Amendments to Bill C-38

On Saturday, June 9th, 2012 in Legislative Amendments
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Motion No. 6 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 7, be amended by replacing lines 1 to 5 on page 7 with the following:

““political activity” means the making of a gift by a donor to a qualified donee for the purpose of allowing the donor to maintain a level of funding of political activities that is less than 10% of its income for a taxation year by delegating the carrying out of political activities to the qualified donee;”

Motion No. 7 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 7, be amended by replacing line 5 on page 8 with the following:

“interest, being any activity that contributes to the social or cultural lives of Canadians or that contributes to Canada’s economic or ecological well-being.”

Motion No. 25 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by adding after line 8 on page 31 the following:

“Whereas the Government of Canada seeks to achieve sustainable development by conserving and enhancing environmental quality and by encouraging and promoting economic development that conserves and enhances environmental quality;

Whereas environmental assessment provides an effective means of integrating environmental factors into planning and decision-making processes in a manner that promotes sustainable development;

Whereas the Government of Canada is committed to exercising leadership, within Canada and internationally, in anticipating and preventing the degradation of environmental quality and, at the same time, in ensuring that economic development is compatible with the high value Canadians place on environmental quality;

Whereas the Government of Canada seeks to avoid duplication or unnecessary delays;

And whereas the Government of Canada is committed to facilitating public participation in the environmental assessment of projects to be carried out by or with the approval or assistance of the Government of Canada and to providing access to the information on which those environmental assessments are based;

Motion No. 26 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by adding after line 22 on page 31 the following:

““comprehensive study” means an environmental assessment of a designated project that is conducted under section 12, and that includes a consideration of the factors required to be considered under section 19.”

Motion No. 27 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 28 on page 31 to line 2 on page 32 with the following:

“paragraph 84(a) or that are set out in Schedule 2. ”

Motion No. 28 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 14 to 17 on page 32 with the following:

““environmental assessment” means, in respect of a project, an assessment of the environmental effects of the project that is conducted in accordance with this Act and the regulations.”

Motion No. 29 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by adding after line 19 on page 32 the following:

““exclusion list” means a list of projects or classes of projects that have been exempted from the requirement to conduct an assessment by regulations made under paragraph 83(f.1) or (f.2).”

Motion No. 30 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 32 on page 33 with the following:

“mental assessment of a project;”

Motion No. 31 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 36 on page 33 with the following:

““interested party”, with respect to a”

Motion No. 32 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 5 on page 34 with the following:

“project;”

Motion No. 33 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 11 on page 34 with the following:

“tal effects of a project;”

Motion No. 34 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 17 on page 34 with the following:

“project;”

Motion No. 35 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 22 on page 34 with the following:

“environmental effects of a project;”

Motion No. 36 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 32 on page 34 with the following:

“environmental effects of a project,”

Motion No. 37 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 44 on page 34 with the following:

“carrying out of a project.”

Motion No. 38 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 12 and 13 on page 35 with the following:

“is referred to in section 16 with respect to a project that is subject to an environ-”

Motion No. 39 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by adding after line 19 on page 35 the following:

““screening” means an environmental assessment that is conducted pursuant to section 9 and that includes a consideration of the factors set out in subsection 19(1).”

Motion No. 40 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 25 on page 35 with the following:

“with respect to a project, that a”

Motion No. 41 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 25 to 29 on page 35 with the following:

“with respect to a project, that a group or individual is an interested party if, in its opinion, the group or individual, including those who use adjacent land for recreational, cultural or hunting purposes, is directly — or could potentially be indirectly — affected by the carrying out of the project, or if, in its opinion, the group or individual has relevant information or expertise:”

Motion No. 42 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 30 on page 35 with the following:

“(a) in the case of a project for”

Motion No. 43 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 34 on page 35 with the following:

“(b) in the case of a project in”

Motion No. 44 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 1 to 5 on page 36 with the following:

“(a) to protect the environment from any significant adverse environmental effects caused by a project;”

Motion No. 45 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by deleting lines 6 to 13 on page 36.

Motion No. 46 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 17 on page 36 with the following:

“assessments processes for projects;”

Motion No. 47 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 18 to 20 on page 36 with the following:

“(d) to promote communication, cooperation and consensus between responsible authorities and, fully respecting the fiduciary duties of the Crown and the inherent rights of aboriginal peoples, aboriginal peoples with respect to environmental assessments;”

Motion No. 48 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 22 and 23 on page 36 with the following:

“for timely and meaningful public participation during an environmental assessment process;”

Motion No. 49 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 28 to 33 on page 36 with the following:

“federal lands in Canada, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to ensure that such projects do not cause significant adverse environmental effects;”

Motion No. 50 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 34 on page 36 with the following:

“(h) to ensure that federal authorities take”

Motion No. 51 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 38 to 41 on page 36 with the following:

“(i) to ensure that federal authorities possess sufficient regulatory power, and oversight and monitoring capacity, to study and respond to the cumulative environmental effects of physical activities in a region and to guarantee the inclusion and consideration of those study results in environmental assessments.”

Motion No. 52 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 8 on page 37 to line 27 on page 38 with the following:

“environmental effects — within or outside Canada — that are to be taken into account in relation to an act or thing, a physical activity, a designated project or a project are

(a) any impact that may be caused on biological, ecological, hydrological or chemical systems or other systems of the environment, including any change that may be caused to a listed wildlife species, its critical habitat or the residences of individuals of that species, as those terms are defined in subsection 2(1) of the Species at Risk Act;

(b) any effect of any change referred to in paragraph (a) on

(i) health and socio-economic conditions,

(ii) physical and cultural heritage,

(iii) the current use of lands and resources for traditional purposes by aboriginal persons, or

(iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance; and

(c) any change to the project that may be caused by the environment.”

Motion No. 53 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 28 on page 38 to line 9 on page 39 with the following:

“6. The proponent of a project that is required to undergo an environmental assessment under this Act must not do any act or thing in connection with the carrying out of the project, in whole or in part, if that act or thing may cause an environmental effect referred to in subsection 5(1) unless the proponent complies with the conditions included in the decision statement that is issued to the proponent under subsection 31(3) or section 54 with respect to that project.”

Motion No. 54 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 13 to 24 on page 39 with the following:

“than this Act that would permit a project that is required to undergo an environmental assessment under this Act to be carried out in whole or in part unless the decision statement with respect to the project that is issued under subsection 31(3) or section 54 to the proponent of the project indicates that the project is not likely to cause”

Motion No. 55 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing the heading before line 29 and lines 29 to 45 on page 39 with the following:

“ENVIRONMENTAL ASSESSMENT REQUIRED

8. (1) An environmental assessment of a project is required before a federal authority exercises one of the following powers or performs one of the following duties or functions in respect of a project, namely, where a federal authority

(a) is the proponent of the project and does any act or thing that commits the federal authority to carrying out the project in whole or in part;

(b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part, except where the financial assistance is in the form of any reduction, avoidance, deferral, removal, refund, remission or other form of relief from the payment of any tax, duty or impost imposed under any Act of Parliament, unless that financial assistance is provided for the purpose of enabling an individual project specifically named in the Act, regulation or order that provides the relief to be carried out;

(c) has the administration of federal lands and sells, leases or otherwise disposes of those lands or any interests in those lands, or transfers the administration and control of those lands or interests to Her Majesty in right of a province, for the purpose of enabling the project to be carried out in whole or in part; or

(d) under a provision prescribed pursuant to paragraph 83(f.3), issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part.

(2) Despite any other provision of this Act,

(a) an environmental assessment of a project is required before the Governor in Council, under a provision prescribed pursuant to regulations made under paragraph 83(f.4), issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; and

(b) the federal authority that, directly or through a Minister of the Crown in right of Canada, recommends that the Governor in Council take an action referred to in paragraph (a) in relation to that project

(i) must ensure that an environmental assessment of the project is conducted as early as is practicable in the planning stages of the project and before irrevocable decisions are made,

(ii) is, for the purposes of this Act and the regulations, except subsection 16(2) and sections 11 and and 52 or 53, the responsible authority in relation to the project,

(iii) must consider the applicable reports and comments referred to in sections 11, 52 and 53, and

(iv) where applicable, must perform the duties of the responsible authority in relation to the project under section 38 as if it were the responsible authority in relation to the project for the purposes of paragraphs 11(1)(a) and sections 52 and 53.

8.1 Despite any other provision of this Act, no confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies must be disclosed or made available to any person.”

Motion No. 56 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 1 to 13 on page 40 with the following:

“EXCLUDED PROJECTS

8.2 (1) An assessment of a project is not required under section 8 or sections 8.3 to 8.7, when

(a) the project is described in an exclusion list;

(b) the project is to be carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or

(c) the project is to be carried out in response to an emergency and carrying out the project forthwith is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

(2) For greater certainty, an assessment is not required under any of the provisions referred to in this subsection where a federal authority exercises a power or performs a duty or function referred to in paragraph 8(1)(b), 8.4(2)(b) or 8.7(2)(b) — or a person or body exercises a power or performs a duty or function referred to in paragraph 8(1)(b), 8.5(2)(b) or 8.6(1)(b) — in relation to a project and the essential details of the project are not specified before or at the time the power is exercised or the duty or function is performed.

8.3 (1) A Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, that is not a federal authority shall, if regulations have been made in relation to it under paragraph 83(f.5) and have come into force, ensure that, before it exercises a power or performs a duty or function referred to in any of paragraphs 8(1)(a) to (d) in relation to a project, an environmental assessment of the project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

(2) Despite section 8, a Minister of the Crown in right of Canada is not required to ensure that an environmental assessment of a project is conducted by reason only of that minister’s authorization or approval under any other Act of Parliament or any regulations made under such an Act of the exercise of a power or performance of a duty or function referred to in paragraph 8(1)(a), (b) or (c) in relation to the project by a Crown corporation within the meaning of the Financial Administration Act.

(3) If a Crown corporation is the proponent of a project and proposes to do any act or thing that commits it to carrying out the project in whole or in part and a federal authority other than the Crown corporation is required under paragraph 8(1)(d) to ensure the conduct of an environmental assessment of that project, the Crown corporation is not required to ensure that an environmental assessment of the project is conducted.

8.4 (1) The Hamilton Harbour Commissioners as constituted pursuant to The Hamilton Harbour Commissioners’ Act, a harbour commission established pursuant to the Harbour Commissions Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act shall, if regulations have been made under section 83(f.6) and have come into force, ensure that an environmental assessment of a project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

(2) The environmental assessment of a project under this section must be conducted when

(a) a person or body referred to in subsection (1) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part;

(b) a person or body referred to in subsection (1) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part;

(c) a person or body referred to in subsection (1) sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part;

(d) under a provision prescribed under section 83(f.7), a person or body referred to in subsection (1) issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or

(e) in circumstances prescribed by regulations made under section 83(f.8), a project is to be carried out in whole or in part on federal lands over which a person or body referred to in subsection (1) has administration or management.”

Motion No. 57 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 14 to 31 on page 40 with the following:

“ 8.5 (1) If regulations have been made under paragraph 83(f.9) and have come into force, an authority prescribed by those regulations must ensure that an environmental assessment of a project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

(2) The environmental assessment of a project under this section must be conducted where

(a) the project is to be carried out on federal lands and the prescribed authority is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part;

(b) the project is to be carried out on federal lands and the prescribed authority makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part;

(c) the prescribed authority sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part;

(d) the prescribed authority, under a provision prescribed under paragraph 83(f.10), issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or

(e) in circumstances prescribed by regulations made under paragraph 83(f.11), a project is to be carried out in whole or in part on federal lands over which the prescribed authority has administration or management or any right or interest specified in those regulations.

8.6 (1) If a project is to be carried out in whole or in part on a reserve that has been set apart for the use and benefit of a band and that is subject to the Indian Act, the council of the band for whose use and benefit the reserve has been set apart must, if regulations that apply to the band have been made under paragraph 83(f.12) and have come into force, ensure that an environmental assessment of the project is conducted in accordance with those regulations before the band council exercises one of the following powers or performs one of the following duties or functions in respect of the project, namely, where the band council

(a) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part;

(b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent of the project for the purpose of enabling the project to be carried out in whole or in part, including financial assistance in the form of any reduction, avoidance, deferral, removal, refund, remission or other form of relief from the payment of any tax; or

(c) takes any action under a provision prescribed under paragraph 83(f.13) for the purpose of enabling the project to be carried out in whole or in part.

(2) Where an environmental assessment of a project is required under subsection (1), the band council must ensure that the assessment is conducted as early as is practicable in the planning stages of the project and before irrevocable decisions are made. ”

Motion No. 58 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 32 to 40 on page 40 with the following:

“8.7 (1) The Canadian International Development Agency must, if regulations have been made under paragraph 83(f.14) and have come into force, ensure that an environmental assessment of a project is conducted under this section in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

(2) An environmental assessment of a project under this section is required to be conducted when the Canadian International Development Agency

(a) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; or

(b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance for the purpose of enabling the project to be carried out in whole or in part.

(3) The application of subsection 8(1) to the Canadian International Development Agency is suspended while regulations referred to in subsection (1) are in force.”

Motion No. 59 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing the heading “ENVIRONMENTAL ASSESSMENT REQUIRED” before line 1 and lines 1 to 4 on page 41 with the following:

“SCREENING

9. (1) If a project is not described in the designated project list or the exclusion list made under paragraph 83(f.1), the responsible authority must ensure that

(a) a screening of the project is conducted; and

(b) a screening report is prepared.

(2) Any available information may be used in conducting the screening of a project, but if a responsible authority is of the opinion that the information available is not adequate to enable it to take a course of action pursuant to subsection 11(1), it must ensure that any studies and information that it considers necessary for that purpose are undertaken or collected.

(3) If the responsible authority is of the opinion that public participation in the screening of a project is appropriate in the circumstances — or if required by regulation — the responsible authority

(a) must, before providing the public with an opportunity to examine and comment on the screening report, include in the Internet site a description of the scope of the project, the factors to be taken into consideration in the screening and the scope of those factors or an indication of how such a description may be obtained;

(b) must give the public an opportunity to examine and comment on the screening report and on any record relating to the project that has been included in the Registry before taking a course of action under section 11 and must give adequate notice of that opportunity; and

(c) may, at any stage of the screening that it determines, give the public any other opportunity to participate.

(4) The responsible authority’s discretion under subsection (3) with respect to the timing of public participation is subject to a decision made by the federal environmental assessment coordinator under paragraph 16.6(c).”

Motion No. 60 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 5 on page 41 to line 2 on page 42 with the following:

“10. (1) Subject to subsection (3), the Agency may declare a report to be a class screening report if projects of the class described in the report are not likely, in the opinion of the Agency, to cause significant adverse environmental effects when the design standards and mitigation measures described in the class screening report are applied.

(2) The declaration must include a statement that the class screening report may be used as

(a) a replacement for the screening required by section 9, and the decision required by section 11, for projects of the class; or

(b) a model for streamlining the screening required by section 9 for projects of the class.

(3) The Agency must, before making a declaration pursuant to subsection (1),

(a) publish, in any manner it considers appropriate, a notice setting out the following information, namely,

(i) the date on which the draft report will be available to the public,

(ii) the place at which copies of it may be obtained, and

(iii) the deadline and address for filing comments on the appropriateness of its use as a replacement or model for screenings for projects of that class; and

(b) take into consideration any comments filed under subparagraph (a)(iii) and include in the Registry any comments filed by the public.

(4) Any declaration made pursuant to subsection (1) must be published in the Canada Gazette and, together with the report to which it relates or a description of how a copy of the report may be obtained, must be included in the Internet site.

(5) When a responsible authority is satisfied that a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(a) applies, no further action is required under section 9 or 11 with respect to the project, as long as the responsible authority ensures that the design standards and mitigation measures described in the report are implemented.

(6) When a responsible authority is satisfied that a project or part of a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(b) applies, the responsible authority may use or permit the use of that report and any screening on which it is based to whatever extent the responsible authority considers appropriate for the purpose of complying with section 9.

(7) When a responsible authority uses or permits the use of a class screening report to which paragraph (2)(b) applies, it must ensure that any adjustments are made to the report that are necessary to take into account local circumstances and any cumulative environmental effects that may result from the project in combination with other projects or activities that have been or will be carried out.

(8) When the Agency determines that a class screening report is no longer appropriate to be used as a replacement or model in conducting screenings of other projects within the same class, the Agency may declare the report not to be a class screening report.

(9) Any declaration made pursuant to subsection (8) must be published in the Canada Gazette and included in the Internet site.”

Motion No. 61 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing the heading “ENVIRONMENTAL ASSESSMENT OF DESIGNATED PROJECTS” before line 3 and lines 3 to 36 on page 42 with the following:

“11. (1) The responsible authority must take one of the following courses of action in respect of a project after taking into consideration the screening report and any comments filed pursuant to subsection 9(3):

(a) subject to subparagraph (c)(iii), if, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is not likely to cause significant adverse environmental effects, the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part;

(b) if, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances, the responsible authority must not exercise any power or perform any duty or function conferred on it by or under any Act of Parliament that would permit the project to be carried out in whole or in part; or

(c) if

(i) it is uncertain whether the project, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, is likely to cause significant adverse environmental effects,

(ii) the project, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, is likely to cause significant adverse environmental effects and paragraph (b) does not apply, or

(iii) public concerns warrant a reference to a review panel,

the responsible authority must refer the project to the Minister for a referral to a review panel in accordance with section 38.

(1.1) Mitigation measures that may be taken into account under subsection (1) by a responsible authority are not limited to measures within the legislative authority of Parliament and include

(a) any mitigation measures whose implementation the responsible authority can ensure; and

(b) any other mitigation measures that it is satisfied will be implemented by another person or body.

(2) When a responsible authority takes a course of action referred to in paragraph (1)(a), it must, with respect to any mitigation measures it has taken into account and that are described in paragraph (1.1)(a), ensure their implementation in any manner that it considers necessary and, in doing so, it is not limited to its duties or powers under any other Act of Parliament.

(2.1) A federal authority must provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed.

(3) If the responsible authority takes a course of action pursuant to paragraph (1)(b) in relation to a project, the responsible authority must publish a notice of that course of action in the Registry and, despite any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made under it must be exercised or performed that would permit that project to be carried out in whole or in part.

(4) A responsible authority must not take any course of action under subsection (1) before the 15th day after the inclusion on the Internet site of

(a) notice of the commencement of the environmental assessment;

(b) a description of the scope of the project; and

(c) if the responsible authority, in accordance with subsection 9(3), gives the public an opportunity to participate in the screening of a project, a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained.”

Motion No. 62 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by deleting lines 9 to 20 on page 43.

Motion No. 63 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by deleting lines 6 to 8 on page 45.

Motion No. 64 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 10 and 11 on page 45 with the following:

“project if it is referred to a review panel under section 38.”

Motion No. 65 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 13 to 17 on page 45 with the following:

“a project must ensure that

(a) a screening or comprehensive study of the project is conducted;

(b) a report is prepared with respect to that screening or comprehensive study; and

(c) where applicable, a follow-up program is designed and implemented.”

Motion No. 66 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 20 to 22 on page 45 with the following:

“project and preparing the report with respect to the environmental assessment of the project, use any information that is”

Motion No. 67 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 29 on page 45 with the following:

“environmental assessment of the”

Motion No. 68 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 6 to 9 on page 46 with the following:

“25. (1) The responsible authority must ensure that a draft report with respect to the environmental assessment of a project is prepared, and must ensure”

Motion No. 69 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 18 to 20 on page 46 with the following:

“received from the public, the responsible authority must finalize the report with respect to the environmental assessment of the project and”

Motion No. 70 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing line 23 on page 46 with the following:

“spect to a project may delegate to”

(b) by replacing lines 28 to 30 on page 46 with the following:

“project, the preparation of the report with respect to the environmental assessment of the project and any part of the design and implementation of a follow-up program, but must not”

Motion No. 71 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 42 and 43 on page 46 with the following:

“the project, must make decisions under subsection 11(1) or 52(1), as the case may be.”

Motion No. 72 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 1 on page 47 with the following:

“(2) The decisions must be made”

Motion No. 73 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 6 to 11 on page 47 with the following:

“(3) The time limit by extended by any further period — up to a maximum of three months — that is necessary to permit the responsible authority to cooperate with a jurisdiction referred to in section 16.3 with respect to the environmental assessment of the project or”

Motion No. 74 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 20 to 27 on page 47 with the following:

“(6) If, under subsection 23(2), the responsible authority requires the proponent of a project to collect information or undertake a study with respect to the project, then the period that is taken by the proponent, in the responsible authority’s opinion, to comply with the requirement is not included in the calculation of the time limit within which the decisions must be”

Motion No. 75 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 30 on page 47 with the following:

“carrying out of the project requires”

Motion No. 76 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by deleting line 34 on page 47 to line 6 on page 51.

Motion No. 77 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing lines 22 and 23 on page 51 with the following:

“assessing the environmental effects of projects that is followed by any jurisdic-”

(b) by replacing, in the English version, line 28 on page 51 with the following:

“project would be an appropriate”

Motion No. 78 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 33 and 34 on page 51 with the following:

“be given in respect of a project or a class of projects.”

Motion No. 79 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 39 to 43 on page 51 with the following:

“project in relation to which the environmental assessment has been referred”

Motion No. 80 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 6 and 7 on page 52 with the following:

“(b) the public will be given meaningful opportunities to participate in the assessment that are at least as extensive as those required in relation to an environmental assessment carried out under this Act;”

Motion No. 81 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by adding after line 10 on page 52 the following:

“(c.1) the process to be substituted provides for community knowledge and Aboriginal traditional knowledge to be taken into account;”

Motion No. 82 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 33 on page 52 with the following:

“project that is received by the”

Motion No. 83 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 38 on page 52 with the following:

“must make decisions under subsection 11(1) or 52(1).”

Motion No. 84 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by deleting line 39 on page 52 to line 25 on page 53.

Motion No. 85 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 26 to 31 on page 53 with the following:

“38. (1) Within 60 days after the notice of the commencement of the environmental assessment of a project is posted on the Internet site, the Minister may, if he or she is of the opinion that it is in the public interest, or must if a decision is made under subsection 11(1), refer the environ-”

Motion No. 86 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing line 35 on page 53 with the following:

“assessment of the project to a review”

(b) by replacing, in the English version, line 38 on page 53 with the following:

“(a) whether the project may cause”

(c) by replacing, in the English version, lines 2 and 3 on page 54 with the following:

“adverse environmental effects that the project may cause; and”

(d) by replacing, in the English version, line 7 on page 54 with the following:

“environmental effects of the”

Motion No. 87 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing, in the English version, line 10 on page 54 with the following:

“assessment of the project to a review”

(b) by replacing, in the English version, line 18 on page 54 with the following:

“of the project to the Minister; and”

(c) by replacing, in the English version, line 22 on page 54 with the following:

“project.”

Motion No. 88 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing, in the English version, line 28 on page 54 with the following:

“project to a review panel, and a”

(b) by replacing, in the English version, line 30 on page 54 with the following:

“establishes in relation to the project”

Motion No. 89 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by deleting lines 33 to 36 on page 54.

Motion No. 90 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing line 38 on page 54 with the following:

“mental assessment of a project to a”

(b) by replacing, in the English version, line 42 on page 54 with the following:

“require the proponent of the project”

Motion No. 91 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing line 5 on page 55 with the following:

“ronmental assessment of a project to”

(b) by replacing, in the English version, line 12 on page 55 with the following:

“of the project, respecting the joint”

(c) by replacing, in the English version, line 15 on page 55 with the following:

“project is to be conducted by that”

Motion No. 92 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing line 18 on page 55 with the following:

“mental assessment of a project to a”

(b) by replacing, in the English version, line 26 on page 55 with the following:

“project, respecting the joint establish-”

(c) by replacing, in the English version, line 28 on page 55 with the following:

“the environmental assessment of the”

Motion No. 93 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing line 30 on page 56 with the following:

“environmental assessment of a”

(b) by replacing, in the English version, line 35 on page 56 with the following:

“conflict of interest relative to the”

Motion No. 94 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 44 on page 56 with the following:

“environmental assessment of the”

Motion No. 95 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 7 on page 57 with the following:

“project and may, at any time,”

Motion No. 96 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 17 on page 57 with the following:

“interest relative to the project”

Motion No. 97 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 29 on page 57 with the following:

“the project;”

Motion No. 98 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 15 on page 58 with the following:

“project to the Minister and may, at”

Motion No. 99 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing lines 19 and 20 on page 58 with the following:

“ing the environmental assessment of a project and preparing the report with”

(b) by replacing, in the English version, line 22 on page 58 with the following:

“project, use any information that is”

Motion No. 100 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 29 on page 58 with the following:

“ment of the project, it may require”

Motion No. 101 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 41 on page 58 with the following:

“environmental assessment of the”

Motion No. 102 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 41 on page 59 with the following:

“environmental assessment of the”

Motion No. 103 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 7 on page 60 with the following:

“proponent of the project to collect”

Motion No. 104 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 14 and 15 on page 60 with the following:

“a project to collect information or undertake a study with respect to the”

Motion No. 105 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 33 on page 60 with the following:

“49. (1) The Minister may terminate the”

Motion No. 106 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 34 on page 60 with the following:

“assessment by a review panel of a”

Motion No. 107 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 39 on page 60 with the following:

“ment by a review panel of a project if”

Motion No. 108 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing line 21 on page 61 with the following:

“of a project is terminated under”

(b) by replacing, in the English version, line 24 on page 61 with the following:

“the environmental assessment of the”

Motion No. 109 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 29 on page 61 with the following:

“assessment of the project that was”

Motion No. 110 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 37 on page 61 with the following:

“appropriate, the project”

Motion No. 111 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by deleting lines 41 to 43 on page 61.

Motion No. 112 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 2 on page 62 with the following:

“project is likely to cause significant”

Motion No. 113 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 4 on page 62 with the following:

“section 5, the decision maker must”

Motion No. 114 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by deleting lines 8 to 12 on page 62.

Motion No. 115 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing, in the English version, line 17 on page 62 with the following:

“effects that the project is likely to”

(b) by replacing, in the English version, line 20 on page 62 with the following:

“effects that the project is likely to”

Motion No. 116 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing line 23 on page 62 with the following:

“subsection 52(1) that the project is”

(b) by replacing, in the English version, line 29 on page 62 with the following:

“tion that the project is likely to cause”

(c) by replacing, in the English version, line 34 on page 62 with the following:

“project must comply.”

Motion No. 117 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing line 36 on page 62 with the following:

“subsection 52(1) that the project”

(b) by replacing, in the English version, line 2 on page 63 with the following:

“permit a project to be carried out,”

(c) by replacing, in the English version, line 5 on page 63 with the following:

“tion with which the proponent of the”

Motion No. 118 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing line 21 on page 63 with the following:

“project that”

Motion No. 119 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing, in the English version, line 22 on page 63 with the following:

“(a) informs the proponent of the”

(b) by replacing, in the English version, line 25 on page 63 with the following:

“project and, if a matter was”

(c) by replacing, in the English version, line 28 on page 63 with the following:

“relation to the project; and”

Motion No. 120 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 31 on page 63 with the following:

“project and that must be complied”

Motion No. 121 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing lines 34 and 35 on page 63 with the following:

“decision under subsection 52(1) in relation to the project for the purpose”

(b) by replacing, in the English version, line 39 on page 63 with the following:

“of the project was referred to a”

Motion No. 122 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, line 1 on page 64 with the following:

“the environmental assessment of the”

Motion No. 123 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing, in the English version, lines 13 and 14 on page 64 with the following:

“the project to collect information or undertake a study with respect to the”

Motion No. 124 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 28 and 29 on page 64 with the following:

“55. The responsible authority must ensure that”

Motion No. 125 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended by replacing lines 36 and 37 on page 64 with the following:

“tion to a project is”

Motion No. 126 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 52, be amended

(a) by replacing lines 2 and 3 on page 65 with the following:

“a project is considered to”

(b) by replacing, in the English version, line 9 on page 65 with the following:

“project; or”

(c) by replacing, in the English version, line 13 on page 65 with the following:

“relation to the project.”

Motion No. 142 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 67, be amended by replacing lines 20 and 21 on page 98 with the following:

“force on April 30, 2016.”

Motion No. 145 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 70.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 147 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 71, be amended by replacing line 25 on page 99 with the following:

“an application, the Chairperson may propose a motion to put in place a”

Motion No. 148 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 71, be amended by replacing line 42 on page 99 with the following:

“authorized to deal with the application if a motion for such a representative action is carried by vote of the members of the Board.”

Motion No. 150 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 72, be amended by replacing lines 34 to 40 on page 100 with the following:

“(2.1) For greater certainty, if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the Board shall elect a third member to satisfy the quorum requirements established under subsection (2).”

Motion No. 154 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 75, be amended by replacing line 11 on page 101 with the following:

“14. (1) The Chairperson may propose a motion to authorize one”

Motion No. 155 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 75, be amended by replacing line 21 on page 101 with the following:

“under an authorization that is carried by vote of the Board is considered to have”

Motion No. 157 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 76, be amended by replacing line 25 on page 101 with the following:

“15. (1) The Chairperson or the Board may authorize one”

Motion No. 159 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing lines 41 to 44 on page 101 with the following:

“or 15 becomes incapacitated or dies during the hearing or after the conclusion of the hearing but before making a decision or report, the Board, with the consent of all those who are parties to the hearing, may authorize another member”

Motion No. 160 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing, in the English version, line 3 on page 102 with the following:

“incapacity or death occurs during”

Motion No. 161 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing, in the English version, line 8 on page 102 with the following:

“incapacity or death occurs after”

Motion No. 162 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing line 14 on page 102 with the following:

“tated or dies during the hearing or after”

Motion No. 163 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing, in the English version, lines 17 to 22 on page 102 with the following:

“(a) the Board may vote in another member to replace the incapacitated or deceased member for the rest of the hearing and to participate in the decision if the incapacity or death occurs during the hear-”

Motion No. 164 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing lines 24 to 29 on page 102 with the following:

“(b) if the incapacity or death occurs after the conclusion of the hearing but before a decision is given, the remaining members may, if unanimous, give a decision as if the incapacitated or deceased member were present and”

Motion No. 165 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing line 34 on page 102 with the following:

“incapacitated or dies during the hearing”

Motion No. 166 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing lines 38 to 43 on page 102 with the following:

“(a) the Board may elect another member to replace the incapacitated or deceased member for the rest of the hearing and to participate in the finalizing of the report, if the incapacity or death occurs”

Motion No. 167 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing line 45 on page 102 to line 3 on page 103 with the following:

“(b) if the incapacity or death occurs after the conclusion of the hearing but before the report is finalized, the remaining members may, if unanimous, finalize the report as if the incapacitated or deceased member were”

Motion No. 168 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing line 17 on page 103 with the following:

“cludes the Chairperson from proposing a motion to take a measure”

Motion No. 169 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 77, be amended by replacing lines 21 to 27 on page 103 with the following:

“do so by the Board and on any terms and conditions that the Board prescribes, continue to inquire into, hear and determine any proceeding to which that person was assigned while that person was a member and the person shall for that purpose be considered to continue to be a member if the continued membership is carried by vote of the members of the Board.”

Motion No. 171 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 78, be amended by replacing line 30 on page 103 with the following:

“(1.1) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”

Motion No. 173 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 79, be amended by replacing line 35 on page 103 with the following:

“(2) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”

Motion No. 176 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 81, be amended by replacing line 14 on page 104 with the following:

“(2) A public hearing may be held in respect of any other matter that the Board considers advisable, however a public hearing need not be held where”

Motion No. 178 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 82, be amended by replacing lines 39 and 40 on page 104 with the following:

“(4) Subsections 121(3) to(5) apply to”

Motion No. 180 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing lines 25 to 27 on page 105 with the following:

“shall consider the objections of any interested person or group that, in their opinion, appear to be directly or indirectly related to the pipeline, and may have regard to the”

Motion No. 181 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by adding after line 33 on page 105 the following:

“(c.1) the expected and potential environmental and health impacts, both local and generalized, of the pipeline on surrounding communities and the general public;”

Motion No. 182 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing lines 41 to 43 on page 105 with the following:

“opinion may be affected, directly or indirectly, by the granting, refusal or dismissal of an application, or by the issuance of a certificate.”

Motion No. 183 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing line 4 on page 106 with the following:

“the report must also reference the”

Motion No. 184 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing line 9 on page 106 with the following:

“Board. The specified time limit must be”

Motion No. 185 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing lines 16 to 18 on page 106 with the following:

“respect to the pipeline, the period that is taken by”

Motion No. 186 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing lines 33 and 34 on page 106 with the following:

“by order, issue a directive to the Board that requires the Board to”

Motion No. 187 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing lines 6 and 7 on page 107 with the following:

“53. (1) If, after the Board has submitted its report under section 52, any of the considerations set out in subsection 52(2) have changed in respect of the application and approval of the application is no longer deemed to be in the public interest, then the Governor in”

Motion No. 188 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing line 43 on page 107 with the following:

“(8) The Board’s”

Motion No. 189 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing lines 7 and 8 on page 108 with the following:

“54. (1) After the Board has submitted a report under section 52 or 53 that determines that the application is in the public interest, the Governor in”

Motion No. 190 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing line 17 on page 108 with the following:

“making the order and must be made public within 15 days after it was made.”

Motion No. 191 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing line 3 on page 109 with the following:

“(“the Court”) within 30 days after the day on”

Motion No. 192 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing line 22 on page 109 with the following:

“so, but only if one or more of the considerations set out in subsection 52(2) have changed in respect of the application and approval of the application is no longer deemed to be in the public interest.”

Motion No. 193 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 83, be amended by replacing lines 25 to 31 on page 109 with the following:

“interested person or group, including

(a) persons or groups that are directly affected by the granting or refusing of the application, including those who use adjacent land for recreational, cultural or hunting purposes;

(b) persons or groups that are or could potentially be, in its opinion, indirectly affected by the granting or refusing of the application; and

(c) persons or groups that, in its opinion, have relevant information or expertise.

For greater certainty, a decision of the Board as to whether it will consider the objections or representations of any person or group is conclusive.”

Motion No. 195 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 84, be amended by replacing line 36 on page 109 with the following:

“the time limit specified by the Chairperson pursuant to a motion and vote among Board members,”

Motion No. 196 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 84, be amended by replacing line 40 on page 109 with the following:

“son pursuant to a motion and vote among Board members must be no longer than 15 months after the”

Motion No. 197 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 84, be amended by replacing lines 5 and 6 on page 110 with the following:

“(a) prepare a report with respect to its”

Motion No. 198 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 84, be amended by replacing lines 9 and 10 on page 110 with the following:

“(b) comply with that Act with respect to that assessment.”

Motion No. 199 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 84, be amended by replacing lines 14 to 16 on page 110 with the following:

“paragraph (1)(b) to which the application relates, the”

Motion No. 200 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 84, be amended by replacing line 25 on page 110 with the following:

“Governor in Council under”

Motion No. 202 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 85, be amended by replacing lines 2 to 4 on page 111 with the following:

“the Board shall have regard to all representations referred to in section 55.2.”

Motion No. 203 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 85, be amended by replacing line 8 on page 111 with the following:

“that it specifies,”

Motion No. 204 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 85, be amended by replacing lines 16 and 17 on page 111 with the following:

“(5) The time limit specified by the Board must be no longer than 15 months after the”

Motion No. 205 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 85, be amended by replacing line 22 on page 111 with the following:

“project within the meaning of the”

Motion No. 206 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 85, be amended by replacing lines 25 and 26 on page 111 with the following:

“(a) prepare a report setting out its opinion of the”

Motion No. 207 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 85, be amended by replacing lines 33 to 35 on page 111 with the following:

“respect to the line or any power line referred to in subsection (1) to which the application relates, the period that is taken by”

Motion No. 209 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 86, be amended by replacing line 32 on page 112 with the following:

“V, except sections 74, 76 to 78, 108, 110 to 111.3,”

Motion No. 210 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 86, be amended by replacing line 15 on page 113 with the following:

“except sections 74, 76 to 78, 108, 110 to 111.3, 114”

Motion No. 212 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 87, be amended by replacing line 44 on page 114 with the following:

“a work to which that Act applies, unless it passes in, on, over, under, through or across a navigable water.”

Motion No. 214 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 88, be amended by replacing line 11 on page 117 with the following:

“under which section 58.29 does not apply or leave from the Board under”

Motion No. 216 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 89, be amended by replacing line 16 on page 117 with the following:

“certificate under section 52 or 53 authorizing the”

Motion No. 218 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 90, be amended by replacing line 12 on page 118 with the following:

“was constructed in accordance with the Navigable Waters Protection Act and that passes in, on, over, under, through or”

Motion No. 219 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 90, be amended by replacing line 39 on page 118 with the following:

“that was constructed in accordance with the Navigable Waters Protection Act and that passes in, on, over, under, through”

Motion No. 220 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 90, be amended by replacing line 9 on page 119 with the following:

“that was constructed in accordance with the Navigable Waters Protection Act and that passes in, on, over, under, through”

Motion No. 221 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 90, be amended by deleting lines 14 to 18 on page 119.

Motion No. 225 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 93, be amended by replacing line 25 on page 124 with the following:

“oil or gas, the Board shall, after all required consultation with members of the public and with First Nations and taking into account all considerations that appear to it to be relevant, satisfy itself that the”

Motion No. 227 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 94, be amended by replacing line 36 on page 124 with the following:

“recommendation, the Board shall, after all required consultation with members of the public and with First Nations, seek to avoid”

Motion No. 231 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 97, be amended by replacing lines 40 and 41 on page 125 with the following:

“120.5 The Board may issue a ”

Motion No. 250 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 115, be amended by replacing lines 33 and 34 on page 138 with the following:

“and 99 to 114 come into force on September 1, 2015.”

Motion No. 251 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 115, be amended by replacing lines 2 and 3 on page 139 with the following:

“force on January 1, 2016.”

Motion No. 255 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 119.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 258 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 121, be amended by replacing lines 7 and 8 on page 141 with the following:

“June 1, 2015.”

Motion No. 261 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 123, be amended by replacing line 18 on page 141 with the following:

“seven months.”

Motion No. 263 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 124, be amended by replacing line 24 on page 141 with the following:

“replace a licence after consulting the public, expert opinion and peer-reviewed scientific evidence, or decide whether it is in the public interest to authorize its transfer, on”

Motion No. 264 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 124, be amended by replacing line 1 on page 142 with the following:

“the Commission, after consulting expert opinion, the applicant or, in the case of”

Motion No. 272 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 131, be amended by replacing lines 35 and 36 on page 149 with the following:

“force on August 1, 2015.”

Motion No. 275 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 133, be amended by replacing line 8 on page 150 with the following:

“thing impeding the free”

Motion No. 276 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 133, be amended by replacing line 36 on page 150 with the following:

“that fish may potentially be harvested under the authority of a”

Motion No. 277 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 133, be amended by replacing lines 5 and 6 on page 151 with the following:

“to fish includes

(a) the death of, or harm to, any fish; and

(b) any temporary or permanent harmful alteration to, or disruption or destruction of, any fish habitat.”

Motion No. 279 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 134, be amended by replacing line 17 on page 151 with the following:

“programs and, if the Minister has determined, on the basis of the features and scope of the programs, that the programs are equivalent in their capabilities to meet and ensure compliance with the provisions of this Act, otherwise harmonizing those”

Motion No. 280 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 134, be amended by replacing lines 20 and 21 on page 151 with the following:

“tween the parties and the public, including the exchange and public dissemination of scientific information and any other information relevant to the public; and”

Motion No. 281 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 134, be amended by replacing lines 22 to 24 on page 151 with the following:

“(c) facilitating public consultation, participation in decision-making processes and the entry into arrangements with third-party stakeholders who are directly or indirectly affected.”

Motion No. 282 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 134, be amended by replacing line 25 on page 151 with the following:

“(2) An agreement may, while ensuring the integrity of the federal government’s constitutionally defined jurisdiction and responsibility with respect to fisheries, establish”

Motion No. 283 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 134, be amended by replacing line 37 on page 151 with the following:

“the parties, including the exchange and dissemination to the public of scien-”

Motion No. 284 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 134, be amended by replacing line 14 on page 152 with the following:

“into or renewing the agreement that shall ensure that meaningful public participation is sought and taken into consideration.”

Motion No. 285 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 134, be amended by adding after line 14 on page 152 the following:

“(3.1) For the purposes of paragraph (1)(a), any agreement entered into with a province must ensure the integrity of the federal government’s constitutional jurisdiction over fisheries, by

(a) establishing that the province, for the purposes of the agreement, acts as an agent of the federal government in executing the agreement; and

(b) requiring the province, as a condition of the agreement, to report to the Minister.”

Motion No. 286 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 134, be amended by replacing lines 20 to 24 on page 152 with the following:

“provision under the laws of the province that, after consulation with experts, stakeholders and members of the public, is determined to be equivalent in effect to a provision of the regulations, the Governor in Council may, by order, declare that certain provisions of the regulations do not apply in the”

Motion No. 288 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 135, be amended by replacing line 9 on page 154 with the following:

“commercial, recrea-”

Motion No. 289 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 135, be amended by replacing lines 13 and 14 on page 154 with the following:

“in place to prevent serious harm to fish or fish habitat, including those that are part of a commercial, recreational”

Motion No. 291 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 136, be amended by replacing line 39 on page 154 to line 1 on page 155 with the following:

“(2) If, on the basis of expert opinion, the Minister considers it necessary to ensure the free passage of fish or to prevent harm to fish, the owner or person who has the charge, management or control of any water intake, ditch, channel or canal in Canada constructed or adapted for conducting water from any Canadian fisheries waters for irrigating, manufacturing, power generation, domestic or other purposes shall, on the Minister’s request, within the”

Motion No. 292 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 136, be amended by replacing line 16 on page 155 with the following:

“Minister considers, based on expert opinion, sufficient to permit the”

Motion No. 293 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 136, be amended by replacing line 20 on page 155 with the following:

“quantity of water that the Minister considers, based on expert opinion,”

Motion No. 294 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 136, be amended by replacing lines 12 and 13 on page 156 with the following:

“(e) in any way stop, impede or hinder fish from entering or passing through any fishway or canal, or stop, impede or hinder fish from sur-”

Motion No. 295 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 136, be amended by replacing lines 19 to 21 on page 156 with the following:

“(g) fish in any manner within 25 m downstream from the lower entrance to any fishway, canal, obstacle or leap.”

Motion No. 299 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 139, be amended by replacing line 3 on page 157 with the following:

“32. (1) No person shall kill or harm fish by any”

Motion No. 300 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 139, be amended by replacing line 6 on page 157 with the following:

“the killing of or harm to fish is done in such a way as to ensure, according to expert advice based on an independent analysis, the absolute minimum destruction of or disturbance to fish populations and habitats necessary in order to carry out the work, undertaking or activity and”

Motion No. 301 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 139, be amended by replacing lines 25 to 31 on page 157 with the following:

“(2)(a) to (e) that applies to them is guilty of

(a) an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding $300,000 and, for any subsequent offence, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding six months, or to both; or

(b) an indictable offence and liable, for a first offence, to a fine not exceeding $1,000,000 and, for any subsequent offence, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding three years, or to both.”

Motion No. 302 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38 be amended by adding after line 32 on page 157 the following new clause:

“139.1 The Act is amended by adding the following after section 32:

32.1 Every owner or occupier of a water intake, ditch, channel or canal referred to in subsection 30(1) who refuses or neglects to provide and maintain a fish guard, screen, covering or netting in accordance with subsections 30(1) to (3), permits the removal of a fish guard, screen, covering or netting in contravention of subsection 30(3) or refuses or neglects to close a sluice or gate in accordance with subsection 30(4) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding two hundred thousand dollars and, for any subsequent offence, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both.”

Motion No. 306 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 142, be amended by replacing line 5 on page 158 with the following:

“(2) If conducted in accordance with expert advice that is based on an independent analysis so as to ensure the absolute minimum of destruction or disruption of fish populations and fish habitat, a person may carry on a work, under-”

Motion No. 307 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 142, be amended by replacing line 35 on page 158 with the following:

“harm to fish or fish habitat, including those that are part of any commercial,”

Motion No. 308 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 142, be amended by replacing line 40 on page 158 with the following:

“(d) the serious harm to fish or fish habitat is produced as a result of”

Motion No. 310 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 143, be amended by replacing line 17 on page 159 with the following:

“made by the Governor in Council under subsection (5) applicable to that”

Motion No. 311 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 143, be amended by replacing line 22 on page 159 with the following:

“by the Governor in Council under subsection (5.1) and that is deposited”

Motion No. 312 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 143, be amended by deleting lines 26 to 29 on page 159.

Motion No. 313 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 143, be amended by adding after line 10 on page 160 the following:

“(5.2) No regulation made under subsection (5.1) may authorize any deposit of a deleterious substance unless the deposit is conducted in such a manner as to ensure the absolute minimum of destruction or disruption of fish populations and fish habitat.”

Motion No. 314 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 143, be amended

(a) by replacing line 13 on page 160 with the following:

“under subsection (5) or (5.1) shall, when”

(b) by replacing line 15 on page 160 with the following:

“made under paragraph (5)(e) or (5.1)(d) or any”

Motion No. 316 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 144, be amended by replacing lines 46 and 47 on page 161 with the following:

“results or is likely to result in alteration, disruption or serious harm to any fish or fish habitat, including those that are part of a commercial, recreational”

Motion No. 317 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 144, be amended by replacing lines 20 and 21 on page 162 with the following:

“results or is likely to result in alteration, disruption or serious harm to any fish or fish habitat, including those that are part of a commercial,”

Motion No. 318 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 144, be amended by replacing lines 5 and 6 on page 163 with the following:

“activity results or has the potential to result in alteration, disruption or serious harm to any fish or fish habitat in an ecologically significant area, the”

Motion No. 319 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 144, be amended by replacing line 1 on page 164 with the following:

“(c) defining, on the basis of peer-reviewed literature and expert opinion, “ecologically significant area””

Motion No. 321 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 145, be amended by replacing line 8 on page 164 with the following:

“enforcement of this Act, provided that, with regard to the designation of any analyst, the analyst has been independently recognized as qualified to be so designated.”

Motion No. 322 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 145, be amended by replacing line 30 on page 164 with the following:

“habitat or serious harm to fish or fish habitat, or”

Motion No. 323 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 145, be amended by replacing lines 3 and 4 on page 165 with the following:

“prescribed by the regulations of any alteration, disruption or destruction of fish”

Motion No. 324 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 145, be amended by replacing line 16 on page 165 with the following:

“substance in water that is not”

Motion No. 325 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 145, be amended by replacing lines 20 and 21 on page 165 with the following:

“humans of fish results or could potentially result from the occurrence, then”

Motion No. 326 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 145, be amended by replacing line 30 on page 167 with the following:

“(i) alteration or disruption of fish habitat, or serious harm to fish or fish habitat, including those that are part of a”

Motion No. 327 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 145, be amended by replacing line 40 on page 167 with the following:

“that results in any alteration or disruption of fish habitat, or serious harm to any fish or fish habitat, including those that are part”

Motion No. 331 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 148, be amended by replacing lines 15 to 21 on page 174 with the following:

“42.1 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish habitat protection and pollution prevention for that year, including for those fisheries of particular commercial or recreational value and any fisheries of cultural or economic value for Aboriginal communities.”

Motion No. 333 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 149, be amended by replacing line 40 on page 174 with the following:

“(i.01) excluding certain fisheries, on the basis of public consultation and expert opinion, from the defini-”

Motion No. 334 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 149, be amended by replacing lines 1 to 5 on page 176 with the following:

“(2) The Governor in Council may, by regulation, add”

Motion No. 335 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 149, be amended by replacing line 11 on page 176 with the following:

“(3) Regulations made under subsection (2)”

Motion No. 336 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 149, be amended by replacing line 16 on page 176 with the following:

“(5) The Governor in Council may, for the purpose of emergency response and after consulting with experts, make”

Motion No. 338 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 150, be amended by replacing lines 25 to 29 on page 176 with the following:

“recommendation of the Minister following consultation with the public and experts or, if they are made for the purposes of and in relation to the subject matters set out in an order made under section 43.2, on the recommendation of the minister designated under that section following consultation with the public and experts.”

Motion No. 343 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 154, be amended by replacing line 18 on page 177 with the following:

“Act may not be commenced later than twenty-five years”

Motion No. 346 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 156, be amended by replacing lines 29 and 30 on page 178 with the following:

“and 153 come into force on July 1, 2015.”

Motion No. 347 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 157.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 348 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 157, be amended by replacing lines 37 and 38 on page 178 with the following:

“and, subject to the regulations, after consulting relevant peer-reviewed science, considering public concerns and taking all appropriate measures to ensure that no ecosystem will be significantly adversely affected, renew it no more than once.

(1.1) Before issuing a permit referred to under subsection (1), the Minister shall ensure that the issuance of the permit will not have any adverse effects on critical habitat as it is defined in subsection 2(1) of the Species at Risk Act. ”

Motion No. 349 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 158.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 350 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 159.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 351 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 159, be amended by replacing line 25 on page 179 with the following:

“mental Registry as well as in the Canada Gazette.”

Motion No. 352 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 159, be amended by replacing line 41 on page 179 with the following:

“(b) in every other case, at least 30 days”

Motion No. 353 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 160.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 354 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 160, be amended by replacing line 13 on page 180 with the following:

“published in the Environmental Registry and in the Canada Gazette; or”

Motion No. 355 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 161.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 356 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 161, be amended by deleting lines 32 to 39 on page 180.

Motion No. 357 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 161, be amended by deleting lines 1 to 10 on page 181.

Motion No. 358 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 162.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 359 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 163.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 360 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 163, be amended by replacing line 29 on page 181 with the following:

“(6.1) Subject to subsection 73(9), the agreement or permit must set out”

Motion No. 361 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 163, be amended by deleting line 31 on page 181 to line 8 on page 182.

Motion No. 362 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 164.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 363 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 165.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 364 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 166.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 365 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 167.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 366 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 168.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 367 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 169.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 374 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 175, be amended by replacing line 17 on page 185 with the following:

“financial statements of the Council, and the Council shall make the report available for public scrutiny at the offices of the Council.”

Motion No. 377 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 177, be amended by replacing line 7 on page 186 with the following:

“financial statements of the Council and the Council, shall make the report available for public scrutiny at the offices of the Council.”

Motion No. 411 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 214, be amended by replacing line 36 on page 192 with the following:

“recommendation of the Minister of Finance and in consultation with the Government of the Northwest Territories, set”

Motion No. 412 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 214, be amended by replacing line 2 on page 193 with the following:

“recommendation of the Minister of Finance and in consultation with the Government of the Northwest Territories,”

Motion No. 416 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 217, be amended by replacing lines 21 to 23 on page 194 with the following:

“217. This Division comes into force on April 1, 2015.”

Motion No. 481 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 281, be amended by replacing line 33 on page 226 with the following:

“April 1, 2016.”

Motion No. 482 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 281, be amended by replacing line 35 on page 226 with the following:

“on April 1, 2016.”

Motion No. 483 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 281, be amended by replacing line 37 on page 226 with the following:

“force on May 1, 2016.”

Motion No. 505 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 303, be amended by replacing lines 2 and 3 on page 235 with the following:

“on September 1, 2015.”

Motion No. 517 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 314, be amended by replacing lines 8 and 9 on page 242 with the following:

“on May 1, 2013.”

Motion No. 522 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 318, be amended by adding after line 36 on page 243 the following:

“(2) The report referred to in subsection (1) shall include, for the previous calendar year, all information related to any action or enforcement measure taken in accordance with subsection 6(1) under any Act or regulation set out in Part 3 or Part 4 of the Schedule.”

Motion No. 524 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 319, be amended

(a) by replacing line 39 on page 243 with the following:

“(2) The Minister shall conduct a comprehensive review of the manage-”

(b) by replacing line 41 on page 243 with the following:

“protected heritage area at least every 10 years, taking into account any feedback received from the public under subsection (2.1),”

(c) by adding after line 43 on page 243 the following:

“(2.1) In every year, the Minister shall

(a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and

(b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”

Motion No. 530 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 324, be amended

(a) by replacing lines 13 and 14 on page 244 with the following:

“(2) The Minister shall conduct a comprehensive review of the management plan for each park at least every 10 years, taking into account any feedback received from the public under subsection (2.1),”

(b) by adding after line 16 on page 244 the following:

“(2.1) In every year, the Minister shall

(a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and

(b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”

Motion No. 532 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 325, be amended

(a) by replacing line 20 on page 244 with the following:

“(2) The Minister shall conduct a comprehensive review of the manage-”

(b) by replacing line 22 on page 244 with the following:

“at least every 10 years, taking into account any feedback received from the public under subsection (2.1), and shall cause any”

(c) by adding after line 24 on page 244 the following:

“(2.1) In every year, the Minister shall

(a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and

(b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”

Motion No. 541 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 367, be amended by replacing lines 9 and 10 on page 272 with the following:

“force on January 1, 2014.”

Motion No. 542 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 367, be amended by replacing lines 13 and 14 on page 272 with the following:

“comes into force on January 1, 2014.”

Motion No. 543 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 367, be amended by replacing lines 16 and 17 on page 272 with the following:

“May 1, 2015.”

Motion No. 545 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 368, be amended by replacing line 34 on page 273 with the following:

“(b) every integrated cross-border operation must”

Motion No. 546 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 368, be amended by adding after line 34 on page 274 the following:

“(3) Every officer appointed under this section must conduct every operation, wherever it takes place, in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.”

Motion No. 547 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 368, be amended by adding after line 17 on page 276 the following:

“(3) For greater certainty, the detention of any person by an officer is not permitted unless the officer has been appointed as a cross-border maritime law enforcement officer under section 7.”

Motion No. 548 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 368, be amended by adding after line 34 on page 277 the following:

“17. The provisions of this Act, the related amendments to the Royal Canadian Mounted Police Act and the consequential amendments to the Criminal Code and the Customs Act cease to have effect at the end of the 15th sitting day of Parliament after June 1, 2017, unless, before the end of that day, the application of those provisions is extended by a resolution passed by both Houses of Parliament.”

Motion No. 555 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 374, be amended by replacing lines 31 to 33 on page 280 with the following:

“374. This Division comes into force on April 30, 2016.”

Motion No. 591 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 412.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 593 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 413, be amended by deleting lines 25 and 26 on page 291.

Motion No. 594 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 413, be amended by replacing line 34 on page 291 with the following:

“accessible to the public.”

Motion No. 597 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 416.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 598 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 416, be amended by replacing line 40 on page 292 with the following:

“considers appropriate and must be subject to regulatory approval.”

Motion No. 599 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 416, be amended by deleting lines 22 to 24 on page 293.

Motion No. 603 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 419, be amended by replacing lines 12 and 13 on page 295 with the following:

“force on January 1, 2016.”

Motion No. 611 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 426, be amended by replacing lines 1 to 3 on page 299 with the following:

“426. This Division comes into force on May 1, 2013.”

Motion No. 617 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 440, be amended by replacing lines 21 and 22 on page 305 with the following:

“force on January 1, 2013.”

Motion No. 622 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 444, be amended by replacing lines 1 to 3 on page 306 with the following:

“444. This Division comes into force on April 30, 2016.”

Motion No. 626 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 447, be amended by replacing line 21 on page 306 with the following:

“2.2 (1) For the purposes of subsection 7.1(5), a reference to the age of”

Motion No. 627 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 447, be amended by replacing line 1 on page 308 with the following:

“(2) For the purposes of subsection 7.1(5), a reference to the age of”

Motion No. 628 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 447, be amended by replacing line 1 on page 309 with the following:

“(3) For the purposes of subsection 7.1(4), a reference to the age of”

Motion No. 630 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 451, be amended by adding after line 23 on page 313 the following:

“(5) For greater certainty, for the purposes of this section, the age of pension eligibility for persons eligible under subsection 3(1) or (2) is 65 years, and the age of eligibility for the payment of an allowance under paragraph 19(1)(b) is 60 years.”

Motion No. 636 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 467, be amended by replacing lines 3 to 5 on page 322 with the following:

“464 and 465, come into force on June 15, 2015.”

Motion No. 637 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 467, be amended by replacing line 7 on page 322 with the following:

“force on July 1, 2015.”

Motion No. 644 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 473, be amended by replacing lines 12 and 13 on page 323 with the following:

“tion 4.2, including their issuance and their”

Motion No. 645 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 473, be amended by replacing line 25 on page 323 with the following:

“available to the public;”

Motion No. 647 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 474, be amended by replacing line 3 on page 324 with the following:

“that he or she considers appropriate for assuring the quality of seeds and seed crops, subject to the conditions set out in subsection (5).”

Motion No. 648 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 474, be amended by adding after line 6 on page 324 the following:

“(5) For greater certainty, no licence referred to in subsection (1) shall be issued to persons who have a direct commercial interest in the sale, importation or exportation of seeds in Canada.”

Motion No. 650 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 475, be amended by replacing lines 18 and 19 on page 324 with the following:

“tion 4.1, including their issuance and their”

Motion No. 651 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 475, be amended by replacing line 6 on page 325 with the following:

“that he or she considers appropriate for assuring the quality of seeds and seed crops, subject to the conditions set out in subsection (5).”

Motion No. 652 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 475, be amended by adding after line 9 on page 325 the following:

“(5) For greater certainty, no licence referred to in subsection (1) shall be issued to persons who have a direct commercial interest in the sale, importation or exportation of seeds in Canada.”

Motion No. 656 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 478, be amended by replacing lines 25 to 27 on page 325 with the following:

“478. This Division comes into force on September 15, 2015.”

Motion No. 659 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 480, be amended by replacing line 13 on page 326 with the following:

“subsection 23(1) and all criteria and factors considered in reaching a decision or sending notice under that subsection, with the exception of all commercially sensitive information;”

Motion No. 665 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 486, be amended by replacing line 30 on page 328 with the following:

“January 1, 2013.”

Motion No. 669 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 489, be amended by replacing line 20 on page 329 with the following:

“February 1, 2016.”

Motion No. 686 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 505, be amended by replacing lines 9 and 10 on page 333 with the following:

“on January 1, 2016.”

Motion No. 690 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 508, be amended

(a) by replacing line 1 on page 336 with the following:

“(b) humanely dispose of that animal or thing or require”

(b) by replacing line 3 on page 336 with the following:

“care or control of it to humanely dispose of it if, according to expert opinion, treatment under paragraph (a) is not feasible or is not able to be carried out quickly enough to be effective in eliminating the disease or toxic substance or preventing its spread.”

Motion No. 695 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 515, be amended by replacing line 28 on page 338 with the following:

“September 1, 2013 or, if it is later, on the day on”

Motion No. 703 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 522, be amended by replacing line 2 on page 340 with the following:

“possible after the end of each fiscal year but”

Motion No. 707 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 525, be amended by replacing line 33 on page 340 with the following:

“Whereas a strong, efficient and publicly accountable banking sector”

Motion No. 710 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 525, be amended by adding after line 10 on page 341 the following:

“And whereas, in the interest of informed public debate and decision-making, it is in the national interest for the Government of Canada to publicy and transparently account for all financial assistance provided to the Canadian banking sector by the Government of Canada, including that provided through the Bank of Canada and the Canadian Mortgage and Housing Corporation;”

Motion No. 711 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 526.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 712 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 527.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 716 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 530, be amended by replacing lines 24 and 25 on page 342 with the following:

“on January 15, 2016.”

Motion No. 764 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 577, be amended by replacing lines 18 to 20 on page 361 with the following:

“577. This Division comes into force on June 1, 2015.”

Motion No. 782 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 594, be amended by replacing lines 6 and 7 on page 365 with the following:

“on April 30, 2016.”

Motion No. 801 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 619, be amended by replacing lines 22 and 23 on page 378 with the following:

“608(2) and (3) come into force on April 30, 2016.”

Motion No. 802 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 619, be amended by replacing lines 25 and 26 on page 378 with the following:

“on July 1, 2014.”

Motion No. 837 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 681, be amended by replacing lines 32 to 34 on page 394 with the following:

“681. This Division comes into force on January 1, 2016.”

Motion No. 838 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 684, be amended by replacing lines 6 to 8 on page 396 with the following:

“684. This Division comes into force on September 1, 2012.”

Motion No. 845 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 689.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 846 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 690.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 847 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 691.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 848 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 692.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 849 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 693.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 850 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 694.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 851 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 695.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 852 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 696.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 853 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 696, be amended by replacing lines 2 and 3 on page 401 with the following:

“on September 15, 2015.”

Motion No. 854 — June 7, 2012 — Mr. Garneau (Westmount—Ville-Marie) — That Bill C-38 be amended by deleting Clause 699.

Pursuant to Standing Order 76.1(2), notice also received from:

Mr. Lamoureux (Winnipeg North), Mrs. Mourani (Ahuntsic), Mr. Bellavance (Richmond—Arthabaska), Ms. Nash (Parkdale—High Park), Mr. Caron (Rimouski-Neigette—Témiscouata—Les Basques), Mr. Mai (Brossard—La Prairie) and Mr. Marston (Hamilton East—Stoney Creek) — June 7, 2012

Ms. May (Saanich-Gulf Islands) — June 8, 2012

Motion No. 855 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 699, be amended by replacing line 16 on page 401 with the following:

“2007, is repealed as of April 30, 2015.”

Motion No. 869 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 753, be amended by replacing lines 8 and 9 on page 424 with the following:

“force on September 1, 2012.”

Motion No. 870 — June 8, 2012 — Ms. May (Saanich-Gulf Islands) — That Bill C-38, in Clause 753, be amended by replacing lines 11 to 13 on page 424 with the following:

“723, 726 and 741 to 751 come into force on June 15, 2015.”

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