Proceedings of the Standing Senate Committee on 
Fisheries and Oceans

Issue No. 39 - Minutes of Proceedings - March 21, 2019

OTTAWA, Thursday, March 21, 2019
(81)

[English]

The Standing Senate Committee on Fisheries and Oceans met this day at 8:06 a.m., in room B30, Senate of Canada Building, the chair, the Honourable Fabian Manning, presiding.

Members of the committee present: The Honourable Senators Anderson, Bovey, Campbell, Christmas, Francis, Gold, Manning, McInnis, Patterson, Petitclerc and Poirier (11).

In attendance: Daniele Lafrance, Analyst, Parliamentary Information and Research Services, Library of Parliament and Ben Silverman, Communications Officer, Senate Communications Directorate.

Also present: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Tuesday, December 11, 2018, the committee continued its consideration of Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act. (For complete text of the order of reference, see proceedings of the committee, Issue No. 36.)

WITNESSES:

Fisheries and Oceans Canada:

Jeff MacDonald, Director General, Oceans and Fisheries Policy;

Josée-Annie Verville, Chief, Enforcement Policy.

Natural Resources Canada:

Candace Newman, Senior Policy Analyst, Offshore Petroleum Management Division, Energy Sector;

Danny Wright, Subdivision Chief, Environmental Earth Sciences, Geological Survey of Canada, Lands and Minerals Sector.

The chair made a statement.

Mr. MacDonald answered questions from time to time.

It was agreed that the committee continue clause-by-clause consideration of Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act.

Resuming debate on the motion of the Honourable Senator Patterson:

That Bill C-55 be amended in clause 5, on page 4, by adding the following after line 32:

"35.11 (1) Before an order may be made under subsection 35.1(2), the Minister shall

(a) cause the proposed order to be posted on the Minister's website, accompanied by a notice that invites the public to provide comments during a period, to be set "by the Minister, of at least 60 days, beginning on the day after the day on which the proposed order is posted;

(b) ensure that the public is provided with an opportunity to participate meaningfully in informing the Minister's consideration of the proposed order within the period set under paragraph (a);

(c) provide written notice of the proposed order to every jurisdiction whose lands or interests may be affected by the order and consult and cooperate with every such jurisdiction that requests a consultation no later than 30 days after the day on which it received the notice; and

(d) prepare and post on the Minister's website a report that

(i) summarizes the comments received under paragraph (a),

(ii) describes how the public was provided an opportunity for meaningful participation as required under paragraph (b),

(iii) lists the requests received for consultation under paragraph (c), and

(iv) summarizes the consultations that occurred under paragraph (c).

(2) For the purposes of paragraph (1)(c), jurisdiction means

(a) the government of a province;

(b) any agency or body that is established under an Act of the legislature of a province and that has powers, duties or functions in relation to the environment;

(c) any body — including a co-management body — that is established under a land claim agreement referred to in section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to the environment; or

(d) any council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and that has powers, duties or functions in relation to the environment

(i) under a land claim agreement referred to in section 35 of the Constitution Act, 1982, or

(ii) under an Act of Parliament or an Act of the legislature of a province, including a law that implements a self-government agreement.

(3) For greater certainty, the requirement set out in paragraph (l)(c) to consult and cooperate with a jurisdiction includes, when appropriate, a duty to accommodate if the jurisdiction is a body or entity referred to in paragraph (2)(c) or (d).''.

After debate, the question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Anderson, Campbell, Christmas, Francis, Manning, McInnis, Patterson, Petitclerc, Poirier — 9

NAYS

NIL

ABSTENTIONS

The Honourable Senators

Bovey, Gold — 2

The Honourable Senator McInnis moved:

That Bill C-55 be amended, in clause 5, on page 4, by adding the following after line 32:

"(4) Despite section 35.2, no order may be made under subsection (2) unless the Minister

(a) is able to delineate the exact geographical location of the proposed marine protected area and make a precise determination of any habitat or species requiring protection in that area; and

(b) posts a report of the information referred to in paragraph (a) on the departmental website.''.

At 9:55 a.m., after debate, the committee adjourned to the call of the chair.

ATTEST:

Chantal Cardinal
Clerk of the Committee