list under Division No. 308) |
The House proceeded to the taking of the deferred recorded division on Motion No. 14 of Mr. Mills (Red Deer) , seconded by Mr. Casson (Lethbridge) , — That Bill C-5, in Clause 6, be amended by replacing lines 7 to 12 on page 8 with the following:
“becoming extinct as a result of human activity, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened as a result of human activity.”.
The question was put on Motion No. 14 and it was negatived on the following division:
YEAS: 57, NAYS: 168 (See list under Division No. 327) |
The House proceeded to the taking of the deferred recorded division on Motion No. 15 of Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 6, be amended by adding after line 12 on page 8 the following:
“(2) The purposes of this Act, outlined in subsection (1), shall be pursued and accomplished in a manner consistent with the goals of sustainable development.”.
The question was put on Motion No. 15 and it was negatived on the following division:
YEAS: 75, NAYS: 150 (See list under Division No. 308) |
The House proceeded to the taking of the deferred recorded division on Motion No. 66 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Eggleton (Minister of National Defence) , — That Bill C-5, in Clause 37, be amended by replacing lines 10 to 18 on page 23 with the following:
“(2) If there is more than one competent minister with respect to the wildlife species, they must prepare the”.
The question was put on Motion No. 66 and it was agreed to on the following division:
YEAS: 210, NAYS: 14
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The House proceeded to the taking of the deferred recorded division on Motion No. 79 of Mr. Sauvageau (Repentigny) , seconded by Mr. Bellehumeur (Berthier--Montcalm) , — That Bill C-5 be amended by deleting Clause 57.
The question was put on Motion No. 79 and it was negatived on the following division:
YEAS: 75, NAYS: 150 (See list under Division No. 308) |
Group No. 4
The House proceeded to the taking of the deferred recorded division on Motion No. 6 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 2, be amended by deleting lines 42 to 44 on page 5.
The question was put on Motion No. 6 and it was agreed to on the following division:
YEAS: 136, NAYS: 89 (See list under Division No. 328) |
The House proceeded to the taking of the deferred recorded division on Motion No. 16 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 7, be amended by replacing lines 26 to 33 on page 8 with the following:
“implementation of action plans; and
(b) coordinate the activities of the various governments represented on the Council relating to the protection of species at risk.”.
The question was put on Motion No. 16 and it was agreed to on the following division:
YEAS: 136, NAYS: 89 (See list under Division No. 328) |
The House proceeded to the taking of the deferred recorded division on Motion No. 17 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5 be amended by deleting Clause 7.1.
The question was put on Motion No. 17 and it was agreed to on the following division:
YEAS: 136, NAYS: 89 (See list under Division No. 328) |
The House proceeded to the taking of the deferred recorded division on Motion No. 29 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 13, be amended by deleting lines 14 to 22 on page 12.
The question was put on Motion No. 29 and it was agreed to on the following division:
YEAS: 155, NAYS: 70 (See list under Division No. 321) |
The House proceeded to the taking of the deferred recorded division on Motion No. 72 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 45, be amended by replacing lines 9 to 13 on page 27 with the following:
“(2) If the amendment relates to the time for completing an action plan, the competent minister must provide reasons for the amendment and include a copy of the reasons in the public registry.
(3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require.
(4) Subsection (3) does not apply if the”.
The question was put on Motion No. 72 and it was agreed to on the following division:
YEAS: 161, NAYS: 63
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The House proceeded to the taking of the deferred recorded division on Motion No. 76 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 50, be amended by replacing lines 15 to 37 on page 29 with the following:
“50. (1) The competent minister must include a proposed action plan in the public registry.
(2) Within 60 days after the proposed action plan is included in the public registry, any person may file written comments with the competent minister.
(3) Within 30 days after the expiry of the period referred to in subsection (2), the competent minister must consider any comments received, make any changes to the proposed action plan that he or she considers appropriate and finalize the action plan by including a copy of it in the public registry.
(4) If an action plan is not finalized in the time set out in the recovery strategy, the competent minister must include in the public registry a summary of what has been prepared with respect to the plan.”.
The question was put on Motion No. 76 and it was agreed to on the following division:
YEAS: 134, NAYS: 88
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The House proceeded to the taking of the deferred recorded division on Motion No. 114 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 69, be amended by
(a) replacing lines 15 to 19 on page 38 with the following:
“for the conservation of the species and the competent minister adopts the existing plan as the proposed management plan, he or she must include a copy of it in the public registry as the proposed management plan in relation to the”
(b) replacing lines 23 to 25 on page 38 with the following:
“wildlife species into a proposed management plan for the species.”.
The question was put on Motion No. 114 and it was agreed to on the following division:
YEAS: 187, NAYS: 31
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The House proceeded to the taking of the deferred recorded division on Motion No. 126 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 123, be amended by replacing lines 33 to 37 on page 68 with the following:
“filed in court and are available to the public; and
(h) every report made under sections 126 and 128.”.
The question was put on Motion No. 126 and it was agreed to on the following division:
YEAS: 136, NAYS: 89 (See list under Division No. 328) |
The House proceeded to the taking of the deferred recorded division on Motion No. 127 of Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 124, be amended by replacing line 39 on page 68 with the following:
“SEWIC, may restrict the public release of any”.
The question was put on Motion No. 127 and it was negatived on the following division:
YEAS: 82, NAYS: 143 (See list under Division No. 315) |
The House proceeded to the taking of the deferred recorded division on Motion No. 130 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-5, in Clause 129, be amended by replacing lines 34 and 35 on page 70 with the following:
“force, a committee of the House of”.
The question was put on Motion No. 130 and it was agreed to on the following division:
YEAS: 136, NAYS: 89 (See list under Division No. 328) |
Group No. 5
The House proceeded to the taking of the deferred recorded division on Motion No. 18 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 8, be amended by replacing lines 14 and 15 on page 9 with the following:
“two ministers, delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any of that Minister's powers or”.
The question was put on Motion No. 18 and it was agreed to on the following division:
YEAS: 199, NAYS: 25 (See list under Division No. 333) |
The House proceeded to the taking of the deferred recorded division on Motion No. 26 of Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 11, be amended by replacing lines 1 to 9 on page 11 with the following:
“11. (1) A competent minister may, after consultation with every other competent minister, enter into an agreement to provide for the conservation of a species at risk with
(a) any other minister of the Crown;
(b) any provincial, territorial, municipal or aboriginal government;
(c) a wildlife management board, in respect of any lands specified in a land claims agreement in respect of which the board has authorization to perform the functions specified in the land claims agreement;
(d) any landowner or authorized resource user, or any other person considered by the competent minister to be directly affected by the administration of the Act; or
(e) any other person if the competent minister considers that it is appropriate for the administration of this Act to enter into an agreement with that person.”.
The question was put on Motion No. 26 and it was negatived on the following division:
YEAS: 63, NAYS: 157
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The House proceeded to the putting of the question on Motion No. 27 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 11, be amended by
(a) replacing lines 6 to 9 on page 11 with the following:
“to do so, enter into a conservation agreement with any government in Canada, organization or person to benefit a species at risk or enhance its survival in the wild.”
(b) replacing, in the English version, line 10 on page 11 with the following:
“(2) The agreement must provide for the”
(c) deleting lines 24 to 29 on page 11.
The question was put on Motion No. 27 and it was agreed to on the following division:
YEAS: 210, NAYS: 14 (See list under Division No. 339) |
The House proceeded to the taking of the deferred recorded division on Motion No. 31 of Mr. Burton (Skeena) , seconded by Mr. Mills (Red Deer) , — That Bill C-5, in Clause 15, be amended by deleting lines 6 to 9 on page 14.
The question was put on Motion No. 31 and it was negatived on the following division:
YEAS: 57, NAYS: 168 (See list under Division No. 327) |
The House proceeded to the taking of the deferred recorded division on Motion No. 33 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 20, be amended by replacing lines 27 to 30 on page 15 with the following:
“20. The Minister must provide COSEWIC with any professional, technical, secretarial, clerical and other assistance, and any facilities and supplies, that, in his or her opinion, are necessary to carry out its”.
The question was put on Motion No. 33 and it was agreed to on the following division:
YEAS: 199, NAYS: 25 (See list under Division No. 333) |
The House proceeded to the taking of the deferred recorded division on Motion No. 38 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 30, be amended by replacing lines 11 to 25 on page 19 with the following:
“30. (1) As soon as possible after an order is made on the basis of a recommendation referred to in subsection 29(1), COSEWIC must have a status report on the wildlife species prepared and, within one year after the making of the order, COSEWIC must, in a report in writing to the Minister,
(a) confirm the classification of the species;
(b) recommend to the Minister that the species be reclassified; or
(c) recommend to the Minister that the species be removed from the List.
(2) Within 30 days after the report is received by the Minister, a copy of the report must be included in the public registry.”.
The question was put on Motion No. 38 and it was agreed to on the following division:
YEAS: 199, NAYS: 25 (See list under Division No. 333) |
The House proceeded to the taking of the deferred recorded division on Motion No. 43 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 32, be amended by replacing lines 33 to 36 on page 19 with the following:
“an endangered species or a threatened species.”.
The question was put on Motion No. 43 and it was agreed to on the following division:
YEAS: 199, NAYS: 25 (See list under Division No. 333) |
The House proceeded to the taking of the deferred recorded division on Motion No. 75 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 49, be amended by
(a) replacing, in the English version, line 30 on page 28 with the following:
“(b) a statement of the measures that are proposed to be”
(b) replacing lines 36 and 37 on page 28 with the following:
“protected;”
(c) replacing lines 3 to 5 on page 29 with the following:
“be derived from its implementation; and”.
The question was put on Motion No. 75 and it was agreed to on the following division:
YEAS: 136, NAYS: 89 (See list under Division No. 328) |
The House proceeded to the taking of the deferred recorded division on Motion No. 85 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 59, be amended by replacing lines 8 to 40 on page 33 and lines 1 to 8 on page 34 with the following:
“59. (1) The Governor in Council may, on the recommendation of the competent minister after consultation with every other competent minister, make regulations to protect critical habitat on federal lands.
(2) The competent minister must make the recommendation if the recovery strategy or an action plan identifies a portion of the critical habitat as being unprotected and the competent minister is of the opinion that the portion requires protection.
(3) The regulations may include provisions requiring the doing of things that protect the critical habitat and provisions prohibiting activities that may adversely affect the critical habitat.
(4) If the competent minister is of the opinion that a regulation would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the regulation.
(5) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before recommending the making of the regulation.
(6) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the regulation.”.
The question was put on Motion No. 85 and it was agreed to on the following division:
YEAS: 189, NAYS: 31
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The House proceeded to the taking of the deferred recorded division on Motion No. 116 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 74, be amended by
(a) replacing lines 1 to 17 on page 40 with the following:
“74. (1) The competent minister may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed wildlife species, any part of its critical habitat”
(b) deleting lines 30 to 36 on page 40.
(c) replacing lines 3 to 6 on page 41 with the following:
“have been considered and the best solution has been adopted;”.
The question was put on Motion No. 116 and it was agreed to on the following division:
YEAS: 134, NAYS: 87
|
Accordingly, Motion No. 120 was also agreed to on the same division.
The House proceeded to the taking of the deferred recorded division on Motion No. 117 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 75, be amended by replacing lines 14 to 31 on page 42 with the following:
“75. An agreement, permit, licence, order or other similar document authorizing a person or organization to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament has the same effect as an agreement or permit under subsection 74(1) if
(a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 74(2) to (6) and (9) are met; and
(b) after it is entered into, issued or made, the competent minister complies with the requirements of subsection 74(7).”.
The question was put on Motion No. 117 and it was agreed to on the following division:
YEAS: 189, NAYS: 31 (See list under Division No. 359) |
The House proceeded to the taking of the deferred recorded division on Motion No. 129 of Mr. Mills (Red Deer) , seconded by Mr. Schmidt (Kelowna) , — That Bill C-5 be amended by deleting Clause 125.
The question was put on Motion No. 129 and it was negatived on the following division:
YEAS: 75, NAYS: 150 (See list under Division No. 308) |
The House proceeded to the taking of the deferred recorded division on Motion No. 131 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 135, be amended by replacing lines 1 to 5 on page 73 with the following:
“4.2 (1) The Minister may delegate to any minister of the Crown in right of Canada any power conferred on the Minister under this Act. The other minister may then exercise the power subject to any terms and conditions that the Minister specifies.
(2) The other minister may delegate any power delegated under subsection (1) to any person employed in any department for which that other minister is responsible.”
The question was put on Motion No. 131 and it was agreed to on the following division:
YEAS: 143, NAYS: 82
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The House proceeded to the taking of the deferred recorded division on Motion No. 132 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 138, be amended by replacing lines 28 to 30 on page 74 with the following:
“minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this Act relating to its enforcement or the issuance, renewal, revocation and suspension of permits. The minister or other person to whom the power is delegated”.
The question was put on Motion No. 132 and it was agreed to on the following division:
YEAS: 217, NAYS: 7 (See list under Division No. 332) |
The House proceeded to the taking of the deferred recorded division on Motion No. 133 of Mr. Anderson (Minister of the Environment) , seconded by Ms. Copps (Minister of Canadian Heritage) , — That Bill C-5, in Clause 139, be amended by replacing lines 2 to 4 on page 75 with the following:
“minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this section relating to permits. The minister or other person to whom the power is delegated”.
The question was put on Motion No. 133 and it was agreed to on the following division:
YEAS: 217, NAYS: 7 (See list under Division No. 332) |
Mr. Anderson (Minister of the Environment) , seconded by Mr. Goodale (Minister of Public Works and Government Services) , moved, — That the Bill, as amended, be concurred in at report stage with further amendments.
The question was put on the motion and it was agreed to on the following division:
YEAS: 135, NAYS: 87
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Accordingly, the Bill, as amended, was concurred in at report stage with further amendments.
Pursuant to Standing Order 45, the House proceeded to the taking of the deferred recorded divisions at report stage of Bill C-53, An Act to protect human health and safety and the environment by regulating products used for the control of pests, as reported by the Standing Committee on Health with amendments.
Group No. 1
The House proceeded to the taking of the deferred recorded division on Motion No. 1 of Ms. McLellan (Minister of Health) , seconded by Mr. Dion (Minister of Intergovernmental Affairs) , — That Bill C-53, in Clause 2, be amended by replacing lines 36 and 37 on page 4 with the following:
“meets the requirements of subsection 43(4) or (5).”.
The question was put on Motion No. 1 and it was agreed to on the following division:
YEAS: 190, NAYS: 31
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The House proceeded to the taking of the deferred recorded division on Motion No. 7 of Ms. McLellan (Minister of Health) , seconded by Mr. Dion (Minister of Intergovernmental Affairs) , — That Bill C-53, in Clause 80.1, be amended by
(a) replacing line 28 on page 61 with the following:
“such committee of the House of Commons, of the Senate or of both Houses of Parliament”
(b) replacing line 37 on page 61 with the following:
“time as the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize,”.
The question was put on Motion No. 7 and it was agreed to on the following division:
YEAS: 141, NAYS: 80
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Ms. McLellan (Minister of Health) , seconded by Mr. Boudria (Minister of State and Leader of the Government in the House of Commons) , moved, — That the Bill, as amended, be concurred in at report stage with further amendments.
The question was put on the motion and it was agreed to on the following division:
YEAS: 215, NAYS: 6
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Accordingly, the Bill, as amended, was concurred in at report stage with further amendments.
Returns and Reports Deposited with the Clerk of the House
Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:
— by Ms. Augustine (Secretary of State (Multiculturalism) (Status of Women)) — Reports of Status of Women Canada for the fiscal year ended March 31, 2002, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2). — Sessional Paper No. 8561-371-675-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)
— by Mr. Collenette (Minister of Transport) — Reports of the Canadian Transportation Agency for the fiscal year ended March 31, 2002, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2). — Sessional Paper No. 8561-371-527-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)
— by Mr. Collenette (Minister of Transport) — Reports of the Laurentian Pilotage Authority for the fiscal year ended March 31, 2002, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2). — Sessional Paper No. 8561-371-715-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)
— by Mr. Nault (Minister of Indian Affairs and Northern Development) — Reports of the Sahtu Land and Water Board for the fiscal year ended March 31, 2002, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2). — Sessional Paper No. 8561-371-731-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)
Petitions Filed with the Clerk of the House
Pursuant to Standing Order 36, a petition certified correct by the Clerk of Petitions was filed as follows:
— by Mr. Shepherd (Durham) , concerning pornography (No. 371-0799).
Adjournment
At 9:37 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).