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Hon. Leo Housakos moved the adoption of the report.

He said: Honourable senators, I rise today in my capacity as Chair of the Standing Committee on Transport and Communications to outline several amendments made in committee to Bill S-273, An Act to declare the Chignecto Isthmus Dykeland System and related works to be for the general advantage of Canada. Most amendments were made by the bill’s sponsor, Senator Quinn, in consultation with Indigenous stakeholders to improve the bill.

The first amendment includes the terms “Indigenous governing body” and “Indigenous organizations” in the definition of the types of persons with whom the Government of Canada can enter into agreements for designing, building or operating the Chignecto Isthmus Dykeland System. This amendment was requested by Indigenous stakeholders.

Second, based on testimony of the Indigenous stakeholders, the committee also amended the bill to provide a temporary non-derogation clause relating to section 35 of the Canadian Charter of Rights and Freedoms, “Aboriginal and treaty rights.” This clause will automatically be repealed if Bill S-13, which provides for a general non-derogation clause in the InterpretationAct, receives Royal Assent.

Third, in response to committee members and Indigenous stakeholders, the committee also inserted limiting language to narrow the scope of situations when cabinet can grant exemptions regarding construction permits, limiting these to emergency situations to prevent damage to the environment or if it is in the interest of public health or safety.

Fourth, a technical amendment was made to ensure the title of the minister responsible for the act reflects the department of infrastructure and communities, which will be formally established when Bill C-59 receives Royal Assent.

Fifth and last, the committee deleted clause 8 of the bill, which gave the minister the ability to designate contraventions of the act as an offence.

Honourable senators, I want to thank committee members for their participation and diligence in this study.

Thank you, colleagues.

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