The House resumed consideration of the motion of Ms. Copps (Minister of the Environment), seconded by Mr. Massé (President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs), — That Bill C–56, An Act to amend the Canadian Environmental Assessment Act, be now read a third time and do pass.

The debate continued.

The question was put on the motion and, pursuant to Standing Order 45(5)(a), the recorded division was deferred until Tuesday, December 13, 1994, at 5:30 p.m.

The Order was read for the consideration at report stage of Bill C–44, An Act to amend the Immigration Act and the Citizenship Act and to make a consequential amendment to the Customs Act, as reported by the Standing Committee on Citizenship and Immigration with amendments.

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 — Motions Nos. 1, 3, 4, 5, 6, 8, 9, 10, 11, 12, 18, 19 and 23

Group No. 2 — Motions Nos. 13 and 14

Group No. 3 — Motions Nos. 15, 16 and 17

Group No. 4 — Motion No. 20

Group No. 5 — Motions Nos. 21 and 22

Group No. 1

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 1, — That Bill C–44, in Clause 1, be amended by replacing line 8, on page 1, with the following:

“made under subsection 23(4),”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 3, — That Bill C–44, in Clause 3, be amended by replacing line 19, on page 3, with the following:

“may, subject to subsections (4), (4.2)”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 4, — That Bill C–44, in Clause 3, be amended by deleting lines 45 to 48, on page 3, and lines 1 to 25, on page 4.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 5, — That Bill C–44, in Clause 3, be amended by replacing line 27, on page 4, with the following:

“tion (4) shall truthfully provide such”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 6, — That Bill C–44, in Clause 3, be amended by replacing line 39, on page 4, with the following:

“or a conditional departure order”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 8, — That Bill C–44, in Clause 6, be amended by replacing line 44, on page 6, with the following:

“subsection 23(4) or a departure order”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 9, — That Bill C–44, in Clause 8, be amended by replacing line 23, on page 7, with the following:

“to in any of subsections 23(4) or”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 10, — That Bill C–44, in Clause 10, be amended by replacing line 6, on page 8, with the following:

“under subsection 23(4) or (4.2) or”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 11, — That Bill C–44, in Clause 10, be amended by replacing line 14, on page 8, with the following:

“under subsection 23(4) or (4.2) or 27(4)”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 12, — That Bill C–44, in Clause 11, be amended by replacing line 23, on page 8, with the following:

“23(4.2) or 27(6), shall cause an”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 18, — That Bill C–44, in Clause 16, be amended by replacing line 4, on page 15, with the following:

“section 20(1) or 23(4) or (4.2) or”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 19, — That Bill C–44, in Clause 17, be amended by replacing lines 11 and 12, on page 15, with the following:

“pursuant to subsection 20(1) or 23(4) or (4.2); or”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 23, — That Bill C–44, in Clause 25, be amended by deleting lines 10 to 26, on page 19.

Debate arose on the motions in Group No. 1.

The question was put on Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motions Nos. 3, 4, 5, 6, 8, 9, 10, 11, 12, 18, 19 and 23, was deferred.

Group No. 2

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 13, — That Bill C–44, in Clause 12, be amended by replacing line 21, on page 11, with the following:

“years or more may be imposed and the person was sentenced to a term of imprisonment of two years or more and the”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 14, — That Bill C–44 be amended by adding after line 25, on page 11, the following new Clause:

“12.1.

The Act is amended by adding the following after subsection 53(1):

“(1.1)

Paragraphs (1)(a) to (d) do not apply to a person

(a)

who was admitted to permanent residence in Canada before attaining the age of ten years where it is demonstrated that the person has no emotional or other ties to the country to which it is proposed the person be removed or

(b)

who has been admitted to permanent residence in Canada and has resided in Canada for ten years or more since being admitted.”.”

Debate arose on the motions in Group No. 2.

The question was put on Motion No. 13 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 14 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 3

Mrs. Debien (Laval East), seconded by Mr. Nunez (Bourassa), moved Motion No. 15, — That Bill C–44 be amended by deleting in Clause 13.

Mrs. Debien (Laval East), seconded by Mr. Nunez (Bourassa), moved Motion No. 16, — That Bill C–44 be amended by deleting Clause 14.

Mrs. Debien (Laval East), seconded by Mr. Nunez (Bourassa), moved Motion No. 17, — That Bill C–44 be amended by deleting Clause 15.

Debate arose on the motions in Group No. 3.

The question was put on Motion No. 15 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 16 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 17 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 4

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 20, — That Bill C–44 be amended by deleting Clause 18.

Debate arose on the motion in Group No. 4.

Pursuant to Standing Order 31, Members made statements.

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) for Mr. Dingwall (Minister of Public Works and Government Services) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to petitions Nos. 351-1082 and 351-1083 concerning housing policies. — Sessional Paper No. 8545-351-11E.

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) for Mr. Marchi (Minister of Citizenship and Immigration) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to petitions Nos. 351-1016 to 351-1020 and 351-1086 to 351-1089 concerning immigration. — Sessional Paper No. 8545-351-14E.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Axworthy (Minister of Human Resources Development), seconded by Mr. Ouellet (Minister of Foreign Affairs), Bill C–64, An Act respecting employment equity, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Recommendation
(Pursuant to Standing Order 79(2))

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting employment equity”.

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

• by Mr. Caccia (Davenport), one concerning gun control (No. 351-1644);
• by Mr. Collins (Souris–Moose Mountain), one concerning the Canadian Wheat Board (No. 351-1645), one concerning gun control (No. 351-1646) and one concerning the Canada Post Corporation (No. 351-1647);
• by Mrs. Kraft Sloan (York–Simcoe), five concerning the Canadian Human Rights Act (Nos. 351-1648 to 351-1652);
• by Mr. White (Fraser Valley West), three concerning euthanasia (Nos. 351-1653 to 351-1655), one concerning abortion (No. 351-1656) and two concerning gun control (Nos. 351-1657 and 351-1658);
• by Mr. Jackson (Bruce–Grey), one concerning intoxication as a defence (No. 351-1659);
• by Mr. Grubel (Capilano–Howe Sound), one concerning euthanasia (No. 351-1660);
• by Mr. Duhamel (St. Boniface), one concerning Old Age Security benefits (No. 351-1661);
• by Ms. McLaughlin (Yukon), two concerning tobacco (Nos. 351-1662 and 351-1663);
• by Mr. Anawak (Nunatsiaq), one concerning the mining industry (No. 351-1664);
• by Mr. Hopkins (Renfrew–Nipissing–Pembroke), two concerning the Canadian Human Rights Act (Nos. 351-1665 and 351-1666).

The House resumed consideration at report stage of Bill C–44, An Act to amend the Immigration Act and the Citizenship Act and to make a consequential amendment to the Customs Act, as reported by the Standing Committee on Citizenship and Immigration with amendments.

Debate resumed on the motion in Group No. 4.

The question was put on Motion No. 20 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 5

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 21, — That Bill C–44, in Clause 19, be amended by replacing lines 36 to 38, on page 15, with the following:

“103.

(1)

On being satisfied that a notice of appearance or a summons has been served on any person, the Deputy Minister or a senior immigration officer may issue a warrant for the arrest and detention of the person where”.

Mr. Nunez (Bourassa), seconded by Mrs. Debien (Laval East), moved Motion No. 22, — That Bill C–44, in Clause 19, in the French version:

1. by replacing line 41, on page 15, with the following:

   “sion aux termes du”; and

2. by replacing line 3, on page 16, with the following:

   “publique ou qu’elle ne comparaîtra pas à l’interrogatoire, à l’enquête ou au prononcé de la décision, ou”.

The question was put on Motion No. 21 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 22 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

By unanimous consent, Mr. Marchi (Minister of Citizenship and Immigration), seconded by Mr. Knutson (Elgin — Norfolk), moved new Motion No. 24, — That Bill C–44, in Clause 20, be amended by replacing lines 1 to 14, on page 15 with the following:

“20.

Section 105 of the Act is replaced by the following:

“105.

(1)

Notwithstanding the Corrections and Conditional Release Act, the Prisons and Reformatories Act or any Act of a provincial legislature, where a warrant has been issued or an order has been made pursuant to subsection 103(1) of (3) with respect to any person who is incarcerated in any place of confinement pursuant to the order of any court or other body, the Deputy Minister may issue an order to the person incharge of the place directing that

(a)

the person continue to be detained until the expiration of the sentence to which the person is subject or until the expiration of the sentence or term of confinement as reduced by the operation of any statute or other law or by an act of clemency; and

(b)

the person be delivered, at the expiration of the sentence or term of confinement referred to in paragraph (a), to an immigration officer to be taken into custody.

(2)

Nothing in subsection (1) shall limit the authority of any person, pursuant to any Act referred to in that subsection, to grant an escorted temporary absence pursuant to any of those Acts.”.”

Debate arose on motion No. 24.

The question was put on motion No. 24 and it was agreed to.

The House proceeded to the taking of the deferred recorded divisions at report stage of Bill C–44, An Act to amend the Immigration Act and the Citizenship Act and to make a consequential amendment to the Customs Act, as reported by the Standing Committee on Citizenship and Immigration with amendments.

Pursuant to Standing Order 45(5)(a), the deferred recorded divisions were further deferred until Tuesday, December 13, 1994, at 5:30 p.m.

The Order was read for the second reading and reference to the Standing Committee on Aboriginal Affairs and Northern Development of Bill C–60, An Act respecting an agreement between Her Majesty in right of Canada and the Pictou Landing Indian Band.

Mr. Gagliano (Secretary of State (Parliamentary Affairs) and Deputy Leader of the Government in the House of Commons) for Mr. Irwin (Minister of Indian Affairs and Northern Development), seconded by Mr. Marchi (Minister of Citizenship and Immigration), moved, — That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.

Debate arose thereon.

The question was put on the motion and it was agreed to.

Accordingly, the Bill was read the second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.

At 4:46 p.m., by unanimous consent, the sitting was suspended.

At 5:12 p.m., the sitting resumed.

A Message was received from the Senate as follows:

— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–55, An Act to establish a board having jurisdiction concerning disputes respecting surface rights in respect of land in the Yukon Territory and to amend other Acts in relation thereto, without amendment.

A Message was received from the Senate informing this House that the Senate has passed Bill C–42, An Act to amend the Criminal Code and other Acts (miscellaneous matters), with the following amendments:

1. Page 12, clause 37: in the French version, strike out line 21 and substitute the following:

   “forme écrite est faite sous serment et consignée mot à mot dans un”

2. Page 15, clause 38: in the French version, strike out line 6 and substitute the following:

   “d’une période de trois mois après la saisie, soit de la date, si”

3. Page 20, clause 44: in the French version, strike out lines 24 to 28 and substitute the following:

   “(2.2) Le prévenu tenu par la présente loi de comparaître en vue de la mise en liberté provisoire le fait en personne, ou, s’il y consent et avec l’accord du poursuivant, par le moyen de télécommunication, y”

4. Page 26: Delete clause 61 and renumber the subsequent clauses accordingly
5. Page 26: Delete clause 62 and renumber the subsequent clauses accordingly
6. Page 30, clause 71: in the French version,
   1. strike out line 18 and substitute the following:

      “699. (1) L’assignation d’un témoin devant”

   2. strike out line 23 and substitute the following:

      “(2) L’assignation d’un témoin devant une”

   3. strike out line 34 and substitute the following:

      “(3) Une assignation ne peut être émise par”

   4. strike out line 36 and substitute the following:

      “aux termes du paragraphe (2) sauf en conformi-”

Pursuant to Standing Order 38(1), the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Pursuant to Standing Order 32(1), the following paper, deposited with the Clerk of the House, was laid upon the Table:

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were filed as follows:

• by Mrs. Chamberlain (Guelph–Wellington), one concerning the Leader of the Opposition (No. 351-1667);
• by Mr. Manning (Calgary Southwest), one concerning the parole system (No. 351-1668);
• by Mr. St. Denis (Algoma), one concerning the Canadian Human Rights Act (No. 351-1669);
• by Mr. Shepherd (Durham), one concerning euthanasia (No. 351-1670).

At 5:27 p.m., the House adjourned until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).