Proceedings of the Standing Senate Committee on
Foreign Affairs
Issue 21 - Minutes of Proceedings
OTTAWA, Tuesday, December 11, 2001
(26)
[English]
The Standing Senate Committee on Foreign Affairs metat 6:15 p.m. this day in room 160-S Centre Block, the Chair, the Honourable Peter Stollery, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Austin, P.C., Bolduc, Carney, P.C., Corbin, Day,De Bané P.C., Di Nino, Graham, P.C., Kenny, Murray, P.C., Robichaud, P.C., Setlakwe and Stollery (14).
Other senators present: The Honourable SenatorsFinestone, P.C., Prud'homme, P.C. and Spivak (3).
In attendance: From the Research Branch of the Library of Parliament, Peter Berg and John Wright.
Also in attendance: The official reporters of the Senate.
The committee resumed consideration of its Order of Reference pertaining to its study of Bill C-6 (See committee proceeding of November 27, 2001, Issue 18).
It was agreed - That the committee complete clause-by-clause consideration of Bill C-6.
It was agreed - That the Title stand.
It was agreed - That Clause 1 stand.
It was moved by the Honourable Senator Carney, P.C. -That Bill C-6 be amended in clause 1, on page 1, by adding after line 14 the following:
" "removal of boundary waters in bulk" means the removal of water from boundary waters and taking it outside the water basin in which the boundary waters are locatedAfter debate,(a) by means of any natural or artificial diversion, such as a pipeline, canal, tunnel, aqueduct or channel; or(b) by any other means by which more than 50,000 L of boundary waters are taken outside the water basin per day.".
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Senators Andreychuk, Carney, P.C., Di Nino, Murray, P.C. (4).
NAYS: Senators Stollery, Austin P.C., Corbin, Day, De Bané, P.C., Graham, P.C., Kenny, Setlakwe (8).
ABSTENTION: (0).
Therefore, the motion in amendment was defeated.
It was agreed - That Clause 1 stand.
It was moved by the Honourable Senator Murray, P.C., -That Bill C-6 be amended in clause 1, on page 1, by replacing lines 24 and 25 with the following:
"sanitary purposes"After debate,
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Senators Andreychuk, Carney, P.C., Di Nino, Murray, P.C. (4).
NAYS: Senators Stollery, Austin, P.C., Corbin, Day, De Bané, P.C., Graham, P.C., Kenny, Setlakwe (8).
ABSTENTION: (0).
Therefore, the motion in amendment was defeated.
It was agreed - That Clause 1 stand.
It was moved by the Honourable Senator Murray, P.C., -That Bill C-6 be amended in clause 1, on page 2,
(a) by replacing line 1 with the following:After debate,"12. Except in accordance with a licence,"; and(b) by deleting lines 11 and 12.
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Senators Andreychuk, Carney, P.C., Di Nino, Murray, P.C. (4).
NAYS: Senators Stollery, Austin, P.C., Corbin, Day, De Bané, P.C., Graham, P.C., Kenny, Setlakwe (8).
ABSTENTION: (0).
Therefore, the motion in amendment was defeated.
It was agreed - That Clause 1 stand.
It was moved by the Honourable Senator Carney P.C., -That Bill C-6 be amended in clause 1, on page 2,
(a) by replacing lines 14 to 17 with the following:After debate,"use or divert boundary waters by the removal of boundary waters in bulk.";(b) by replacing lines 18 to 26 with the following:"(2) For the purpose of subsection (1) and the application of the treaty, the removal of boundary waters in bulk is deemed, given the cumulative effect of removals of boundary waters outside their water basins, to affect the natural level or flow of the boundary waters on the other side of the international boundary and to have a negative environmental impact.".
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Senators Andreychuk, Carney, P.C., Di Nino, Murray, P.C. (4).
NAYS: Senators Stollery, Austin, P.C., Corbin, Day, De Bané, P.C., Graham, P.C., Kenny, Setlakwe (8).
ABSTENTION: (0).
Therefore, the motion in amendment was defeated.
It was agreed - That Clause 1 stand.
It was moved by the Honourable Senator Bolduc, -That Bill C-6 be amended in clause 1, on page 2, by replacing lines 27 and 28 with the following:
"(3) Subsection (1) applies only in respect of the portion of the following water basins that is located in Canada:After debate,(a) Great Lakes - St. Lawrence Basin, being composed of the area of land that drains into the Great Lakes or the St. Lawrence River;(b) Hudson Bay Basin, being composed of the area of land that drains into Hudson Bay; and
(c) St. John - St. Croix Basin, being composed of the area of land that drains into the St. John River or the St. Croix River."
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Senators Andreychuk, Bolduc, Carney, P.C., Murray, P.C. (4).
NAYS: Senators Stollery, Austin, P.C., Corbin, Day, De Bané, P.C., Graham, P.C., Kenny, Setlakwe (8).
ABSTENTION: (0).
Therefore, the motion in amendment was defeated.
It was agreed - That Clause 1 stand.
It was moved by the Honourable Senator Andreychuk, -That Bill C-6 be amended in clause 1, on page 2, by replacing lines 29 and 30 with the following:
"(4) Subsection (1) does not apply to boundary waters usedAfter debate,(a) as ballast in a vehicle, vessel or aircraft, for the operation of the vehicle, vessel or aircraft, or for people, animals or products on the vehicle, vessel or aircraft; or(b) for firefighting or humanitarian purposes in short-term situations in a non-commercial project.".
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Senators Andreychuk, Bolduc, Carney, P.C., Murray, P.C. (4).
NAYS: Senators Stollery, Austin, P.C., Corbin, Day, De Bané, P.C., Graham, P.C., Kenny, Setlakwe (8).
ABSTENTION: (0).
Therefore, the motion in amendment was defeated.
It was agreed - That Clause 1 stand.
It was moved by the Honourable Senator Carney, P.C., - That Bill C-6 be amended in clause 1, on page 4,
(a) by deleting lines 13 to 22; and
(b) by renumbering paragraphs 21 (1)(e) to (m) as paragraphs 21 (1) (a) to (i), and any cross references thereto accordingly.After debate,
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Andreychuk, Bolduc, Carney, P.C., Murray, P.C. (4).
NAYS: Stollery, Austin, P.C., Corbin, Day, De Bané, P.C., Graham, P.C., Kenny, Setlakwe (8).
ABSTENTION: (0).
Therefore, the motion in amendment was defeated.
It was agreed - That Clause 1 stand.
It was moved by the Honourable Senator Murray, P.C., -That Bill C-6 be amended in clause 1, on page 5, by adding after line 12 the following:
"(3) The Governor in Council may only make a regulation under subsection (1) where the Minister has caused the proposed regulation to be laid on the same day before each House of Parliament andAfter debate,(a) both Houses of Parliament have adopted resolutions authorizing the making of the regulation, or(4) For the purposes of paragraph (3) (b), "sitting day" means a day on which either House of Parliament sits."(b) neither House, within thirty sitting days after the proposed regulation has been laid, has adopted a resolution objecting to the making of the regulation.
The question being put on the motion in amendment, the committee divided and the names being called, they were taken down as follows:
YEAS: Andreychuk, Bolduc, Carney, P.C., Murray, P.C. (4).
NAYS: Stollery, Austin, P.C., Corbin, Day, De Bané, P.C., Graham, P.C., Kenny, Setlakwe (8).
ABSTENTION: (0).
Therefore, the motion in amendment was defeated.
It was agreed, on division, - That clause 1 carry.
It was agreed, on division, - That clause 2 carry.
It was agreed, on division, - That the title carry.
It was agreed, on division, - That this bill be adopted without amendment.
It was agreed, on division, - That the Chair report to the Senate that Bill C-6, An Act to amend the International Boundary Waters Treaty Act, has been adopted without amendment.
At 7:40 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Line Gravel
Clerk of the Committee