ENVI Committee Meeting
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Minutes of Proceedings
Conservative
Bloc Québécois
Laura Farquharson, Greg Carreau and Jacqueline Gonçalves answered questions.
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 22 of the Bill.
The committee resumed consideration of the amendment of Laurel Collins, as amended, — That Bill S-5, in Clause 22, be amended by adding after line 27 on page 21 the following:
“Delay - publication of subsequent regulations or instruments
(3) If more than two years have elapsed after the publication of a statement respecting the development of subsequent proposed regulations or instruments under subsection (1) or (2) without the Minister having published all of the regulations or instruments proposed in the statement, the Minister shall publish in the Annual Report a statement made jointly by the Ministers indicating the reasons for the delay and a time frame within which each of the proposed regulations or instruments is to be published.”
The debate continued.
Greg McLean moved, — That the amendment be amended by adding the word “proposed” before the word “regulations”.
The question was put on the subamendment of Greg McLean and it was agreed to on the following recorded division:
YEAS: Laurel Collins, Gérard Deltell, Matt Jeneroux, Damien C. Kurek, Greg McLean, Monique Pauzé — 6;
NAYS: John Aldag, Terry Duguid, Lloyd Longfield, Joanne Thompson, Patrick Weiler — 5.
At 11:31 a.m., the sitting was suspended.
At 11:50 a.m., the sitting resumed.
The question was put on the amendment of Laurel Collins, as amended, and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: John Aldag, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Joanne Thompson, Patrick Weiler — 9.
“Update on estimated timelines
4) The report on progress referred to in subsection (3) shall include an update on estimated timelines and reasons for any delay.”
“Update on estimated timelines
(4) The report on progress referred to in subsection (3) shall include an update on estimated timelines and reasons for any delay.”
The question was put on the amendment of Lloyd Longfield and it was agreed to on the following recorded division:
YEAS: John Aldag, Laurel Collins, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Monique Pauzé, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
Clause 22, as amended, carried on division.
Clauses 23 to 28 inclusive carried on division severally.
On Clause 29,
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 29, be amended(a) by replacing line 34 on page 24 with the following:
“substance to the list of toxic substances in”
(b) by replacing lines 3 to 5 on page 25 with the following:
“prevention actions and to the total, partial or conditional prohibi-”
(c) by replacing line 9 on page 25 with the following:
“shall, in respect of a substance specified on the”
(d) by replacing line 17 on page 25 with the following:
“fied on the list of toxic substances in Sched-”
(e) by replacing line 20 on page 25 with the following:
“the list and repealing the regulations made under sec-”
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: John Aldag, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Joanne Thompson, Patrick Weiler — 9.
“respecting preventive or control actions, including actions that lead to the use of safer or more sustainable alternatives, in relation to a”
Debate arose thereon.
Monique Pauzé moved, — That the amendment be amended by adding after the word “alternatives” the following: “for the environment or human health”.
After debate, the question was put on the subamendment of Monique Pauzé and it was agreed to on the following recorded division:
YEAS: John Aldag, Laurel Collins, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Monique Pauzé, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
The question was put on the amendment of Laurel Collins, as amended, and it was agreed to on the following recorded division:
YEAS: John Aldag, Laurel Collins, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Monique Pauzé, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
Clause 29, as amended, carried on division.
On Clause 30,
Laurel Collins moved, — That Bill S-5, in Clause 30, be amended(a) by replacing line 22 on page 25 with the following:
“30 (1) Subsections 91(1) to (5) of the Act are replaced”
(b) by adding after line 22 on page 26 the following:
“(2) Section 91 of the Act is amended by adding the following after subsection (6):
(6.1) If the proposed regulation or instrument is referred to in a statement published under subsection 78(1) or (2), it shall be published within the time frame specified in the statement.”
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: John Aldag, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Joanne Thompson, Patrick Weiler — 9.
(a) by replacing line 22 on page 25 with the following:
“30 (1) Subsections 91(1) to (5) of the Act are replaced”
(b) by adding after line 22 on page 26 the following:
“(2) Section 91 of the Act is amended by adding the following after subsection (6):
(6.1) If the proposed regulation or instrument is mentioned in a statement published under subsection 78(1) or (2), it shall be published within the time frame specified in the statement.”
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: John Aldag, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Joanne Thompson, Patrick Weiler — 9.
That Bill S-5, in Clause 30, be amended
(a) by replacing line 29 on page 25 with the following:
“stance be added to the list of toxic sub-”
(b) by replacing lines 15 to 22 on page 26 with the following:
“(2) Subsection (1) does not apply in respect of a substance in relation to which a statement has been published under subparagraph 77(6)(c)(ii).”
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: John Aldag, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Joanne Thompson, Patrick Weiler — 9.
Clause 30 carried on division.
Clauses 31 to 33 inclusive carried on division severally.
On Clause 34,
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 34, be amended by replacing lines 33 and 34 on page 29 with the following:“Schedule 1, that the substance be added to that list under section 90.”
After debate, the question was put on the amendment of [mover] and it was negatived on the following recorded division:
YEAS: Laurel Collins, Monique Pauzé — 2;
NAYS: John Aldag, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Joanne Thompson, Patrick Weiler — 9.
Clauses 34 to 37 inclusive carried on division severally.
On Clause 37.1,
Laurel Collins moved, — That Bill S-5 be amended by adding after line 31 on page 30 the following new clause:“37.1 Section 104 of the Act is renumbered as subsection 104(1) and is amended by adding the following:
(2) In this Part, in accordance with the principle of pollution prevention and the precautionary principle, a demonstrable need for a living organism having a wild counterpart is shown where the new living organism would, when exposed to that wild counterpart,
(a) pose no threat to the wild counterpart or to biological diversity; and
(b) benefit biological diversity and bring other social or environmental benefits.”
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: John Aldag, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Joanne Thompson, Patrick Weiler — 9.
Clause 38 carried on division.
On Clause 39,
Patrick Weiler moved, — That Bill S-5, in Clause 39, be amended by(a) replacing lines 2 to 17 on page 31 with the following:
“106, add a living organism to the Domestic Substances List if
(a) the living organism was included on the version of the Revised In Commerce List that was prepared by the Minister of Health after the end, on November 3, 2019, of acceptance of substance nominations to that List and that is referred to in the Canada Gazette, Part I, Volume 152, Number 44, as the static list; and
(b) no conditions specified under paragraph 109(1)(a) in respect of the living organism are in effect.
(2) The Minister may, by order, designate any person or class of persons to exercise the power set out in subsection (1).”
(b) replacing lines 20 to 23 on page 31 with the following:
“tion 105(1), 105.1(1) or 112(1) is not being manufactured in Canada or imported into Canada the Minister may delete the living”
After debate, the question was put on the amendment of Patrick Weiler and it was agreed to on the following recorded division:
YEAS: John Aldag, Laurel Collins, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Monique Pauzé, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
Clause 39 carried on division.
On new Clause 39.01,
“39.01 (1) Subsection 106(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) if the living organism is an animal having a wild counterpart, the information provided shows that there is a demonstrable need for the living organism and that the living organism is not toxic or capable of becoming toxic; and
(2) Subsection 106(4) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) if the living organism is an animal having a wild counterpart, the information provided shows that there is a demonstrable need for the significant new activity involving the living organism and that the significant new activity does not render the living organism toxic or capable of becoming toxic; and
(3) Section 106 of the Act is amended by adding the following after subsection (8):
(8.1) Despite subsection (8), if the living organism is an animal having a wild counterpart, the Ministers must
(a) give public notice of the request for a waiver; and
(b) provide opportunities for members of the public to participate in the assessment of the request.”
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: John Aldag, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Joanne Thompson, Patrick Weiler — 9.
“39.01 (1) Paragraph 106(1)(b) of the Act is replaced by the following:
(b) if the living organism is an animal having a wild counterpart, the information provided shows that there is a demonstrable need for the living organism and that the living organism is not toxic or capable of becoming toxic.
(2) Paragraph 106(4)(b) of the Act is replaced by the following:
(b) if the living organism is an animal having a wild counterpart, the information provided shows that there is a demonstrable need for the significant new activity involving the living organism and that the significant new activity does not make the living organism toxic or capable of becoming toxic.
(3) Section 106 of the Act is amended by adding the following after subsection (8):
(8.1) If the living organism is an animal having a wild counterpart, the Ministers must give public notice of the request made under subsection (8) and must ensure that the public is provided with opportunities to participate meaningfully in their assessment, as provided for in subsection 108(1.1).”
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: John Aldag, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Joanne Thompson, Patrick Weiler — 9.
“39.01 Subsection 106(9) of the Act is replaced by the following:
(9) The Minister shall, as soon as possible in the circumstances, publish in the Canada Gazette a notice stating the name of any person to whom a waiver is granted and the type of information to which it relates.”
After debate, the question was put on the amendment of Patrick Weiler and it was agreed to on the following recorded division:
YEAS: John Aldag, Laurel Collins, Gérard Deltell, Terry Duguid, Matt Jeneroux, Damien C. Kurek, Lloyd Longfield, Greg McLean, Monique Pauzé, Joanne Thompson, Patrick Weiler — 11;
NAYS: — 0.
On Clause 39.1,
Patrick Weiler moved, — That Bill S-5, in Clause 39.1, be amended by replacing line 35 on page 31 to line 15 on page 32 with the following:“39.1 The Act is amended by adding the following after section 108:
Consultations
108.1 (1) If the information that the Ministers assess under subsection 108(1) or (2) is in respect of a vertebrate animal that in its unmodified form is native to Canada or a prescribed living organism or group of living organisms, the Ministers shall consult any interested persons before the expiry of the period for assessing that information.
Notice
(2) Before undertaking consultations, the Minister shall publish a notice of consultation in any manner that the Minister considers appropriate.”
Debate arose thereon.
At 1:01 p.m., the committee adjourned to the call of the Chair.