HOUSE OF COMMONS OF CANADA
37th PARLIAMENT, 2nd SESSION

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JOURNALS

No. 89

Friday, April 11, 2003

10:00 a.m.

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The Clerk informed the House of the unavoidable absence of the Speaker.

Whereupon, Mr. Kilger (Stormont—Dundas—Charlottenburgh) , Deputy Speaker and Chair of Committees of the Whole, took the Chair, pursuant to subsection 43(1) of the Parliament of Canada Act.

Prayers

Government Orders

The House resumed consideration at report stage of Bill C-9, An Act to amend the Canadian Environmental Assessment Act, as reported by the Standing Committee on Environment and Sustainable Development with amendments;

And of the motions in Group No. 1 (Motions Nos. 1 to 24).

Group No. 1

Motion No. 1 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 1, be amended by replacing lines 4 to 7 on page 2 with the following:

“but does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the”

Motion No. 2 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 1, be amended by replacing lines 32 to 36 on page 2 with the following:

“ those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut,”

Motion No. 3 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 2, be amended by replacing, in the French version, line 3 on page 4 with the following:

“tive et en temps opportun au processus”

Motion No. 4 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 5, be amended by replacing, in the French version, lines 18 to 20 on page 5 with the following:

“environnementale du projet si une autorité fédérale — autre que la société d'État — doit prendre”

Motion No. 5 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 6, be amended by replacing lines 24 and 25 on page 8 with the following:

“(2) An environmental assessment of a project under this section is”

Motion No. 6 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 8, be amended by replacing, in the French version, line 39 on page 10 with the following:

“éventuellement — de l'expertise ou des connaissances vou-”

Motion No. 7 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 8, be amended by replacing, in the French version, lines 16 to 21 on page 11 with the following:

“cées :

(a) s'il n'y a qu'une autorité responsable du projet, par celle-ci;

(b) s'il y a plusieurs autorités responsables du projet, par celle qu'elles désignent conjointement ou, si elles ne le font pas dans un délai raisonnable, par celle que l'Agence dési-”

Motion No. 8 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 9, be amended

(a) by replacing, in the French version, line 18 on page 12 with the following:

“16.3 L'autorité responsable consigne et”

(b) by replacing lines 19 and 20 on page 12 with the following:

“tions pursuant to section 20.”

Motion No. 9 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 10, be amended by replacing, in the French version, lines 33 to 44 on page 12 with the following:

“(3) Dans les cas où elle estime que la participation du public à l'examen préalable est indiquée ou dans les cas prévus par règlement, l'autorité responsable :

(a) verse au site Internet, avant de donner au public la possibilité d'examiner le rapport d'examen préalable et de faire des observations à son égard, une description de la portée du projet, des éléments à prendre en compte dans le cadre de l'examen préalable et de la portée de ceux-ci ou une indication de la façon d'obtenir copie de cette description;

(b) avant de prendre sa décision aux termes de l'article 20, donne au public la possibilité d'exami-”

Motion No. 10 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 11, be amended

(a) by replacing line 16 on page 14 with the following:

“included in the Internet site.”

(b) by replacing line 9 on page 15 with the following:

“Canada Gazette and included in the Internet site.”

Motion No. 11 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 12, be amended by replacing line 9 on page 16 with the following:

“in relation to a project, the responsible authority shall publish a notice of that course of action in the Registry and, notwithstanding any”

Motion No. 12 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 12, be amended by adding after line 14 on page 16 the following:

“(4) A responsible authority shall not take any course of action under subsection (1) before the 15th day after the inclusion on the Internet site of

(a) notice of the commencement of the environmental assessment;

(b) a description of the scope of the project; and

(c) where the responsible authority, in accordance with subsection 18(3), gives the public an opportunity to participate in the screening of a project, a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained.”

Motion No. 13 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 13, be amended by replacing, in the French version, line 16 on page 16 with the following:

“sable veille à la tenue d'une consultation publique sur les”

Motion No. 14 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 14, be amended by replacing, in the French version, line 42 on page 17 with the following:

“susceptible ou non, compte tenu de la mise en”

Motion No. 15 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 14, be amended

(a) by replacing, in the English version, line 7 on page 18 with the following:

“(2) Before issuing the environmental assess-”

(b) by adding after line 16 on page 18 the following:

“(3) The Minister shall not issue the environmental assessment decision statement before the 30th day after the inclusion on the Internet site of

(a) notice of the commencement of the environmental assessment;

(b) a description of the scope of the project;

(c) where the Minister, under paragraph 21.1(1)(a), refers a project to the responsible authority to continue a comprehensive study,

(i) notice of the Minister's decision to so refer the project, and

(ii) a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained; and

(d) the comprehensive study report that is to be taken into consideration by a responsible authority in making its decision under subsection 37(1) or a description of how a copy of the report may be obtained.”

Motion No. 16 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 18, be amended by replacing, in the French version, lines 33 to 41 on page 20 with the following:

“(3) L'autorité responsable qui prend la décision visée à l'alinéa (1)b) à l'égard d'un projet est tenue de publier un avis de cette décision dans le registre, et aucune attribution conférée sous le régime de toute autre loi fédérale ou de ses règlements ne peut être exercée de façon à permettre la mise en oeuvre, en tout ou en partie, du projet.”

Motion No. 17 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 18, be amended by adding after line 47 on page 20 the following:

“(4) A responsible authority shall not take any course of action under subsection (1) before the 30th day after the report submitted by a mediator or a review panel or a summary of it has been included on the Internet site in accordance with paragraph 55.1(2)(p).”

Motion No. 18 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 19, be amended by replacing, in the English version, line 26 on page 21 with the following:

“ment measures or for improving the quality”

Motion No. 19 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 26, be amended by replacing, in the English version, lines 16 and 17 on page 26 with the following:

“study, the federal environmental assessment coordinator and, in any other case, the”

Motion No. 20 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 26, be amended by replacing line 18 on page 26 with the following:

“Agency shall ensure that a copy of any”

Motion No. 21 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 26, be amended by replacing lines 37 to 40 on page 28 with the following:

“the Internet site;”

Motion No. 22 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 26, be amended by adding after line 25 on page 29 the following:

“(3) A screening report referred to in paragraph 55.1(2)(k) or a description of how a copy of it may be obtained shall be included in the Internet site not later than the decision referred to in paragraph 55.1(2)(r) that is based on the report, unless otherwise authorized by the Agency.”

Motion No. 23 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 28, be amended by replacing, in the French version, line 46 on page 31 with the following:

« sous le régime de la présente loi que l'Agence »

Motion No. 24 of Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , — That Bill C-9, in Clause 30, be amended by replacing, in the French version, line 10 on page 34 with the following:

“domanial visée à l'alinéa a) de la définition de ce terme au”

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

The question was put on Motions Nos. 1 and 2 and, pursuant to Standing Order 76.1(8), the recorded divisions were deferred.

The question was put on Motion No. 3 and it was agreed to. Accordingly, Motions Nos. 4 to 7, 9, 13, 14, 16, 18, 19, 23 and 24 were also agreed to.

The question was put on Motion No. 8 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 10 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motions Nos. 12, 15, 17 and 20 to 22, was deferred.

The question was put on Motion No. 11 and it was agreed to.

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

The Deputy Speaker laid upon the Table, — Document entitled “Report on Plans and Priorities for 2003-2004 of the House of Commons Administration”. — Sessional Paper No. 8520-372-91.

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Pursuant to Standing Order 32(2), Mr. Alan Tonks (Parliamentary Secretary to the Minister of the Environment) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

— Nos. 372-0657, 372-0701, 372-0882 and 372-0996 concerning Bangladesh. — Sessional Paper No. 8545-372-19-05;

— No. 372-0877 concerning childhood development programs. — Sessional Paper No. 8545-372-76-01;

— No. 372-1001 concerning children's rights. — Sessional Paper No. 8545-372-43-03;

— No. 372-1160 concerning Algeria. — Sessional Paper No. 8545-372-78-01;

— No. 372-1162 concerning the Employment Insurance program. — Sessional Paper No. 8545-372-29-06.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Cauchon (Minister of Justice) , seconded by Mr. Manley (Minister of Finance) , Bill C-32, An Act to amend the Criminal Code and other Acts, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Presenting Reports from Inter-parliamentary Delegations

Pursuant to Standing Order 34(1), Mr. Lincoln (Lac-Saint-Louis) presented the Report of the Canadian delegation of the Canada-Europe Parliamentary Association (OSCE) to the Second Winter Session of the Organization for Security and Cooperation in Europe Parliamentary Assembly (OSCE PA), held in Vienna, Austria, on February 20 and 21, 2003. — Sessional Paper No. 8565-372-61-02.

Presenting Reports from Committees

Mr. Comuzzi (Thunder Bay—Superior North) , from the Standing Committee on Transport, presented the Second Report of the Committee, “An Industry in Crisis: Safeguarding the Viability of the Canadian Airline Industry”. — Sessional Paper No. 8510-372-64.

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. 17 to 19 and 21) was tabled.

Presenting Petitions

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

— by Mr. Lincoln (Lac-Saint-Louis) , six concerning pornography (Nos. 372-1418 to 372-1423) and one concerning stem cell research (No. 372-1424);

— by Mr. Sorenson (Crowfoot) , one concerning marriage (No. 372-1425).

Questions on Order Paper

Mr. Tonks (Parliamentary Secretary to the Minister of the Environment) presented the answer to question Q-167 on the Order Paper.

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Pursuant to Standing Order 39(7), Mr. Tonks (Parliamentary Secretary to the Minister of the Environment) presented the return to the following question made into an Order for Return:

Q-103 — Mr. Cummins (Delta—South Richmond) — With regard to programs and all other special expenditures for aboriginals in Delta—South Richmond, what was the total expenditure by department for fiscal years (i) 2000-2001, (ii) 2001-2002, (iii) thus far in 2002-2003 for each band or aboriginal organization? — Sessional Paper No. 8555-372-103.

Government Orders

The House resumed consideration at report stage of Bill C-9, An Act to amend the Canadian Environmental Assessment Act, as reported by the Standing Committee on Environment and Sustainable Development with amendments.

Group No. 2

Mr. Anderson (Minister of the Environment) , seconded by Mr. Owen (Secretary of State (Western Economic Diversification) (Indian Affairs and Northern Development)) , moved Motion No. 25, — That Bill C-9, in Clause 31, be amended by replacing lines 29 to 42 on page 37 with the following:

“31. Section 62 of the Act is amended by striking out the word “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:

(e) to promote, monitor and facilitate compliance with this Act and the regulations;

(f) to promote and monitor the quality of assessments conducted under this Act;

(g) to ensure an opportunity for timely public participation in the environmental assessment process; and

(h) to engage in consultation with aboriginal peoples on policy issues related to this Act.”

Mr. Anderson (Minister of the Environment) , seconded by Mr. Owen (Secretary of State (Western Economic Diversification) (Indian Affairs and Northern Development)) , moved Motion No. 26, — That Bill C-9, in Clause 32, be amended

(a) by replacing, in the English version, lines 3 and 4 on page 38 with the following:

“the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):”

(b) by replacing lines 7 to 11 on page 38 with the following:

“this Act.”

Mr. Anderson (Minister of the Environment) , seconded by Mr. Owen (Secretary of State (Western Economic Diversification) (Indian Affairs and Northern Development)) , moved Motion No. 27, — That Bill C-9, in Clause 34, be amended by replacing line 12 on page 39 with the following:

“34. The provisions of this Act, other than section 32.1, come into”

Debate arose on the motions in Group No. 2.

The question was put on Motion No. 25 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 26 and it was agreed to.

The question was put on Motion No. 27 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Pursuant to Standing Order 76.1(8), the House proceeded to the taking of the deferred recorded divisions.

Pursuant to Standing Order 45, the recorded divisions were further deferred until Tuesday, April 29, 2003, at the expiry of the time provided for Government Orders.

Private Members' Business

At 12:45 p.m., by unanimous consent, the House proceeded to the consideration of Private Members' Business.

Item No. 1 in the order of precedence, standing in the name of Mr. Stoffer (Sackville—Musquodoboit Valley—Eastern Shore) , was called and, not having been proceeded with, in accordance with Standing Order 42(1), was dropped to the bottom of the order of precedence the Order Paper.

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 Mr. McCallum (Minister of National Defence) — Report of the Military Police Complaints Commission for the year 2002, pursuant to the National Defence Act, S.C. 1998, c. 35, s. 82. — Sessional Paper No. 8560-372-733-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on National Defence and Veterans Affairs)

— by Mr. Collenette (Minister of Transport) — Reports of the Atlantic Pilotage Authority for the fiscal year ended March 31, 2003, 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. 8561-372-713-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)

— by Mr. Manley (Minister of Finance) — Response of the government, pursuant to Standing Order 109, to the First Report of the Standing Committee on Public Accounts (Chapter 13 of the December 2001 Report of the Auditor General of Canada — Heating fuel rebate) (Sessional Paper No. 8510-372-7), presented to the House on Tuesday, November 26, 2002. — Sessional Paper No. 8512-372-7.

Adjournment

At 12:46 p.m., the Deputy Speaker adjourned the House until Monday, April 28, 2003, at 11:00 a.m., pursuant to Standing Orders 28(2) and 24(1).