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Thursday, June 13, 2019 (No. 433)

Motions Respecting Senate Amendments to Bills

C-58

An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

June 11, 2019 — — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the House:

agrees with amendments 1, 2, 4, 5(b), 6, 7, 8(b), 9, 10, 11, 13, 14(b), 15(a), (b) and (d), 16, 17, 18, 19 and 20 made by the Senate;

respectfully disagrees with amendments 3 and 12 because the amendments seek to legislate matters which are beyond the policy intent of the bill, whose purpose is to make targeted amendments to the Act, notably to authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requests, and to create a new Part of the Act providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices including the Prime Minister’s Office, government institutions, and institutions that support superior courts;

as a consequence of Senate amendment 4, proposes to add the following amendment:

1. New clause 6.2, page 4: Add the following after line 4:

“6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following:

7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,”.

proposes that amendment 5(a) be amended to read as follows:

“(a) on page 5, delete lines 31 to 36;

(a.1) on page 6, replace line 1 with the following:

“13 Section 30 of the Act is amended by adding the”;”;

as a consequence of Senate amendment 5(a), proposes to add the following amendments:

1. Clause 16, page 7: Replace line 37 with the following:

“any of paragraphs 30(1)(a) to (e), the Commissioner”.

2. Clause 19, page 11: Replace line 28 with the following:

“any of paragraphs 30(1)(a) to (e) and who receives a re-”.

proposes that amendment 8(a) be amended by deleting subsection (6);

proposes that amendment 14(a) be amended by replacing the text of the English version of the amendment with the following: “the publication may constitute a breach of parliamen-”;

respectfully disagrees with amendment 15(c) because providing the Information Commissioner with oversight over proactive publication by institutions supporting Parliament and the courts has the potential to infringe parliamentary privilege and judicial independence.


C-68
An Act to amend the Fisheries Act and other Acts in consequence

June 11, 2019 — Resuming consideration of the motion of , seconded by , — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, the House:

agrees with amendments 1(b), 1(c), 2, 4, 5, 6, 7, 8, 10, 12, 13, 14 and 15 made by the Senate;

respectfully disagrees with amendment 1(a) because it is contrary to the objective of the Act that its habitat provisions apply to all fish habitats throughout Canada;

proposes that amendment 3 be amended by deleting “guaranteed,” and, in the English version, by replacing the word “in” with the word “by”;

proposes that amendment 9 be amended by deleting section 35.11;

respectfully disagrees with amendment 11 because the amendment seeks to legislate in respect of third-party, or market-based, fish habitat banking, which is beyond the policy intent of the Bill that is to provide only for proponent-led fish habitat banking.


C-69
An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

June 12, 2019 — Resuming consideration of the motion of , seconded by , — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, the House:

agrees with amendments 1(b)(i), 1(c)(vi), 1(g)(iv), 1(g)(v), 1(h)(iii), 1(h)(iv), 1(i)(i), 1(i)(iii), 1(k)(x), 1(o)(iv), 1(p)(ii), 1(q)(i), 1(q)(ii), 1(r)(i), 1(t)(i), 1(t)(ii), 1(t)(iii), 1(u)(i), 1(u)(ii), 1(v)(i), 1(v)(iii), 1(w)(i), 1(w)(ii), 1(w)(iii), 1(y)(iii), 1(y)(iv), 1(ab)(iv), 1(ac)(i), 1(ad), 1(ae), 1(af)(i), 1(af)(iii), 1(ai)(i), 1(aj)(ii), 1(ak)(ii), 1(ak)(iii), 1(al), 1(an)(ii), 1(aq), 1(ar), 1(as), 1(at)(i), 1(at)(ii), 1(au)(i), 1(au)(ii), 1(aw)(i), 1(aw)(ii), 1(ax), 1(ay)(i), 1(bb), 1(bc), 6(l), 6(o)(i), 6(p)(i), 6(p)(ii), 6(q), 6(r), 10, 11(a), 11(d)(i), 11(e)(ii) and 16 made by the Senate;

respectfully disagrees with amendments 1(a)(i),1(a)(ii), 1(a)(iii), 1(a)(iv), 1(b)(ii), 1(c)(i), 1(c)(ii), 1(c)(iii), 1(c)(v), 1(d)(i), 1(d)(ii), 1(d)(iii), 1(e)(i), 1(e)(ii), 1(g)(i), 1(g)(iii), 1(h)(i), 1(h)(ii), 1(h)(v), 1(i)(ii), 1(j)(i), 1(j)(ii), 1(j)(iii), 1(k)(i), 1(k)(ii), 1(k)(iii), 1(k)(iv), 1(k)(v), 1(k)(vi), 1(k)(vii), 1(k)(viii), 1(l)(iii), 1(l)(iv), 1(m)(i), 1(m)(ii), 1(m)(iii), 1(m)(iv), 1(m)(v), 1(m)(vi), 1(n)(i), 1(n)(ii), 1(n)(iii), 1(n)(iv), 1(n)(v), 1(o)(i), 1(o)(ii), 1(o)(iii), 1(p)(i), 1(p)(iii), 1(r)(ii), 1(s)(i), 1(s)(ii), 1(v)(ii), 1(x), 1(y)(ii), 1(z)(i), 1(z)(ii), 1(z)(iii), 1(aa)(i), 1(aa)(ii), 1(ac)(ii), 1(ac)(iii), 1(ac)(iv), 1(ag)(ii), 1(ag)(iii), 1(ag)(iv), 1(ag)(vi), 1(ag)(vii), 1(ag)(viii), 1(ah)(i), 1(ah)(ii), 1(ah)(iii), 1(ah)(iv), 1(ah)(v), 1(ai)(ii), 1(aj)(i), 1(aj)(iii), 1(ak)(i), 1(am), 1(an)(i), 1(an)(iv), 1(av)(i), 1(av)(ii), 1(ay)(ii), 1(ay)(iii), 1(az)(i), 1(az)(ii), 1(ba), 6(a), 6(b), 6(c), 6(d)(i), 6(d)(ii), 6(e), 6(f), 6(g)(i), 6(g)(ii), 6(g)(iii), 6(h)(i), 6(h)(ii), 6(h)(iii), 6(i)(i), 6(i)(ii), 6(i)(iii), 6(i)(iv), 6(j)(i), 6(j)(ii), 6(k), 6(m)(i), 6(n), 6(o)(ii), 6(s), 7, 8, 9, 11(b), 11(c)(i), 11(c)(ii), 11(d)(ii), 11(e)(i), 12(a), 12(b), 13, 14(a), 14(b), 15(a), 15(b), 17(a), 17(b) and 17(c) made by the Senate;

proposes that amendment 1(c)(iv) be amended by replacing the text of the amendment with the following:

“(b.1) to establish a fair, predictable and efficient process for conducting impact assessments that enhances Canada’s competitiveness, encourages innovation in the carrying out of designated projects and creates opportunities for sustainable economic development;”;

proposes that amendment 1(f) be amended by deleting subsections (4.1) and (4.2);

proposes that amendment 1(g)(ii) be amended by deleting the amendments to subsection 9(1) and deleting subsection 9(1.1);

proposes that amendment 1(k)(ix) be amended by replacing the text of the amendment with the following:

“sessment of the project that sets out the information or studies that the Agency requires from the proponent and considers necessary for the conduct of the impact assessment; and”;

proposes that amendment 1(k)(xi) be amended by replacing the text of the amendment with the following:

“(1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for the conduct of the impact assessment.

(1.2) The scope of the factors referred to in paragraphs 22(1)(a) to (f), (h) to (l) and (s) and (t) that are to be taken into account under subsection (1.1) and set out in the tailored guidelines referred to in paragraph (1)(b), including the extent of their relevance to the impact assessment, is determined by the Agency.”;

proposes that amendment 1(l)(i) be amended by replacing the text of the amendment with the following:

“(3) The Agency may, on request of any jurisdiction referred to in paragraphs (c) to (g) of the definition jurisdiction in section 2, extend the time limit referred to in subsection (1) by any period up to a maximum of 90 days, to allow it to cooperate with that jurisdiction with respect to the Agency’s obligations under subsection (1).

(4) The Agency must post a notice of any extension granted under subsection (3), including the reasons for granting it, on the Internet site.

(5) The Agency may suspend the time limit within which it must provide the notice of the com-”;

proposes that amendment 1(l)(ii) be amended by renumbering subsection (7) as subsection (6);

proposes that amendment 1(o)(v) be amended by replacing the text of the amendment with the following:

“(2) The Agency’s determination of the scope of the factors made under subsection 18(1.2) applies when those factors are taken into account under subsection (1).”;

proposes that, as a consequence of Senate amendment 1(q)(ii), the following amendment be added:

“1. Clause 1, page 24: Delete lines 8 and 9”;

proposes that amendment 1(r)(iii) be amended to read as follows:

“(iii) replace lines 20 to 26 with the following:

(8) The Agency must post on the Internet site a notice of the time limit established under subsection (5) and of any extension granted under this section, including the reasons for establishing that time limit or for granting that extension.

(9) The Agency may suspend the time limit within which it must submit the report until any activi-”;

proposes that amendment 1(r)(iv) be amended by deleting section 28.1;

proposes that amendment 1(y)(i) be amended by replacing the text of the amendment with the following:

“of reference and the Agency must, within the same period, appoint as a member one or more persons who are unbiased and free from any conflict of in-”;

proposes that amendment 1(z)(iv) be amended by replacing the text of the amendment with the following:

“net site — establish the panel’s terms of reference in consultation with the President of the Canadian Nuclear Safety Commission and the Agency must, within the same period, ap-”;

proposes that amendment 1(z)(v) be amended by replacing the text of the amendment with the following:

“President of the Canadian Nuclear Safety Commission.

(4) The persons appointed from the roster must not”;

proposes that amendment 1(aa)(iii) be amended by replacing the text of the amendment with the following:

“net site — establish the panel’s terms of reference in consultation with the Lead Commissioner of the Canadian Energy Regulator and the Agency must, within the same period, ap-”;

proposes that amendment 1(aa)(iv) be amended by replacing the text of the amendment with the following:

“Lead Commissioner of the Canadian Energy Regulator.

(4) The persons appointed from the roster must not”;

proposes that amendment 1(ab)(i) be amended by replacing the text of the amendment with the following:

“referred to in section 14.

50 (1) The Minister must establish the following rosters:”;

proposes that amendment 1(ab)(ii) be amended by replacing the text of the amendment with the following:

“(2) In establishing a roster under paragraph (1)(b), the Minister must consult with the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act.

(3) In establishing a roster under paragraph (1)(c), the Minister must consult with the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.”;

proposes that amendment 1(ab)(iii) be amended to read as follows:

“(iii) replace lines 30 and 31 with the following:

opportunity to participate meaningfully, in the manner that the review panel considers appropriate and within the time period that it specifies, in the im-”;

proposes that amendment 1(af)(ii) be amended to read as follows:

“(ii) replace lines 20 to 23 with the following:

(a) determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public inter-”;

proposes that, as a consequence of the amendment to amendment 1(af)(ii), the following amendment be added:

“1. Clause 1, page 41: Replace lines 25 to 27 with the following:

(b) refer to the Governor in Council the matter of whether the effects referred to in paragraph (a) are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;

proposes that amendment 1(af)(iv) be amended by replacing the text of the amendment with the following:

“the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to”;

proposes that amendment 1(af)(v) be amended to read as follows:

“(v) replace lines 36 to 39 with the following:

whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;

proposes that amendment 1(af)(vi) be amended by replacing the text of the amendment with the following:

“(1.1) For the purpose of subsection (1), responsible Minister means the following Minister:

(a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act;

(b) in the case of a report prepared by a review panel established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.

(2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made,

(a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or

(b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.”;

proposes that amendment 1(ag)(i) be amended to read as follows:

“(i) replace lines 6 to 9 with the following:

proposes that amendment 1(ag)(v) be amended to read as follows:

“(v) replace lines 19 to 22 with the following:

(b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant;”;

proposes that amendment 1(an)(iii) be amended by renumbering subsection 94(1) as section 94;

proposes that amendment 1(ao)(i) be amended by replacing the text of the amendment with the following:

“95 (1) The Minister may establish a committee – or autho-”;

proposes that amendment 1(ao)(ii) be amended by replacing the text of the amendment with the following:

“(2) The Minister may deem any assessment that provides guidance on how Canada’s commitments in respect of climate change should be considered in impact assessments and that is prepared by a federal authority and commenced before the day on which this Act comes into force to be an assessment conducted under this section.”;

proposes that amendment 1(ao)(iii) be amended by replacing the text of the amendment with the following:

“may be, must take into account any scientific information and Indigenous knowledge — including the knowledge of Indigenous women — provided with respect to the assessment.”;

proposes that amendment 1(ap) be amended by replacing the text of the amendment with the following:

“meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate, in any assess-”;

proposes that amendment 1(at)(iii) be amended by replacing the text of the amendment with the following:

“(a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b), establishing the conditions that must be met for the purposes of the designation and setting out the information that a person or entity — federal authority, government or body — that is referred to in subsection (3) must provide the Agency in respect of the physical activity that they propose to carry out;

(a.3) respecting the procedures and requirements relating to assessments referred to in section 92, 93 or 95;”;

proposes that amendment 2 be amended by replacing the text of the amendment with the following:

“site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and the Agency must, within the same period, ap-”;

proposes that amendment 3(a) be amended by replacing the text of the amendment with the following:

“tablish the panel’s terms of reference in consultation with the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Agency must, within the same period, appoint the”;

proposes that amendment 3(b) be amended by deleting subsection (3.1);

proposes that, as a consequence of the amendment to amendment 3(b), the following amendment be added:

“1. Clause 6, page 94: Replace lines 32 and 33 with the following:

Petroleum Board.”;

proposes that amendment 4(a) be amended to read as follows:

“(a) On page 95, replace lines 33 to 36 with the following:

(b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and

(i) who are members of the Canada-Nova Scotia Offshore Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or

(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”;

proposes that amendment 4(b) be amended to read as follows:

“(b) On page 96, replace lines 3 to 7 with the following:

(d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and

(i) who are members of the Canada–Newfoundland and Labrador Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or

(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”;

proposes that amendment 5 be amended by replacing the text of the amendment with the following:

“8.1 (1) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (a):

(a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources;

(2) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (b):

(c) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister of Natural Resources.”;

proposes that, as a consequence of Senate amendment 6(l), the following amendment be added:

“1. Clause 10, page 208: Replace line 39 with the following:

section 37.1 of that Act;”;

proposes that amendment 6(m)(ii) be amended by replacing the text of the amendment with the following:

“within 90 days after the day on which the report under section 183 is submitted or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may,”;

proposes that, as a consequence of the amendment to amendment 6(m)(ii), the following amendment be added:

“1. Clause 10, page 208: Replace line 7 with the following:

ter the day on which the Commission makes that recommendation or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act, either approve”;

proposes that, as a consequence of Senate amendment 1(bb), the following amendment be added:

“1. New clause 36.1, page 281: Add the following after line 24:

36.1 For greater certainty, section 182.1 of the Impact Assessment Act applies in relation to a pending application referred to in section 36.”.