HOUSE OF COMMONS OF CANADA
35th PARLIAMENT, 2nd SESSION
JOURNALS
No. 163
Thursday, April 24, 1997
10:00 a.m.
PRAYERS
DAILY ROUTINE OF BUSINESS
Tabling of Documents
Pursuant to Standing Order 32(2), Mr. Richardson
(Parliamentary Secretary to the Minister of National
Defence) laid upon the Table, -- Report of the Communications
Security Establishment Commissioner for the fiscal year
ended March 31, 1997. -- Sessional Paper No. 8525-352-22.
Pursuant to Standing Order 32(2), Mr. Zed
(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. 352-1942, 352-1949 and 352-1953 concerning the highway
system. -- Sessional Paper No. 8545-352-137I;
-- No. 352-1972 concerning euthanasia. -- Sessional Paper No.
8545-352-19U;
-- Nos. 352-1986 and 352-2014 concerning abortion. -- Sessional
Paper No. 8545-352-26T;
-- Nos. 352-2004, 352-2005 and 352-2016 concerning the nuclear
industry. -- Sessional Paper No. 8545-352-46L.
Presenting Reports from Committees
Mr. Telegdi (Waterloo), from the Standing Committee on
Justice and Legal Affairs, presented the 13th Report of the
Committee (Renewing Youth Justice). -- Sessional Paper No.
8510-352-113.
Pursuant to Standing Order 109, the government was
requested by the Committee to table a comprehensive
response.
A copy of the relevant Minutes of Proceedings (Issues
Nos. 1, 4, 5, 6, 9, 10 and 12, which includes this Report)
was tabled.
Mr. Bellemare (Carleton -- Gloucester), from the Standing
Committee on Government Operations, presented the 3rd Report
of the Committee (Public Service Renewal Initiatives). --
Sessional Paper No. 8510-352-114.
Pursuant to Standing Order 109, the government was
requested by the Committee to table a comprehensive
response.
A copy of the relevant Minutes of Proceedings (Issue
No. 5, which includes this Report) was tabled.
Mr. Walker (Winnipeg North Centre), from the Standing
Committee on Industry, presented the 5th Report of the
Committee (Review of Section 14 of the Patent Act Amendment
1992). -- Sessional Paper No. 8510-352-115.
Pursuant to Standing Order 109, the government was
requested by the Committee to table a comprehensive
response.
A copy of the relevant Minutes of Proceedings (Issues
Nos. 4, 5 and 6, which includes this Report) was tabled.
Ms. Guarnieri (Mississauga East), from the Standing
Joint Committee on Official Languages, presented the 3rd
Report of the Committee (The Application of the Official
Languages Act in the National Capital Region). -- Sessional
Paper No. 8510-352-116.
Pursuant to Standing Order 109, the government was
requested by the Committee to table a comprehensive
response.
A copy of the relevant Minutes of Proceedings (Issue
No. 15, which includes this Report) was tabled.
Mrs. Hickey (St. John's East), from the Standing
Committee on Health, presented the 9th Report of the
Committee (Proposed tobacco regulations). -- Sessional Paper
No. 8510-352-117.
A copy of the relevant Minutes of Proceedings (Issue
No. 7, which includes this Report) was tabled.
Introduction of Private Members' Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion
of Mr. Loubier (Saint-Hyacinthe -- Bagot), seconded by Mr. de
Savoye (Portneuf), Bill C-438, An Act to amend the Insurance
Companies Act, was introduced, read the first time, ordered
to be printed and ordered for a second reading at the next
sitting of the House.
Motions
Pursuant to Standing Order 56.1(1)(a), Mr. Mifflin
(Minister of Fisheries and Oceans), seconded by Ms. McLellan
(Minister of Natural Resources), moved, -- That, on Friday,
April 25, 1997, until Members return from a ceremony
granting the Royal Assent to a bill or bills, the House
shall not adjourn for any reason except pursuant to a motion
by a Minister of the Crown, provided that if no such
ceremony has occurred by the ordinary time of adjournment,
the sitting shall be suspended to the call of the Chair,
which may come for the sole purpose of attending such a
ceremony, after which the House shall be adjourned to the
next sitting day.
The question was put on the motion and, fewer than 25
Members having risen to object, pursuant to Standing Order
56.1(3), the motion was agreed to.
Presenting Petitions
Pursuant to Standing Order 36, petitions certified correct by the Clerk
of Petitions were presented as follows:
-- by Mrs. Dalphond-Guiral (Laval Centre), eight concerning sexual abuse of
children (Nos. 352-2233 to 352-2240);
-- by Mr. Graham (Rosedale), two concerning AIDS research (Nos. 352-2241 and
352-2242);
-- by Mr. Lincoln (Lachine -- Lac-Saint-Louis), one concerning national unity
(No. 352-2243);
-- by Mr. Gouk (Kootenay West -- Revelstoke), one concerning taxes on books (No.
352-2244), two concerning Old Age Security benefits (Nos. 352-2245 and 352-
2246), one concerning the Canada Pension Plan (No. 352-2247) and one
concerning the regulation of food and drugs (No. 352-2248);
-- by Mr. Solberg (Medicine Hat), one concerning the Canada Pension Plan (No.
352-2249) and one concerning sex offenders (No. 352-2250);
-- by Mr. Frazer (Saanich -- Gulf Islands), one concerning taxes on books (No.
352-2251), one concerning the highway system (No. 352-2252) and one concerning
the tax on gasoline (No. 352-2253);
-- by Mr. Crawford (Kent), one concerning the highway system (No. 352-2254) and
one concerning sexual orientation (No. 352-2255);
-- by Mr. Peterson (Willowdale), one concerning conscientious objection (No.
352-2256) and one concerning the Canada Pension Plan (No. 352-2257);
-- by Mr. Nunez (Bourassa), one concerning the Canada Labour Code (No. 352-
2258);
-- by Mr. Mayfield (Cariboo -- Chilcotin), one concerning the parole system (No.
352-2259) and two concerning taxes on books (Nos. 352-2260 and 352-2261);
-- by Mr. White (Fraser Valley West), two concerning sentences in the Criminal
Code (Nos. 352-2262 and 352-2263), one concerning natural gas from Sable
Island (No. 352-2264) and one concerning taxes on books (No. 352-2265);
-- by Mr. McCormick (Hastings -- Frontenac -- Lennox and Addington), one concerning
national parks (No. 352-2266);
-- by Mrs. Terrana (Vancouver East), two concerning banks (Nos. 352-2267 and
352-2268);
-- by Mr. Szabo (Mississauga South), fifty-one concerning police and
firefighters' death benefits (Nos. 352-2269 to 352-2319) and seven concerning
the income tax system (Nos. 352-2320 to 352-2326);
-- by Mr. Strahl (Fraser Valley East), two concerning the Food and Drugs Act
(Nos. 352-2327 and 352-2328), one concerning Canadian Forces bases (No. 352-
2329), one concerning the theft of motor vehicles (No. 352-2330) and one
concerning sex offenders (No. 352-2331);
-- by Mrs. Wayne (Saint John), one concerning safety regulation of devices (No.
352-2332).
Questions on Order Paper
Mr. Zed (Parliamentary Secretary to the Leader of the
Government in the House of Commons) presented the answer to
question Q-66 on the Order Paper.
Pursuant to Standing Order 39(7), the following question was
made an Order of the House for Return:
Q-74 -- Mr. Robinson (Burnaby -- Kingsway) -- What funds, grants,
loans and loan guarantees has the federal government issued
in the constituency of Burnaby -- Kingsway since the beginning
of this Parliament, including the 1996-97 Budget and up to
today, and, in each case where applicable: (a) the
department or agency responsible, (b) the program under
which the payment was made, (c) the names of the recipients,
if they were groups or organizations, (d) the monetary value
of the payment made and (e) the percentage of program
funding covered by the payment received?
Mr. Zed (Parliamentary Secretary to the Leader of the
Government in the House of Commons) presented the Return to
this Order. -- Sessional Paper No. 8555-352-74.
GOVERNMENT ORDERS
The Order was read for the consideration at report stage and
second reading of Bill C-72, An Act to amend the Canadian
Wheat Board Act and to make consequential amendments to
other Acts, as reported by the Standing Committee on
Agriculture and Agri-Food with amendments.
Pursuant to Standing Order 76(5), the Speaker selected and
grouped for debate the following motions:
Group No. 1 -- Motions Nos. 1 and 17.
Group No. 2 -- Motions Nos. 2 to 10 and 19.
Group No. 3 -- Motions Nos. 11 to 14.
Group No. 4 -- Motion No. 15.
Group No. 5 -- Motion No. 16.
Group No. 6 -- Motion No. 18.
Group No. 7 -- Motion No. 20.
Group No. 1
Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mr.
Johnston (Wetaskiwin), moved Motion No. 1, -- That Bill C-72 be
amended by deleting Clause 2.
Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mr.
Johnston (Wetaskiwin), moved Motion No. 17, -- That Bill C-72
be amended by deleting Clause 10.
Debate arose on Motions in Group No. 1.
The question was put on Motion No. 1 and pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 17, was deferred.
INTERRUPTION
At 11:51 a.m., the sitting was suspended.
At 11:58 a.m., the sitting resumed.
GOVERNMENT ORDERS
By unanimous consent, the debate on Bill C-72, An Act
to amend the Canadian Wheat Board Act and to make
consequential amendments to other Acts, was adjourned.
The Order was read for the consideration at report stage and
second reading of Bill C-65, An Act respecting the
protection of wildlife species in Canada from extirpation or
extinction, as reported by the Standing Committee on
Environment and Sustainable Development with amendments.
Pursuant to Standing Order 76.1(5), the Speaker selected and
grouped for debate the following motions:
Group No. 1 -- Motions Nos. 1, 3, 4, 6, 7, 11, 19, 25, 27, 50,
54, 56 to 60, 62, 63, 65, 66 and 82 to 109.
Group No. 2 -- Motions Nos. 2, 15 to 17, 21, 24, 26, 34, 35,
44, 45, 49, 55, 64, 74 and 81.
Group No. 3 -- Motions Nos. 5, 8 to 10, 12 to 14, 18, 20, 22,
23, 31, 32, 46, 47, 51, 52, 61, 67 to 70, 75, 79, 80, 110,
111 and 115.
Group No. 4 -- Motions Nos. 28, 30, 33, 53, 71, 72, 76 to 78
and 112.
Group No. 5 -- Motions Nos. 36 to 38, 40 to 43, 48, 73 and 113.
Group No. 1
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Riis (Kamloops), moved Motion No. 1, -- That Bill C-65, in the
Preamble, be amended by replacing line 21 on page 1 with the
following:
``measures to prevent the''
Mr. Forseth (New Westminster -- Burnaby), seconded by Mr.
Strahl (Fraser Valley East), moved Motion No. 3, -- That Bill
C-65, in the Preamble, be amended by adding after line 36 on
page 1 the following:
``conservation will be enhanced through an informed public
wherein biological and socio-economic concerns are combined
to achieve sustainable development with an environmental
ethic,''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No. 4, --
That Bill C-65, in the Preamble, be amended by replacing
line 3 on page 2 with the following:
community interests, including socio-economic interests,"
Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser
Valley East), moved Motion No. 6, -- That Bill C-65, in the
preamble, be amended by adding after line 13 on page 2 the
following:
``actions taken under this Act must take into account the
social and economic consequences of those actions on the
parties affected,''
Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser
Valley East), moved Motion No. 7, -- That Bill C-65, in the
preamble, be amended by adding after line 13 on page 2 the
following:
``the responsible minister must suspend the application of
the provisions of this Act respecting recovery and
management plans if it is established to the satisfaction of
the responsible minister that measures are being taken or
will be taken within a reasonable time by landowners or by
any other interested parties for the protection of certain
wildlife species,
the purpose of a suspension of the application of certain
provisions of this Act is to strengthen co-operation among
the various parties concerned,''
Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser
Valley East), moved Motion No. 11, -- That Bill C-65, in Clause
2, be amended by adding after line 8 on page 4 the
following:
````landowner'' includes a person who leases federal land.''
Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser
Valley East), moved Motion No. 19, -- That Bill C-65 be amended
by adding after line 7, on page 7, the following:
``3.3 Notwithstanding any other provision in this Act, no
provision of this Act or any regulation or emergency order
made under this Act, with the exception of sections 31 to
33, applies to a landowner that would result in the
expenditure of money by the landowner or in a financial loss
for the landowner.''
Mr. Forseth (New Westminster -- Burnaby), seconded by Mr.
Strahl (Fraser Valley East), moved Motion No. 25, -- That Bill
C-65, in Clause 8, be amended by adding after line 10 on
page 9 the following:
``(1.1) For greater certainty, for the purposes of subsection
(1), ``costs'' include any cost to a person or organization
incurred by way of a business loss suffered by virtue of the
implementation of a program or measure for the conservation
of wildlife species in respect of land owned by the
organization or person.''
Mr. Forseth (New Westminster -- Burnaby), seconded by Mr.
Strahl (Fraser Valley East), moved Motion No. 27, -- That Bill
C-65, in Clause 8, be amended by replacing line 25 on page 9
with the following:
``program or measure and provide for written notice to the
persons who will be directly affected by the program or
measure.''
Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 50, -- That Bill C-65,
in Clause 38, be amended by adding:
(a) after line 9 on page 21 the following:
``(1.1) The responsible minister shall hold at least one
public hearing in the area affected by the recovery plan to
hear the comments of persons interested in cooperating in
the preparation of the recovery plan.
(1.2) The responsible minister shall cause to be published,
in the Canada Gazette and in a daily or weekly newspaper in
general circulation in the area affected by the recovery
plan, at least sixty days prior to the commencement of any
public hearing held by the responsible minister in the area
pursuant to subsection (1.1), a notice containing
(a) a statement that the responsible minister must prepare a
recovery plan and hold a public hearing concerning the plan;
(b) the time, date and place of the hearing;
(c) a statement that any person interested in cooperating in
the preparation of the plan must notify the responsible
minister, at least three working days prior to the
commencement of the public hearing, in electronic or other
form, of the person's name and address and of the fact that
the person is affected or interested.''
(b) after line 22 on page 21 the following:
``(d.1) any other person or organization that notifies the
responsible minister, at least three working days prior to
the commencement of the hearing referred to in subsection
(1.1), in electronic or other form, of the name and address
of the person or organization and of the fact that the
person or organization is affected or interested.''
Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser
Valley East), moved Motion No. 54, -- That Bill C-65, in Clause
38, be amended by replacing lines 28 to 32 on page 21 with
the following:
``(3) Where the responsible minister receives, within twelve
months after a wildlife species is listed as endangered,
threatened or extirpated, a request signed by a majority of
the landowners referred to in paragraph 39(b) requesting
that one or more public hearings be held concerning the
preparation of the recovery plan, the responsible minister
must
(a) hold at least one public hearing in the place and within
the month indicated in the request; and
(b) advise the persons who signed the request of the time
and place of the public hearing.
(3.1) The recovery plan must be completed
(a) within three months after the last public hearing held
under subsection (3) has been completed; and
(b) where no public hearing is held under subsection (3),
within one year after the wildlife species was listed as
endangered, threatened or extirpated.''
Mr. Forseth (New Westminster -- Burnaby), seconded by Mr.
Strahl (Fraser Valley East), moved Motion No. 56, -- That Bill
C-65, in Clause 38, be amended by replacing line 36 on page
21 with the following:
``technically, biologically and socio-economically feasible
and''
Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 57, -- That Bill C-65,
in Clause 38, be amended by replacing line 36 on page 21
with the following:
``technically, socio-economically and biologically possible
and''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
58, -- That Bill C-65, in Clause 38, be amended by
(a) replacing line 36 on page 21 with the following:
"technically and biologically feasible and"
(b) replacing line 2 on page 22 with the following:
"technically and biologically feasible, the"
(c) replacing line 11 on page 23 with the following:
"not technically or biologically feasible, the"
Mr. Forseth (New Westminster -- Burnaby), seconded by Mr.
Strahl (Fraser Valley East), moved Motion No. 59, -- That Bill
C-65, in Clause 38, be amended by replacing lines 1 and 2 on
page 22 with the following:
``(5) If the recovery of the wildlife species is technically,
biologically and socio-economically feasible, the''
Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 60, -- That Bill C-65,
in Clause 38, be amended by replacing line 2 on page 22 with
the following:
``technically, socio-economically and biologically possible,
the''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
62, -- That Bill C-65, in Clause 38, be amended
(a) by replacing line 21 on page 22 with the following:
"(d) an evaluation of the costs and benefits, including the
socio-economic costs and benefits, of"
(b) by replacing line 38 on page 22 with the following:
"promote cooperative or voluntary efforts for the protec-"
(c) by adding after line 40 on page 22 the following:
"(h.1) an indication of any land that is part of the habitat
of the species and may qualify as ecologically sensitive
land for the purpose of a tax deductible donation under
paragraph 110.1(1)(d) of the Income Tax Act;"
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Riis (Kamloops), moved Motion No. 63, -- That Bill C-65, in
Clause 38, be amended by adding after line 40 on page 22 the
following:
``(h.1) an identification and evaluation of any impact on the
communities located on the land on which the species is
found and on the workers on and the users of that land;''
Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 65, -- That Bill C-65,
in Clause 38, be amended by replacing lines 10 to 15 on page
23 with the following:
``(7) If the recovery of the wildlife species is not
technically, socio-economically or biologically possible,
the recovery plan may include measures limited to the
prohibition of activities that directly affect individuals
of the species or their residences.''
Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser
Valley East), moved Motion No. 66, -- That Bill C-65, in Clause
39, be amended by replacing lines 16 to 19 on page 23 with
the following:
``39. The recovery plan must be prepared in consultation with
(a) any persons who the responsible minister considers are
directly affected by, or interested in, the plan; and
(b) any directly affected landowners who have notified the
responsible minister of their wish to be consulted regarding
the recovery plan.''
Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 82, -- That Bill C-65,
in Clause 51, be amended by replacing lines 42 to 44 on page
28 with the following:
``(3), during normal business hours, enter and inspect any
place in which the officer believes, on reasonable and
probable grounds, there is any thing to''
Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 83, -- That Bill C-65,
in Clause 51, be amended by replacing lines 21 to 24 on page
29 with the following:
``a dwelling-place except with the witnessed and written
permission of the owner or tenant of the dwelling place or
under the authority of a warrant.''
Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 84, -- That Bill C-65,
in Clause 52, be amended by replacing lines 43 to 46 on page
29 and lines 1 to 3 on page 30 with the following:
``order, an enforcement officer shall not exercise the powers
of search and seizure provided in section 487 of the
Criminal Code in respect of a building without a warrant or
the witnessed written permission of the owner or tenant of
the building.''
Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 85, -- That Bill C-65,
in Clause 57, be amended by replacing lines 1 and 2 on page
32 with the following:
``57.(1) The responsible minister must acknowledge receipt of
the application and send a copy of it by registered mail to
each person alleged in the application to have been involved
in the commission of the offence within''
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 86, -- That Bill C-65, in Clause 59, be
amended by replacing lines 23 to 26 on page 33 with the
following:
``A copy of the report sent to a person whose conduct was
investigated must disclose the name and address of the
applicant.''
Mr. Benoit (Vegreville), seconded by Mr. Strahl (Fraser
Valley East), moved Motion No. 87, -- That Bill C-65 be amended
by adding after line 32 on page 33 the following:
``59.1 The responsible minister must, by order, suspend, for
a specified term, the application of all or any of the
provisions of this Act respecting recovery and management
plans if it is established to the satisfaction of the
responsible minister that measures are being taken or will
be taken within a reasonable time by landowners or by any
other interested parties for the protection of a wildlife
species that is listed as endangered, threatened or
extirpated.''
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 88, -- That Bill C-65 be amended by
deleting Clause 60.
Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Strahl
(Fraser Valley East), moved Motion No. 89, -- That Bill C-65,
in Clause 60, be amended by replacing lines 36 to 43 on page
33 and lines 1 to 5 on page 34 with the following:
``(a) the responsible minister has not performed the duties
of the responsible minister under this Act; or
(b) there are reasonable and probable grounds to believe
that there is collusion between the responsible minister and
the person alleged to have committed an offence under this
Act.''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
90, -- That Bill C-65, in Clause 60, be amended by replacing,
in the English version, line 12 on page 34 with the
following:
"(b) caused or will cause significant harm to an individ-"
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 91, -- That Bill C-65 be amended by
deleting Clause 61.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 92, -- That Bill C-65 be amended by
deleting Clause 62.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 93, -- That Bill C-65 be amended by
deleting Clause 63.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 94, -- That Bill C-65 be amended by
deleting Clause 64.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 95, -- That Bill C-65 be amended by
deleting Clause 65.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 96, -- That Bill C-65 be amended by
deleting Clause 66.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 97, -- That Bill C-65 be amended by
deleting Clause 67.
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
98, -- That Bill C-65, in Clause 67, be amended by adding after
line 12 on page 36 the following:
"(1.1) In an endangered species protection action, a
defendant is deemed to have exercised all due diligence if
the defendant lawfully engaged in an activity that they had
no reason to believe was likely to affect the individual,
critical habitat or residence concerned."
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 99, -- That Bill C-65 be amended by
deleting Clause 68.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 100, -- That Bill C-65 be amended by
deleting Clause 69.
Mr. Forseth (New Westminster -- Burnaby), seconded by Mr.
Strahl (Fraser Valley East), moved Motion No. 101, -- That Bill
C-65, in Clause 69, be amended by replacing line 25 on page
36 with the following:
``mentioned in subsection 60(3). The court shall take into
consideration scientific and socio-economic concerns when
granting any relief under this section.''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
102, -- That Bill C-65, in Clause 69, be amended by replacing
line 25 on page 36 with the following:
``mentioned in subsection 60(3). The court must take into
consideration scientific and socio-economic concerns when
granting any relief under this section.''
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 103, -- That Bill C-65 be amended by
deleting Clause 70.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 104, -- That Bill C-65 be amended by
deleting Clause 71.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 105, -- That Bill C-65 be amended by
deleting Clause 72.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 106, -- That Bill C-65 be amended by
deleting Clause 73.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 107, -- That Bill C-65 be amended by
deleting Clause 74.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 108, -- That Bill C-65 be amended by
deleting Clause 75.
Mr. Scott (Skeena), seconded by Mr. Strahl (Fraser Valley
East), moved Motion No. 109, -- That Bill C-65 be amended by
deleting Clause 76.
Debate arose on the motions in Group No. 1 (Motions Nos. 1, 3, 4, 6, 7,
11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82 to 109).
MOTIONS
By unanimous consent, Mr. Zed (Parliamentary Secretary
to the Leader of the Government in the House of Commons),
seconded by Mrs. Stewart (Minister of National Revenue),
moved, -- That this House agree to split current Part III
Estimates documents into Reports on Plans and Priorities and
Performance Reports and require all departments and agencies
to table, on a pilot basis for the 1997-98 fiscal year, for
consideration by the appropriate committees:
1. pilot departmental Performance Reports in the Fall timed
with the President's Report on Review; and
2. pilot Reports on Plans and Priorities, including
detailed financial information presented according to
appropriate vote structure in a consistent manner, to be
tabled on or before the last sitting day before March 31 and
referred to committees and reported back to the House
pursuant to Standing Order 81(4).
The question was put on the motion and it was agreed to.
GOVERNMENT ORDERS
The House resumed consideration at report stage and second
reading of Bill C-65, An Act respecting the protection of
wildlife species in Canada from extirpation or extinction,
as reported by the Standing Committee on Environment and
Sustainable Development with amendments;
And of the motions in Group No. 1 (Motions Nos. 1, 3, 4, 6,
7, 11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82
to 109).
The debate continued on the motions in Group No. 1.
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.
PRESENTING PETITIONS
By unanimous consent, a petition was presented as follows:
-- by Mr. Sauvageau (Terrebonne), concerning the abduction of children from
Canada by a parent (No. 352-2333).
GOVERNMENT ORDERS
The House resumed consideration at report stage and second
reading of Bill C-65, An Act respecting the protection of
wildlife species in Canada from extirpation or extinction,
as reported by the Standing Committee on Environment and
Sustainable Development with amendments;
And of the motions in Group No. 1 (Motions Nos. 1, 3, 4, 6,
7, 11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82
to 109).
The debate continued on continued on the motions in Group No. 1.
QUORUM
The attention of the Speaker was drawn to the lack of a
quorum and, fewer than 20 members having been counted,
pursuant to Standing Order 29(3), the bells were rung to
call in the Members.
After four minutes, a quorum was found.
GOVERNMENT ORDERS
The House resumed consideration at report stage and second
reading of Bill C-65, An Act respecting the protection of
wildlife species in Canada from extirpation or extinction,
as reported by the Standing Committee on Environment and
Sustainable Development with amendments;
And of the motions in Group No. 1 (Motions Nos. 1, 3, 4, 6,
7, 11, 19, 25, 27, 50, 54, 56 to 60, 62, 63, 65, 66 and 82
to 109).
The question was put on Motion No. 1 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 3 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 56 was deferred.
The question was put on Motion No. 4 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 6 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 7 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 11, 19, 54 and 66 was deferred.
The question was put on Motion No. 25 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 27 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 50 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 62 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 63 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 82 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 83 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 84 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 85 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 86 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 87 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 88 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 91, 97, 99, 100 and 103 to 109, was
deferred.
Group No. 2
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 2, -- That Bill C-65, in Clause Preamble, be
amended by replacing lines 27 and 28 on page 1 with the
following:
``levels of government in this country and that under the
National Agreement on the Protection of Endangered Species
it is essential for them to work together to''
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Riis (Kamloops), moved Motion No. 15, -- That Bill C-65, in
Clause 3, be amended by replacing lines 39 to 41 on page 5
with the following:
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 16, -- That Bill C-65, in Clause 3.1, be
amended by replacing lines 1 to 13 on page 6 with the
following:
``3.1 Where a provincial minister advises the Minister that
the government of the province does not wish a provision of
this Act or a regulation made thereunder to apply in the
province in respect of wildlife species and their habitats
in so far as individuals of those species are found on lands
in the province that are not federal lands, that provision
or regulation, as the case may be, shall not apply to those
species and their habitats until such time as the provincial
minister consents to its application to those species and
their habitats.''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
17, -- That Bill C-65, in Clause 3.1, be amended
(a) by replacing line 3 on page 6 with the following:
"42 or 45.1 apply in respect of wildlife species and"
(b) by replacing lines 8 and 9 on page 6 with the following:
"habitats mentioned in paragraph 3(a) or (b) or section 33;"
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 21, -- That Bill C-65, in Clause 5, be amended
by replacing, in the French version, lines 28 and 29 on page
7 with the following:
``disparition des espèces sauvages et à per-''
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 24, -- That Bill C-65, in Clause 7, be amended
by adding after line 33 on page 8 the following:
``(3) Notwithstanding subsection (2), no responsible minister
may enter into an agreement under that subsection with an
organization or person in a province unless the minister
advises the provincial minister of that province of the
responsible minister's intention to enter into the agreement
with the organization or person, as the case may be, and
the provincial minister informs the responsible minister
that the government of the province does not object to the
responsible minister entering into such an agreement with
that organization or person.''
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 26, -- That Bill C-65, in Clause 8, be amended
by adding after line 10 on page 9 the following:
``(1.1) Notwithstanding subsection (1), no responsible
minister may enter into an agreement under that subsection
with an organization or person in a province unless the
minister advises the provincial minister of that province of
the responsible minister's intention to enter into the
agreement with the organization or person, as the case may
be, and the provincial minister informs the responsible
minister that the government of the province does not object
to the responsible minister entering into such an agreement
with that organization or person. ''
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 34, -- That Bill C-65, in Clause 20, be
amended by replacing line 15 on page 13 with the following:
``tion of COSEWIC and with the approval of the Council, make
regulations estab-''
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 35, -- That Bill C-65, in Clause 26, be
amended by replacing line 2 on page 15 with the following:
``COSEWIC and with the approval of the Council, may restrict
the release of any''
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 44, -- That Bill C-65, in Clause 33, be
amended by adding after line 24 on page 16 the following:
``(1.1) Where a provincial minister advises the Minister that
the government of the province does not wish subsection (1)
to apply in the province in respect of a wildlife animal
species in so far as individuals of the species are found on
lands in the province that are not federal lands, this
subsection shall not apply to the species until such time as
the provincial minister consents to its application to the
species.''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
45, -- That Bill C-65, in Clause 33, be amended by replacing
line 33 on page 16 with the following:
"equivalent provision. Despite the order, subsection (1)
continues to apply on federal land."
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 49, -- That Bill C-65, in Clause 38, be
amended by
(a) replacing line 1 on page 21 with the following:
``38.(1) With the assistance of the Council, the responsible
minister must''
(b) by replacing line 9 on page 21 with the following:
``recovery plan together, with the assistance of the
Council.''
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 55, -- That Bill C-65, in Clause 38, be
amended by replacing line 34 on page 21 with the following:
``advice of COSEWIC and with the assistance of the Council,
must determine wheth-''
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 64, -- That Bill C-65, in Clause 38, be
amended by replacing line 2 on page 23 with the following:
``recovery plan, the responsible minister, with the
assistance of the Council, must''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
74, -- That Bill C-65, in Clause 46, be amended by replacing
lines 21 to 25 on page 25 with the following:
"activity affecting a listed species, its residences or any
other part of its critical habitat."
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
81, -- That Bill C-65, in Clause 49, be amended by replacing
line 16 on page 27 with the following:
"(b) in the case of a project outside Canada, its
continental shelf and its exclusive economic zone,"
Debate arose on the motions in Group No. 2.
QUORUM
The attention of the Speaker was drawn to the lack of a
quorum and, fewer than 20 members having been counted,
pursuant to Standing Order 29(3), the bells were rung to
call in the Members.
After ten minutes, a quorum was found.
GOVERNMENT ORDERS
The House resumed consideration at report stage and second
reading of Bill C-65, An Act respecting the protection of
wildlife species in Canada from extirpation or extinction,
as reported by the Standing Committee on Environment and
Sustainable Development with amendments;
And of the motions in Group No. 2 (Motions Nos. 2, 15, 16,
17, 24, 26, 34, 35, 44, 45, 49, 55, 64, 74 and 81).
The debate continued on the motions in Group No. 2.
The question was put on Motion No. 2 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 15 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 16 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 24, 26 and 44 was deferred.
The question was put on Motion No. 21 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 34 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 35, 49, 55 and 64 was deferred.
The question was put on Motion No. 45 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 74 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 81 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
Group No. 3
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No. 5, --
That Bill C-65, in the Preamble, be amended by replacing
lines 6 to 9 on page 2 with the following:
"the roles of the aboriginal peoples of Canada, and of the
wildlife management boards established under aboriginal land
claims agreements, in the conservation of wildlife"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No. 8, --
That Bill C-65, in Clause 2, be amended by replacing line 7
on page 3 with the following:
"cision under section 24, a recovery plan or a management
plan."
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No. 9, --
That Bill C-65, in Clause 2, be amended by replacing lines
24 to 34 on page 3 with the following:
"(b) the internal waters of Canada and the territorial sea
of Canada; and"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
10, -- That Bill C-65, in Clause 2, be amended by replacing
lines 1 to 4 on page 4 with the following:
(a) in respect of aquatic species, spawning grounds and
nursery, rearing, food supply, migration and any other areas
on which aquatic species depend directly or indirectly in
order to carry out their life processes; and
(b) in respect of other wildlife species, the area or type
of site where an individual or the species naturally occurs
or formerly occurred and has the potential to be
reintroduced."
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
12, -- That Bill C-65, in Clause 2, be amended by replacing
lines 25 and 26 on page 4 with the following:
``habitually occupied by one or more individuals during all
or part of their life cycles,''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
13, -- That Bill C-65, in Clause 2, be amended by replacing
line 17 on page 5 with the following:
"cies or geographically dis-"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
14, -- That Bill C-65, in Clause 3, be amended by replacing, in
the English version, line 36 on page 5 with the following:
"wildlife species and their habitats, including, but not
limited to,"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
18, -- That Bill C-65, in Clause 3.2, be amended
(a) by replacing line 25 on page 6 with the following:
"habitats mentioned in paragraph 3(a) or"
(b) by replacing lines 38 and 39 on page 6 with the
following:
"ment board established under an aboriginal land claims
agreement if the Minister"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
20, -- That Bill C-65, in Clause 4, be amended
(a) by replacing line 14 on page 7 with the following:
"mentioned in paragraph 3(a) or (b) or"
(b) by replacing line 23 on page 7 with the following:
Mr. Forseth (New Westminster -- Burnaby), seconded by Mr.
Strahl (Fraser Valley East), moved Motion No. 22, -- That Bill
C-65, in Clause 7, be amended by replacing lines 27 and 28
on page 8 with the following:
``and the agreement may provide for public education and
awareness programs about the importance of conserving the
species. The agreement may be with one''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
23, -- That Bill C-65, in Clause 7, be amended by replacing
lines 27 and 28 on page 8 with the following:
``and the agreement may provide for public education and
awareness programs about the importance of conserving the
species. The agreement may be with one''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
31, -- That Bill C-65, in Clause 14, be amended by replacing,
in the French version, line 35 on page 11 with the
following:
"(3) Les membres du COSEPAC sont nommés à titre amovible
pour"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
32, -- That Bill C-65, in Clause 16, be amended by replacing
lines 12 and 13 on page 12 with the following:
"species is found in an area that is governed by an
aboriginal land claims agreement, subcommittees"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
46, -- That Bill C-65, in Clause 34, be amended by
(a) replacing line 36 on page 17 with the following:
"section 31, 32 or 33. The order may include"
(b) replacing lines 39 to 42 on page 17 and lines 1 and 2 on
page 18 with the following:
(c) replacing line 30 on page 18 with the following:
"emergency order made under subsection (1) or (1.1)"
(d) replacing lines 34 to 38 on page 18 with the following:
"in response to the designation or reclassification;
(b) in the case of an emergency designation or
reclassification, COSEWIC determines that the designation or
reclassification is no longer required; or"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
47, -- That Bill C-65 be amended by adding before line 19 on
page 19 the following:
"35.2 (1) Subsection 31(1) does not apply to a person who
takes one or more individuals of a listed extirpated,
endangered or threatened species as bycatch in a fishery
authorized by an agreement, permit, licence, order or other
similar document made or issued, subject to subsection (2),
by a responsible minister under another Act of Parliament.
For the purposes of this section, "bycatch" means a catch
that is incidental to the authorized fishery.
(2) The authorizing document must be made or issued in
accordance with section 46 or 47, unless the bycatch is
unforeseeable.
(3) Subsection 31(2) does not apply to individuals taken as
described in subsections (1) and (2), except that if the
bycatch is unforeseeable, the person who takes it shall not
possess it for longer than is necessary to return it to the
water from which it was taken or to donate it to a museum,
zoo, educational institution, scientific society or
government"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
51, -- That Bill C-65, in Clause 38, be amended by
(a) replacing lines 18 to 20 on page 21 with the following:
"established under an aboriginal land claims agreement if
the wildlife species is found in an area that is governed by
the agreement; and"
(b) replacing line 24 on page 21 with the following:
"that is governed by an aboriginal land claims"
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Riis (Kamloops), moved Motion No. 52, -- That Bill C-65, in
Clause 38, be amended by replacing lines 20 to 22 on page 21
with the following:
``land that is governed by the legislation;
(d) the government of any other country in which the species
is found; and
i) of communities located on the land on which the species
is found,
ii) of workers on the land described in subparagraph (i);
and
iii) of users of the land described in subparagraph (i).''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
61, -- That Bill C-65, in Clause 38, be amended by
(a) replacing lines 9 and 10 on page 22 with the following:
"habitat, that takes into account information provided by"
(b) replacing lines 13 to 15 on page 22 with the following:
"survival of the species that takes into account information
provided by COSEWIC;"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
67, -- That Bill C-65, in Clause 40, be amended by replacing
lines 29 and 30 on page 23 with the following:
"(2) Within 120 days after the end of the comment period,
the respon-"
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 68, -- That Bill C-65, in Clause 40, be
amended by replacing line 31 on page 23 with the following:
``sible minister, with the assistance of the Council, must
prepare and publish in the''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
69, -- That Bill C-65, in Clause 42, be amended by
(a) replacing lines 4 to 9 on page 24 with the following:
"42. (1) Within 120 days after the end of the comment period
mentioned in paragraph 40(1)(b), the responsible minister
shall make regulations needed for the purpose of
implementing regulatory measures included in the recovery
plan, including prohibit-"
(b) adding after line 11 on page 24 the following:
"(1.1) The responsible minister may at any time make any
other regulations for the purpose of implementing the
measures included in the recovery plan."
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
70, -- That Bill C-65, in Clause 44.1, be amended by
(a) by replacing line 29 on page 24 with the following:
"44.1 (1) The responsible minister must amend"
(b) by adding after line 32 on page 24 the following:
"(2) The cooperation and consultation requirements of
subsections 38(2) and (2.1) and section 39 also apply to the
preparation of amendments to a recovery plan."
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
75, -- That Bill C-65, in Clause 46, be amended
(a) by replacing, in the French version, lines 24 to 26 on
page 25 with the following:
"(1.1) Cette activité ne peut faire l'objet d'un accord ou
d'un permis que s'il s'agit:
a) soit de recherches scientifiques"
(b) by replacing, in the French version, lines 29 and 30 on
page 25 with the following:
"b) soit d'une activité qui profite à l'espèce ou qui est
nécessaire pour"
(c) by replacing, in the French version, line 33 on page 25
with the following:
"c) soit d'une activité légale qui ne cause"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
79, -- That Bill C-65, in Clause 46, be amended by replacing
lines 7 and 8 on page 26 with the following:
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
80, -- That Bill C-65, in Clause 47, be amended by replacing
line 44 on page 26 with the following:
"ments of subsections 46(2) and (3) are"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
110, -- That Bill C-65, in Clause 80, be amended
(a) by replacing line 12 on page 40 with the following:
"80. (1) No person may be found guilty of an"
(b) by adding after line 15 on page 40 the following:
"(2) In a prosecution for an offence under section 31 or 32,
a person is deemed to have exercised all due diligence if
the person lawfully engaged in an activity that they had no
reason to believe was likely to affect the individual or
residence concerned."
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
111, -- That Bill C-65, in Clause 101, be amended by replacing,
in the English version, line 20 on page 50 with the
following:
"report must include a summary addressing the following
matters:"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
115, -- That Bill C-65 be amended by deleting Clause 105.
The question was put on Motion No. 5 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 18, 20, 32 and 51 was deferred.
The question was put on Motion No. 8 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 9 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 10 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 12 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 13 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 14 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 31, 75, 79, 80 and 111, was
deferred.
The question was put on Motion No. 22 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 46 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 47 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 61 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 67 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motion No. 69, was deferred.
The question was put on Motion No. 70 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 110 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 115 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
Group No. 4
Mr. Adams (Peterborough), seconded by Mr. Caccia
(Davenport), moved Motion No. 28, -- That Bill C-65, in Clause
13, be amended by replacing lines 24 to 31 on page 10 with
the following:
``(2) COSEWIC is to be composed of not more than nine members
appointed by the Minister after consulting the Council. The
Minister may also consult the Royal Society of Canada and
other expert bodies, including those possessing traditional
or community knowledge.''
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 30, -- That Bill C-65, in Clause 13, be
amended by replacing line 26 on page 10 with the following:
``Minister with the approval of the Council. The''
Mr. Adams (Peterborough), seconded by Mr. Caccia
(Davenport), moved Motion No. 33, -- That Bill C-65, in Clause
18, be amended by adding after line 35 on page 12 the
following:
``(3) If the wildlife species is found on land that is
subject to an aboriginal land claims agreement, the
designation must be made in accordance with any applicable
provisions of the agreement.''
Mr. Adams (Peterborough), seconded by Mr. Caccia
(Davenport), moved Motion No. 53, -- That Bill C-65, in Clause
38, be amended by replacing lines 26 and 27 on page 21 with
the following:
``pared or amended in accordance with any applicable
provisions of the agreement.''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
71, -- That Bill C-65, in Clause 45, be amended
(a) by replacing lines 41 to 44 on page 24 and lines 1 to 5
on page 25 with the following:
(b) by replacing lines 13 and 14 on page 25 with the
following:
"(4) Subsections 38(2), (2.1) and (6) and sections 39, 43,
44 and 44.1 apply to the develop-"
Mr. Adams (Peterborough), seconded by Mr. Caccia
(Davenport), moved Motion No. 72, -- That Bill C-65, in Clause
45, be amended by replacing lines 4 and 5 on page 25 with
the following:
``prepared or amended in accordance with any applicable
provisions of the agreement.''
Mr. Adams (Peterborough), seconded by Mr. Caccia
(Davenport), moved Motion No. 76, -- That Bill C-65, in Clause
46, be amended by replacing lines 37 to 42 on page 25 with
the following:
``(1.2) If the species, its residences or any other part of
its critical habitat is found on land that is subject to an
aboriginal land claims agreement, the permit must be issued
or amended, or the agreement must be made or amended, in
accordance with any applicable provisions of the aboriginal
land claims agreement.''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
77, -- That Bill C-65, in Clause 46, be amended by replacing
lines 39 to 42 on page 25 with the following:
"under an aboriginal land claims agreement before issuing a
permit or making an agreement concerning a species found in
an area that is governed by the agreement."
Mr. Adams (Peterborough), seconded by Mr. Caccia
(Davenport), moved Motion No. 78, -- That Bill C-65, in Clause
46, be amended by adding after line 42 on page 25 the
following:
``(1.3) If the species, its residences or any other part of
its critical habitat is found on land that is subject to an
aboriginal land claims agreement, the permit must be issued
or amended, or the agreement must be made or amended, in
accordance with any applicable provisions of the aboriginal
land claims agreement.''
Mr. Adams (Peterborough), seconded by Mr. Caccia
(Davenport), moved Motion No. 112, -- That Bill C-65, in Clause
103.1, be amended by
(a) adding after line 31 on page 51 the following:
``(1.1) If the wildlife species is found on land that is
subject to an aboriginal land claims agreement, the
designation must be made in accordance with any applicable
provisions of the agreement.''
(b) adding after line 35 on page 51 the following:
``(2.1) Subsection (2) shall not apply to wildlife species
found on land that is subject to an aboriginal land claims
agreement, unless the applicable provisions of the agreement
have been met.''
The question was put on Motion No. 28 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 33 and, pursuant to
Standing Order 76(8), the recorded division, which also
applies to Motions Nos. 53, 76 and 112 was deferred.
The question was put on Motion No. 71 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
Group No. 5
Mr. Caccia (Davenport), seconded by Mr. Adams
(Peterborough), moved Motion No. 36, -- That Bill C-65, in
Clause 30, be amended by replacing lines 20 to 31 on page 15
with the following:
``30. (1) The Governor in Council shall, on the
recommendation of the Minister, not later than 90 days after
COSEWIC designates a wildlife species, changes its
classification or revokes a designation,
(a) make regulations establishing or amending the List of
Wildlife Species at Risk accordingly; and
(b) give notice in the public registry of the establishment
or amendment of the List.''
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Riis (Kamloops), moved Motion No. 37, -- That Bill C-65, in
Clause 30, be amended by replacing lines 20 to 40 on page 15
with the following:
``30. (1) The Minister shall make regulations establishing
the List of Wildlife Species at Risk.
(2) The Minister shall, in establishing the List under
subsection (1), include on the List all of COSEWIC's
designations and classifications of wildlife species. The
Minister may also include a wildlife species on the List if
a provincial minister designates it as a species at risk.
(3) Within 60 days after COSEWIC designates a wildlife
species, changes its classification or revokes a
designation, the Minister shall amend the List accordingly.
The Minister may also amend the List to include a wildlife
species if a provincial minister designates it as a species
at risk.
(4) The List established under subsection (1) or amended
under subsection (3) must be included in the public
registry.''
Mrs. Guay (Laurentides), seconded by Mr. Bernier (Gaspé),
moved Motion No. 38, -- That Bill C-65, in Clause 30, be
amended by replacing line 21 on page 15 with the following:
``recommendation of the Minister and the Council, may make''
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Riis (Kamloops), moved Motion No. 40, -- That Bill C-65, in
Clause 31, be amended by replacing line 1 on page 16 with
the following:
``31. (1) No person shall kill, harm, harass, disturb,''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
41, -- That Bill C-65, in Clause 31, be amended by striking out
line 4 on page 16.
Mr. Forseth (New Westminster -- Burnaby), seconded by Mr.
Strahl (Fraser Valley East), moved Motion No. 42, -- That Bill
C-65, in Clause 32, be amended by replacing line 9 on page
16 with the following:
``32. No person shall knowingly damage or destroy the''
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
43, -- That Bill C-65, in Clause 32, be amended by replacing
lines 10 to 12 on page 16 with the following:
"residence of one or more individuals of a listed
extirpated, endangered or threatened species."
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
48, -- That Bill C-65, in Clause 36, be amended
(a) by replacing line 20 on page 19 with the following:
"section 42 or 45.1 and emergency orders do not apply"
(b) by replacing line 38 on page 19 with the following:
"33, 34, 42 or 45.1 only if the person exercising the"
(c) by replacing lines 5 and 6 on page 20 with the
following:
"recovery plan and also authorized under any Act of
Parliament, including a regulation made under section 42 or
45.1."
(d) by replacing line 10 on page 20 with the following:
"extirpated, endangered or threatened species, or any part"
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
73, -- That Bill C-65 be amended by adding after line 17 on
page 25 the following:
"45.1 (1) A responsible minister may make regulations for
the purpose of implementing measures included in the
management plan, including regulations prohibiting
activities that adversely affect a species' critical
habitat.
(2) The regulations may incorporate by reference any
legislation of a province, as amended from time to time, in
so far as the regulations apply in that province. They may
also incorporate by reference other documents as amended
from time to time."
Mr. Marchi (Minister of the Environment), seconded by Mrs.
Stewart (Minister of National Revenue), moved Motion No.
113, -- That Bill C-65, in Clause 103.1, be amended
(a) by replacing lines 33 to 38 on page 51 with the
following:
"wildlife species within the required time, COSEWIC is
deemed to have designated and classified the species as
indicated in Schedule 1 or 2.
(3) Subject to subsection (4) and sections 3.1 and 3.2,
sections 31 and 32 apply in relation to each wildlife
species mentioned in Schedule 1 and the residences of
individuals of the species until one of the following events
first"
(b) by adding after line 2 on page 52, the following:
"(4) The Governor in Council may, on the recommendation of
the Minister, make regulations excluding any wildlife
species and the residences of individuals of the species
from the application of subsection (3).
(5) Despite section 107, subsections (3) and (4) may not
come into force earlier than 150 days after this Act is
assented to."
The question was put on Motion No. 36 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 40 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 41 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 42 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 48 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 73 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
The question was put on Motion No. 113 and, pursuant to
Standing Order 76(8), the recorded division was deferred.
Pursuant to Standing Order 76(8), the House proceeded to the taking of the
deferred recorded divisions at report stage and second reading of Bill
C-65, An Act respecting the protection of wildlife species in Canada from
extirpation or extinction, as reported by the Standing Committee on
Environment and Sustainable Development with amendments.
Pursuant to Order made earlier today, the recorded
divisions were further deferred until Monday, April 28,
1997, at the ordinary hour of daily adjournment.
PRIVATE MEMBERS' BUSINESS
At 5:30 p.m., pursuant to Standing Order 30(6), the House
proceeded to the consideration of Private Members' Business.
The Order was read for the second reading and reference
to the Standing Committee on Industry of Bill C-375, An Act
to amend the Agreement on Internal Trade Implementation Act.
Mr. Benoit (Vegreville), seconded by Mr. Epp (Elk
Island), moved, -- That the Bill be now read a second time and
referred to the Standing Committee on Industry.
Debate arose thereon.
Pursuant to Standing Order 96(1), the Order was dropped
from the Order Paper.
MESSAGES FROM THE SENATE
Messages were received from the Senate as follows:
-- ORDERED: That a Message be sent to the House of Commons
to acquaint that House that the Senate has passed Bill C-17,
An Act to amend the Criminal Code and certain other Acts,
without amendment.
-- ORDERED: That a Message be sent to the House of Commons
to acquaint that House that the Senate has passed Bill C-34,
An Act to establish programs for the marketing of
agricultural products, to repeal the Agricultural Products
Board Act, the Agricultural Products Cooperative Marketing
Act, the Advance Payments for Crops Act and the Prairie
Grain Advance Payments Act and to make consequential
amendments to other Acts, without amendment.
-- ORDERED: That a Message be sent to the House of Commons
to acquaint that House that the Senate has passed Bill C-38,
An Act to provide for mediation between insolvent farmers
and their creditors, to amend the Agriculture and Agri-Food
Administrative Monetary Penalties Act and to repeal the Farm
Debt Review Act, without amendment.
-- ORDERED: That a Message be sent to the House of Commons
to acquaint that House that the Senate has passed Bill C-77,
An Act concerning an order under the International
Development (Financial Institutions) Assistance Act, without
amendment.
-- ORDERED: That a Message be sent to the House of Commons
to acquaint that House that the Senate has passed Bill C-84,
An Act to amend the Citizenship Act and the Immigration Act,
without amendment.
-- ORDERED: That a Message be sent to the House of Commons
to acquaint that House that the Senate has passed Bill C-95,
An Act to amend the Criminal Code (criminal organizations)
and to amend other Acts in consequence, without amendment.
-- ORDERED: That a Message be sent to the House of Commons
to acquaint that House that the Senate has passed Bill C-32,
An Act to amend the Copyright Act, without amendment.
RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 32(1), a paper deposited
with the Clerk of the House was laid upon the Table as
follows:
-- by Mr. Anderson (Minister of Transport) -- Report of VIA
Rail Canada Inc, together with the Auditor General's report,
for the year 1996, pursuant to the Financial Administration
Act, R. S. 1985, c. F-11, sbs. 150(1). -- Sessional Paper No.
8560-352-128A. (Pursuant to Standing Order 32(5),
permanently referred to the Standing Committee on Transport)
-- by Ms. Copps (Minister of Canadian Heritage) -- Order in
Council No P. C. 1997-629, dated April 22, 1997, Order
Amending the Direction to the CRTC (ineligibilty to hold
broadcasting licences), pursuant to the Broadcasting Act, S.
C. 1991, c. 11, sbs. 26(3). -- Sessional Paper No. 8560-352-
286B. (Pursuant to Standing Order 32(5), permanently
referred to the Standing Committee on Canadian Heritage)
-- by Mr. Eggleton (Minister for International Trade) --
Reports of the Northern Pipeline Agency for the fiscal year
ended March 31, 1997, pursuant to the Access to Information
Act and the Privacy Act, R. S. 1985, c. A-1 and P-21, sbss.
72(2). -- Sessional Paper No. 8561-352-720A. (Pursuant to
Standing Order 32(5), permanently referred to the Standing
Committee on Justice and Legal Affairs)
-- by Mrs. Marleau (Minister of Public Works and Government
Services) -- Report of the Canada Mortgage and Housing
Corporation, together with the Auditors' report, for the
year ended December 31, 1996, pursuant to the Financial
Administration Act, R. S. 1985, c. F-11, sbs. 150(1). --
Sessional Paper No. 8560-352-108A. (Pursuant to Standing
Order 32(5), permanently referred to the Standing Committee
on Government Operations)
PETITIONS FILED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 36, petitions certified
correct by the Clerk of Petitions were filed as follows:
-- by Mr. Discepola (Vaudreuil), one concerning the highway system (No. 352-
2334);
-- by Mrs. Barnes (London West), one concerning taxes on books (No. 352-2335);
-- by Mr. Godfrey (Don Valley West), one concerning taxes on books (No. 352-
2336);
-- by Mr. Cullen (Etobicoke North), one concerning housing policies (No. 352-
2337);
-- by Ms. Beaumier (Brampton), one concerning sexual abuse of children (No.
352-2338);
-- by Mr. Proud (Hillsborough), one concerning the bridge linking Prince Edward
Island to the mainland (No. 352-2339).
ADJOURNMENT
At 6:31 p.m., the Speaker adjourned the House until
tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).