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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 47
Monday, February 6, 2023, 11:04 a.m. to 12:14 p.m.
Presiding
Francis Scarpaleggia, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Jean-François Pagé, Legislative Clerk
 
Library of Parliament
• Robert Mason, Analyst
Department of Health
• Greg Carreau, Director General, Safe Environments Directorate
Department of the Environment
• Laura Farquharson, Director General, Legislative and Regulatory Affairs, Environmental Protection Branch
• Jacqueline Gonçalves, Director General, Science and Risk Assessment, Science and Technology Branch
Pursuant to the order of reference of Thursday, November 3, 2022, the committee resumed consideration of Bill S-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act.

Laura Farquharson answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 21 of the Bill.

The committee resumed consideration of the amendment of Laurel Collins, — That Bill S-5, in Clause 21, be amended by replacing lines 7 and 8 on page 20 with the following:

“(6) After taking into consideration the comments filed under subsection (5), and within one year after publication of the statement referred to in subsection (1), the”

After debate, the question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:

YEAS: Laurel Collins, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

Monique Pauzé moved, — That Bill S-5, in Clause 21, be amended

(a) by replacing lines 7 to 9 on page 20 with the following:

“(6) After taking into consideration the comments filed under subsection (5), the Ministers shall, within one year after publication of the statement referred to in subsection (1), publish in the Canada Gazette

(b) by adding after line 34 on page 20 the following:

“(8) If the Ministers are of the opinion that further time is necessary to collect data or conduct investigations, they may extend the period referred to in subsection (6) by up to one year.

(8.1) If the Ministers extend the period for collecting data or conducting investigations, they shall provide notice of the extension and the reasons for it in the manner that they consider appropriate.”

The question was put on the amendment of Monique Pauzé and it was negatived on the following recorded division:

YEAS: Laurel Collins, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

Laurel Collins moved, — That Bill S-5, in Clause 21, be amended by adding after line 34 on page 20 the following:

“(8) If they are of the opinion that further time is necessary to collect data or conduct investigations, the Ministers shall publish a notice in the Canada Gazette extending the period under subsection (6) and stating the reasons for the extension.”

The question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:

YEAS: Laurel Collins, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

At 11:14 a.m., the sitting was suspended.

At 11:18 a.m., the sitting resumed.

Terry Duguid moved, — That Bill S-5, in Clause 21, be amended by adding after line 34 on page 20 the following:

“(8) If more than two years have elapsed after the publication of a statement under paragraph (1)(a) without the Ministers having published a statement under paragraph (6)(b), the Minister shall publish in the Environmental Registry a statement made jointly by the Ministers indicating the reasons for the delay and an estimated time frame within which the statement under paragraph (6)(b) is to be published.”

After debate, the question was put on the amendment of Terry Duguid and it was agreed to on the following recorded division:

YEAS: Laurel Collins, Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 11;

NAYS: — 0.

Pursuant to the order adopted by the committee on Tuesday, December 14, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill S-5, in Clause 21, be amended

(a) by replacing line 40 on page 20 with the following:

“added to the list of toxic substances in”

(b) by replacing lines 1 to 4 on page 21 with the following:

“for an order under subsection 90(1).”

After debate, the question was put on the amendment of Elizabeth May and it was negatived on the following recorded division:

YEAS: Laurel Collins, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

Damien C. Kurek moved, — That Bill S-5, in Clause 21, be amended by adding after line 4 on page 21 the following:

“(10) In recommending that a substance be added to Part I or 2 of the list of toxic substances in Schedule 1, the Ministers must ensure that the substance is described as precisely as possible. They may also propose that a specific form, state or use of the substance be specified on the list.”

The question was put on the amendment of Damien C. Kurek and it was negatived on the following recorded division:

YEAS: Gérard Deltell, Damien C. Kurek, Mike Lake, Greg McLean — 4;

NAYS: Laurel Collins, Terry Duguid, Lloyd Longfield, Monique Pauzé, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 7.

Clause 21 carried on division.

On Clause 22,

Laurel Collins moved, — That Bill S-5, in Clause 22, be amended by replacing lines 20 and 21 on page 21 with the following:

“ments that specifies the time frame within which each of those proposed regulations or”

The question was put on the amendment of Laurel Collins and it was negatived on the following recorded division:

YEAS: Laurel Collins, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

Monique Pauzé moved, — That Bill S-5, in Clause 22, be amended

(a) by replacing lines 20 to 22 on page 21 with the following:

“ments that specifies the time frame within which each regulation or instrument is to be published in the Canada Gazette.”

(b) by adding after line 27 on page 21 the following:

“(3) The time frame specified in the statement shall, to the extent possible, not exceed two years after the day on which the statement under subparagraph 77(6)(c)(i) is published.

(4) The Ministers may extend the time frame referred to in subsection (3) by up to one year, and, if they do, the Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice of the extension and the reasons for it.”

After debate, the question was put on the amendment of Monique Pauzé and it was negatived on the following recorded division:

YEAS: Laurel Collins, Monique Pauzé — 2;

NAYS: Gérard Deltell, Terry Duguid, Damien C. Kurek, Mike Lake, Lloyd Longfield, Greg McLean, Leah Taylor Roy, Joanne Thompson, Patrick Weiler — 9.

Laurel Collins moved, — That Bill S-5, in Clause 22, be amended by adding after line 22 on page 21 the following:

“(1.1) The time frame specified in a statement under subsection (1) shall not exceed two years after the day on which the statement is published, except as provided for in subsection (1.2).

(1.2) The Ministers may establish a time frame of more than two years if they determine that a proposed regulation or instrument cannot be developed in that time, in which case they shall publish their reasons in the Canada Gazette.”

Debate arose thereon.

At 11:44 a.m., the sitting was suspended.

At 11:50 a.m., the sitting resumed.

The debate continued

At 11:56 a.m., the sitting was suspended.

At 12:12 p.m., the sitting resumed.

On motion of Terry Duguid, it was agreed, — That the committee do now adjourn.

At 12:14 p.m., the committee adjourned to the call of the Chair.



Alexandre Longpré
Clerk of the committee