The Speaker informed the House that a vacancy had occurred in the House of Commons for the Electoral District of Notre-Dame-de-Grâce, in the Province of Québec, by reason of the resignation of Mr. Allmand, and that, pursuant to subsection 25(1)(b) of the Parliament of Canada Act, he had addressed, on February 24, 1997, his warrant to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

At 11:00 a.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members’ Business.

Item No. 1 on the order of precedence was called, and, not having been proceeded with, was dropped to the bottom of the order of precedence on the Order Paper, pursuant to Standing Order 42(2).

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Mr. Hanger (Calgary Northeast), seconded by Mr. McClelland (Edmonton Southwest), moved, — That, in the opinion of this House, the government should enter into discussions with provincial governments to limit the social assistance available to failed refugee claimants who are remaining in Canada to make appeals to the courts and transfer the onus of providing further assistance to these individuals to immigrant and refugee aid societies and other organizations. (Private Members’ Business M–126)

Debate arose thereon.

Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.

The Order was read for the consideration at report stage and second reading of Bill C–66, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, as reported by the Standing Committee on Human Resources Development with amendments.

By unanimous consent, Motions Nos. 4, 8 and 10 were withdrawn.

Pursuant to Standing Order 76.(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 — Motion No. 1.

Group No. 2 — Motions Nos. 2 and 3

Group No. 3 — Motions Nos. 5 to 7, 9, 45, 49, 50 and 54.

Group No. 4 — Motions Nos. 11, 12, 41 and 51.

Group No. 5 — Motions Nos. 13, 14 and 36.

Group No. 6 — Motions Nos. 15 to 23, 33 to 35, 39 and 44.

Group No. 7 — Motions Nos. 24, 25, 28 to 30 and 32.

Group No. 8 — Motions Nos. 26, 31 and 42.

Group No. 9 — Motions Nos. 27, 37, 38, 40 and 43.

Group No. 10 — Motions Nos. 46 to 48, 52 and 53.

Group No. 1

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 1, — That Bill C–66 be amended by adding before line 4 on page 1 the following new Clause:

“0.1.

The definition of ‘federal work, undertaking or business’ in section 2 of the Canada Labour Code is amended by adding the following after paragraph (j):

but not including any flour mill or other undertaking for the milling of grain;”

Debate arose on the motion in Group No. 1.

The question was put on Motion No. 1 and it was negatived.

Group No. 2

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 2, — That Bill C–66 be amended by adding after line 15 on page 1 the following new Clause:

“1.1 The Act is amended by adding the following after section 4:

4.1.

(1)

This Part applies in respect of the Professional Institute of the Public Service, its members and the employers of those members.

(2)

The Minister shall, not later than six months after the coming into force of this section, by regulation, amend or repeal those provisions in any Act of Parliament whose amendment or repeal are necessary to the effective application of Part I to the Professional Institute of the Public Service, its members and the employers of those members.”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 3, — That Bill C–66 be amended by adding after line 15 on page 1 the following new Clause:

“1.1 The Act is amended by adding the following after section 4:

4.1.

(1)

This Part applies in respect of the Public Service Alliance, its members and the employers of those members.

(2)

The Minister shall, not later than six months after the coming into force of this section, by regulation, amend or repeal those provisions in any Act of Parliament whose amendment or repeal are necessary to the effective application of Part I to the Public Service Alliance, its members and the employers of those members.”

Debate arose on the motions in Group No. 2.

The question was put on Motion No. 2 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 3 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 3

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 5, — That Bill C–66, in Clause 2, be amended by replacing lines 14 and 15 on page 5 with the following:

 

“any fees, that may be fixed by the Governor in Council pursuant to the recommendation made by the committee of the House of Commons referred to in subsection (1.1).

(1.1)

Such committee of the House of Commons as is designated or established to consider matters respecting the development of human resources shall, for the purposes of subsection (1), recommend the fees to be fixed by the Governor in Council under that subsection. “

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 6, — That Bill C–66, in Clause 2, be amended by adding after line 24 on page 5 the following:

 

“(3)

Where a part-time member is paid travel and living expenses by virtue of subsection (2), and those expenses are incurred in the course of carrying out duties and responsibilities under this Act in respect of a dispute heard or determined by the Board, the parties to the dispute shall reimburse Her Majesty in right of Canada in equal parts for the money paid to the part-time member for those expenses and that money, until paid, constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to Her Majesty in right of Canada.”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 7, — That Bill C–66, in Clause 2, be amended by

1. replacing line 6 on page 8 with the following:

   “13. (1) The head office of the Board must be in”

2. replacing line 9 on page 8 with the following:

   “the Board may establish, with the approval of the committee of the House of Commons referred to in subsection (2), any other offices”

3. adding after line 12 on page 8 the following:

   “(2) Such committee of the House of Commons as is designated or established to consider matters respecting the development of human resources shall, for the purposes of subsection (1), either approve or reject the establishment of any other offices of the Board under that subsection.”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 9, — That Bill C–66, in Clause 16, be amended by replacing lines 23 to 25 on page 15 with the following:

“the Board may revoke the appointment”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 45, — That Bill C–66 be amended by deleting Clause 46.

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 49, — That Bill C–66, in Clause 50, be amended by replacing line 36 on page 36 with the following:

“controlled by their employer, who have consented to the release of that information, and authorize the”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 50, — That Bill C–66, in Clause 68, be amended by replacing lines 2 to 7 on page 41 with the following:

“shall present the report to the Standing Committee of the House of Commons on Human Resource Development at the first meeting of the committee following the completion of the report.”

Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin (Minister of Indian Affairs and Northern Development), moved Motion No. 54, — That Bill C–66, in Clause 93, be amended by adding after line 45 on page 46 the following:

 

“(3)

Any amount appropriated for the fiscal year that includes the commencement day, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Board and that, on the commencement day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Board.”

Recommendation
(Pursuant to Standing Order 76.(3))

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 to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts”. That Bill C–66, in Clause 93, be amended by adding after line 45 on page 46 the following:

 

“(3)

Any amount appropriated for the fiscal year that includes the commencement day, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Board and that, on the commencement day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Board.”

Debate arose on the motions in Group No. 3.

The question was put on Motion No. 5 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 6 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 7 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 9 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 45 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 49 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 50 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 54 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 4

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 11, — That Bill C–66 be amended by deleting Clause 24.

Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin (Minister of Indian Affairs and Northern Development), moved Motion No. 12, — That Bill C–66, in Clause 24, be amended by replacing lines 6 to 15 on page 19 with the following:

 

“longer in force,

(a)

provided pre-board security screening services to another employer, or to a person acting on behalf of that other employer, in an industry referred to in paragraph (e) of the definition ‘federal work, undertaking or business’ in section 2; or

(b)

provided any other service that may be designated by regulation of the Governor in Council, on the recommendation of the Minister, to another employer or a person acting on behalf of that other employer in any industry that may be designated by regulation of the Governor in Council on the recommendation of the Minister.”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 41, — That Bill C–66, in Clause 45, be amended by

1. replacing line 34 on page 34 with the following:

   “tion 24(4) or 34(6), section 37, 50 or 69,”

2. replacing line 41 on page 34 with the following:

   “subsection 24(4), paragraph“

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 51, — That Bill C–66 be amended by deleting Clause 72.

Debate arose on the motions in Group No. 4.

Pursuant to Standing Order 31, Members made statements.

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

Pursuant to Standing Order 32(2), Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Orders in Council approving certain appointments made by the Governor General in Council, pursuant to Standing Order 110(1), as follows:

1. P.C. 1997-214 to P.C. 1997-218. — Sessional Paper No. 8540-352-14I. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Citizenship and Immigration);
2. P.C. 1997-211. — Sessional Paper No. 8540-352-16I. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Human Resources Development);
3. P.C. 1997-209 and P.C. 1997-210. — Sessional Paper No. 8540-352-10I. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Fisheries and Oceans);
4. P.C. 1997-208. — Sessional Paper No. 8540-352-1E. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Aboriginal Affairs and Northern Development);
5. P.C. 1997-205 to P.C. 1997-207. — Sessional Paper No. 8540-352-5K. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Procedure and House Affairs).

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Pursuant to Standing Order 32(2), Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

1. Nos. 352-0889, 352-0890, 352-1065, 352-1132 and 352-1462 concerning national parks. — Sessional Paper No. 8545-352-96A;
2. Nos. 352-1122 and 352-1473 concerning sentences in the Criminal Code. — Sessional Paper No. 8545-352-22F;
3. No. 352-1174 concerning Bell Canada. — Sessional Paper No. 8545-352-6C;
4. No. 352-1204 concerning the pharmaceutical industry. — Sessional Paper No. 8545-352-94C;
5. Nos. 352-1409 to 352-1412 concerning the issuing of visas. — Sessional Paper No. 8545-352-100A.

Mr. Peters (Secretary of State (International Financial Institutions)) laid upon the Table, — Notice of a Ways and Means motion to amend the Income Tax Act, the Income Tax Application Rules and another Act related to the Income Tax Act. (Ways and Means Proceedings No. 19) — Sessional Paper No. 8570-352-23.

Pursuant to Standing Order 83(2), at the request of Mr. Peters (Secretary of State (International Financial Institutions)), an Order of the Day was designated for the consideration of this Ways and Means motion.

Pursuant to Standing Order 79(3), the Speaker read a Message from His Excellency the Governor General, presented by Mr. Massé (President of the Treasury Board).

Message on Estimates

His Excellency the Governor General transmits to the House of Commons Supplementary Estimates (B) of sums required for the service of Canada for the fiscal year ending on March 31, 1997, and, in accordance with section 54 of the Constitution Act, 1867, recommends these Estimates to the House of Commons.

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Mr. Massé (President of the Treasury Board) laid upon the Table, — Document entitled “Supplementary Estimates (B), 1996-97”. — Sessional Paper No. 8520-352-165.

Mr. Caccia (Davenport), from the Standing Committee on Environment and Sustainable Development, presented the 4th Report of the Committee (Bill C–65, An Act respecting the protection of wildlife species in Canada from extirpation or extinction, with amendments). — Sessional Paper No. 8510-352-80.

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 5, which includes this Report) was tabled.

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Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons), from the Standing Committee on Procedure and House Affairs, presented the 57th Report of the Committee, which was as follows:

The Committee recommends, pursuant to Standing Orders 104 and 114, the following change in the membership of the Standing Committee:

The Committee also recommends, pursuant to Standing Orders 104 and 114, that the following Members be added to the list of Associate Members of Standing Committees:

The Committee further recommends, pursuant to Standing Order 104(3), the following changes in the membership of Standing Joint Committees:

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 3, which includes this Report) was tabled.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mrs. Ablonczy (Calgary North), seconded by Mr. Strahl (Fraser Valley East), Bill C–377, An Act to amend the Referendum Act, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Pursuant to Standing Orders 81(5) and (6), Mr. Massé (President of the Treasury Board), seconded by Mr. Peters (Secretary of State (International Financial Institutions)), moved, — That Supplementary Estimates (B) for the fiscal year ending March 31, 1997, laid upon the Table earlier today, be referred to the several Standing Committees of the House as follows:

1. to the Standing Committee on Aboriginal Affairs and Northern Development

   Indian Affairs and Northern Development, Votes 1b, 5b, 6b, 7b, 15b, 35b and 36b

2. to the Standing Committee on Agriculture and Agri-Food

   Agriculture and Agri-Food, Votes 1b, 3b and 10b

3. to the Standing Committee on Canadian Heritage

   Canadian Heritage, Votes 1b, 5b, 10b, L21b, 25b, 40b, 55b, 65b, 75b, 105b and 135b

4. to the Standing Committee on Citizenship and Immigration

   Citizenship and Immigration, Votes 1b, 2b, 10b and 15b

5. to the Standing Committee on Environment and Sustainable Development

   Environment, Votes 1b and 10b
   Privy Council, Vote 30b

6. to the Standing Committee on Finance

   Finance, Votes 1b and 40b
   National Revenue, Votes 1b, 5b and 10b

7. to the Standing Committee on Fisheries and Oceans

   Fisheries and Oceans, Votes 1b, 2b and 3b

8. to the Standing Committee on Foreign Affairs and International Trade

   Foreign Affairs, Votes 10b, 11b, 15b, 20b and 21b

9. to the Standing Committee on Government Operations

   Canadian Heritage, Vote 130b
   Governor General, Vote 1b
   Parliament, Vote 1b
   Privy Council, Votes 1b, 5b, 6b and 10b
   Public Works and Government Services, Votes 5b, 14b, 15b and 20b
   Treasury Board, Votes 1b and 10b

10. to the Standing Committee on Health

    Health, Votes 10b, 25b and 30b

11. to the Standing Committee on Human Resources Development

    Human Resources Development, Votes 1b, 6b, 15b, 25b and 40b

12. to the Standing Committee on Human Rights and the Status of Persons with Disabilities

    Justice, Vote 21b

13. to the Standing Committee on Industry

    Industry, Votes 1b, 2b, 21b, 25b, 26b, 40b, 50b, 70b, 90b, 100b, 105b, 110b and 120b

14. to the Standing Committee on Justice and Legal Affairs

    Justice, Votes 1b, 5b, 15b and 20b
    Solicitor General, Votes 1b, 30b and 35b

15. to the Standing Committee on National Defence and Veterans Affairs

    National Defence, Votes 1b, 5b and 10b
    Veterans Affairs, Vote 10b

16. to the Standing Committee on Natural Resources

    Natural Resources, Votes 1b, 10b, 20b and 25b

17. to the Standing Committee on Transport

    Transport, Votes 10b, 20b, 34b, 38b and 39b

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

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By unanimous consent, Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons), seconded by Mr. Kilger (Stormont–Dundas), moved, — That the 57th Report of the Standing Committee on Procedure and House Affairs, presented earlier today, be concurred in.

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

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

• by Mr. Lastewka (St. Catharines), one concerning tobacco (No. 352-1811);
• by Mrs. Terrana (Vancouver East), one concerning the tax on gasoline (No. 352-1812), one concerning the highway system (No. 352-1813) and one concerning taxes on books (No. 352-1814);
• by Mr. Strahl (Fraser Valley East), one concerning abortion (No. 352-1815), one concerning Canadian Forces bases (No. 352-1816), one concerning nuclear weapons (No. 352-1817) and two concerning sex offenders (Nos. 352-1818 and 352-1819);
• by Mr. Mills (Red Deer), one concerning the highway system (No. 352-1820);
• by Mr. Scott (Fredericton–York–Sunbury), one concerning impaired driving (No. 352-1821), one concerning nuclear weapons (No. 352-1822) and one concerning illicit drug use (No. 352-1823);
• by Mr. Harper (Simcoe Centre), one concerning the highway system (No. 352-1824) and one concerning the sexual exploitation of minors (No. 352-1825);
• by Mr. Gallaway (Sarnia–Lambton), one concerning banks (No. 352-1826);
• by Mr. Adams (Peterborough), one concerning aboriginal affairs (No. 352-1827);
• by Mr. Paré (Louis-Hébert), one concerning the tax on gasoline (No. 352-1828);
• by Mr. Hill (Prince George–Peace River), one concerning the tax on gasoline (No. 352-1829).

Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answers to questions Q–4 and Q–92 on the Order Paper.

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Pursuant to Standing Order 39(7), the following question was made an Order of the House for Return:

Q–80 — Mr. Bergeron (Verchères) — With regard to the total budget for the Department of Natural Resources, and for each year since the 1987 fiscal year: (a) how much (in actual figures) and what proportion (in percentages) of its research and development budgets have been invested in Quebec, (b) how much and what percentage have been invested in Ontario (including the Ontario side of the national capital region and excluding the Quebec side of the national capital region), (c) what economic spin-off effects have there been from the Candu reactors in Quebec, (d) what economic spin-off effects have there been in Ontario, and (e) what financial commitment has the department made to the neutrino detection project in Ontario, the Triumph project in British Columbia and to Chalk River, Ontario?

Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the Return to this Order. — Sessional Paper No. 8555-352-80.

The House resumed consideration at report stage and second reading of Bill C–66, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, as reported by the Standing Committee on Human Resources Development with amendments;

And of the motions in Group No. 4 (Motions Nos. 11, 12, 41 and 51).

The debate continued on the motions in Group No. 4.

The question was put on Motion No. 11 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 41 and 51, was deferred.

Group No. 5

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 13, — That Bill C–66 be amended by adding after line 39 on page 19 the following new Clause:

“ 25.1.

Section 52 of the Act is amended by adding the following after subsection (3):

(3.1)

The rationale for the change mentioned in paragraph (3)(c) shall include an analysis of the cost of the change, the benefits expected of the change, the effect on the organization of the work place and the proposed time schedule for implementation.

(3.2)

The employer shall give the bargaining agent sufficient time to enable the bargaining agent to assess the information provided and shall supply any additional information and technological and financial explanation that the bargaining agent reasonably requests to facilitate the assessment.

(3.3)

No alteration may be made to the terms and conditions or security of employment of an employee as a result of technological change unless the employer has complied with this section and an agreement on the alteration has been reached between the bargaining agent and the employer.”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 14, — That Bill C–66 be amended by adding after line 28 on page 21 the following new Clause:

“29.1 The Act is amended by adding the following after section 68:

68.1.

If a collective agreement expires and no new agreement has been made between the employer and the bargaining agent, the terms and conditions in the expired agreement shall continue to apply to the employees in the bargaining unit until a new agreement has been made.”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 36, — That Bill C–66, in Clause 42, be amended by replacing line 31 on page 32 with the following:

“(c) expresses a personal point of view, other than during the period an application for certification as a bargaining agent is being determined by the Board pursuant to sections 28 to 47, so“

Debate arose on the motions in Group No. 5.

The question was put on Motion No. 13 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 14 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 36 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 6

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 15, — That Bill C–66, in Clause 37, be amended by replacing lines 40 and 41 on page 25 with the following:

“notice to the employer indicating the date on which”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 16, — That Bill C–66, in Clause 37, be amended by replacing lines 5and 6 on page 26 with the following:

“notice to the trade union indicating the date on which”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 17, — That Bill C–66, in Clause 37, be amended by replacing lines 12 and 13 on page 26 with the following:

“subsection (1) or (2), a new notice need not be given by the trade”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 18, — That Bill C–66, In Clause 37, be amended by deleting lines 16 to 44 on page 26 and lines 1 to 17 on page 27.

Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin (Minister of Indian Affairs and Northern Development), moved Motion No. 19, — That Bill C–66, in Clause 37, be amended by

1. replacing line 19 on page 26 with the following:

   “within the previous sixty days or any longer period that may be agreed to in writing by the trade union and the employer, held a secret”

2. replacing line 26 on page 26 with the following:

   “has, within the previous sixty days or such longer period that may be agreed in writing by the trade union and the employers’ organization, held a”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 20, — That Bill C–66, in Clause 37, be amended by deleting lines 31 to 36 on page 26.

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 21, — That Bill C–66, in Clause 37, be amended by deleting lines 37 to 44 on page 26.

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 22, — That Bill C–66, in Clause 37, be amended by deleting lines 1 to 8 on page 27.

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 23, — That Bill C–66, in Clause 37, be amended by deleting lines 9 to 17 on page 27.

Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin (Minister of Indian Affairs and Northern Development), moved Motion No. 33, — That Bill C–66, in Clause 38, be amended by replacing line 13 on page 31 with the following:

“given pursuant to a provision of this Part, other than subsection 49(1); and”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 34, — That Bill C–66, in Clause 39, be amended by replacing lines 16 to 42 on page 31 with the following:

“39. (1) Subsection 89(1) is replaced by the following:

89.

(1)

No employer shall declare or cause a lockout and no trade union shall declare or authorize a strike unless the employer or trade union has given notice to bargain collectively under this Part.

(2)

Paragraph 89(2) (b) of the Act is replaced by the following:

(b)

the requirement of subsection (1) has been met in respect of the bargaining unit of which the employee is a member.”

Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin (Minister of Indian Affairs and Northern Development), moved Motion No. 35, — That Bill C–66, in Clause 39, be amended by replacing line 20 on page 31 with the following:

“(d) twenty-one days have elapsed after the date”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 39, — That Bill C–66, in Clause 42, be amended by

1. replacing lines 4 and 5 on page 33 with the following:

   “(d.1) where the requirement of subsection 89(1) has been met, cancel or”

2. replacing lines 13 and 14 on page 33 with the following:

   “(d.2) where the requirement of subsection 89(1) has been met and the“

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 44, — That Bill C–66, in Clause 45, be amended by replacing lines 42 and 43 on page 35 with the following:

“was entitled before the requirement of subsection 89(1) was met;”

Debate arose on the motions in Group No. 6.

Mr. Gray (Leader of the Government in the House of Commons and Solicitor General of Canada) gave notice of the intention to move a motion at the next sitting of the House, pursuant to Standing Order 78(3), for the purpose of allotting a specified number of days or hours for the consideration and disposal of the report stage and third reading stage of Bill C–71, An Act to regulate the manufacture, sale, labelling and promotion of tobacco products, to make consequential amendments to another Act and to repeal certain Acts.

The House resumed consideration at report stage and second reading of Bill C–66, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, as reported by the Standing Committee on Human Resources Development with amendments;

And of the motions in Group No. 6 (Motions Nos. 15 to 23, 33 to 35, 39 and 44.)

The debate continued on the motions in Group No. 6.

The question was put on Motion No. 15 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 16 and 17, was deferred.

The question was put on Motion No. 18 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 33 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 34 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 39 and 44, was deferred.

Group No. 7

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 24, — That Bill C–66, in Clause 37, be amended by replacing line 25 on page 27 with the following:

“of the public or the causing of severe economic hardship to the national economy.”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 25, — That Bill C–66, in Clause 37, be amended by

1. replacing line 20 on page 28 with the following:

   “danger to the safety or health of the public or cause severe economic hardship to the national economy, the”

2. replacing line 28 on page 28 with the following:

   “or health of the public or the causing of severe economic hardship to the national economy;”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 28, — That Bill C–66, in Clause 37, be amended by replacing line 8 on page 30 with the following:

“they normally provide to ensure the uninterrupted export of commodities from point of origin to final destination and the tie-up,”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 29, — That Bill C–66, in Clause 37, be amended by replacing line 9 on page 30 with the following:

“let-go and loading of vessels and the”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 30, — That Bill C–66, in Clause 37, be amended, in the English version, by replacing line 10 on page 30, with the following:

“movement of vessels in and out of a”

Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin (Minister of Indian Affairs and Northern Development), moved Motion No. 32, — That Bill C–66, in Clause 37, be amended by deleting lines 28 to 46 on page 30 and lines 1 to 6 on page 31.

Debate arose on the motions in Group No. 7.

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Pursuant to Standing Order 26(1), Mr. Kilger (Stormont–Dundas), seconded by Mr. Proud (Parliamentary Secretary to the Minister of Labour), moved, — That the House continue to sit beyond the ordinary hour of daily adjournment for the purpose of considering the report stage and second reading of Bill C–66, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts .

The question was put on the motion and, less than 15 Members having risen to object, pursuant to standing Order 26(2), the motion was adopted.

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The House resumed consideration at report stage and second reading of Bill C–66, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, as reported by the Standing Committee on Human Resources Development with amendments;

And of the motions in Group No. 7 (Motions Nos. 24, 25, 28 to 30 and 32.)

The debate continued on the motions in Group No. 7.

The question was put on Motion No. 24 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 25, was deferred.

The question was put on Motion No. 28 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 29 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 30, was deferred.

The question was put on Motion No. 32 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 8

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 26, — That Bill C–66, in Clause 37, be amended by replacing line 6 on page 29 with the following:

“the trade union, direct that final offer selection arbitration be used as a method of”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 31, — That Bill C–66, in Clause 37, be amended by replacing line 26 on page 30 with the following:

“make an order directing the parties to adopt final offer selection arbitration as a method of resolving the issues in dispute between the parties for the purpose of ensuring the settlement of the dispute to”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 42, — That Bill C–66, in Clause 45, be amended by replacing line 10 on page 35 with the following:

“final offer selection arbitration as the method of resolving those terms,”

Debate arose on the motions in Group No. 8.

The question was put on Motion No. 26 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 31 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 42 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 9

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 27, — That Bill C–66, in Clause 37, be amended by adding after line 9 on page 29 the following:

 

“(9)

Nothing in this section authorizes an employer to use the services of a person who was not an employee in the bargaining unit at the commencement of the strike or lock-out to perform all or part of the duties of an employee in the bargaining unit on strike or locked out.”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 37, — That Bill C–66, in Clause 42, be amended by deleting lines 35 to 46 on page 32.

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Althouse (Mackenzie), moved Motion No. 38, — That Bill C–66, in Clause 42, be amended by replacing lines 38 to 40 on page 32 with the following:

“behalf of an employer shall use the services of a person”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 40, — That Bill C–66 be amended by adding after line 22 on page 33 the following:

“42.1 The Act is amended by adding the following after section 94:

94.1.

(1)

No employer or person acting on behalf of an employer shall use, thereby undermining a trade union’s representational capacity, the services of a person who was not an employee in the bargaining unit on the date on which notice to bargain collectively was given and who was hired or assigned after that date to perform all or part of the duties of an employee in the bargaining unit on strike or locked out.

(2)

The use by an employer of the services of a person described in subsection (1) is deemed to undermine the trade union’s representational capacity.

(3)

Where a trade union alleges that an employer has contravened subsection (1), the burden of proof that the use by the employer of the services of a person described in subsection (1) does not undermine the trade union’s representational capacity is on the employer.

(4)

In any case arising under section 87.4, no employer or person acting on behalf of an employer shall use the services of a person who was not an employee in the bargaining unit on the date on which notice to bargain collectively was given and who was hired or assigned after that date to perform all or part of the duties of an employee in the bargaining unit on strike or locked out.”

Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary Northeast), moved Motion No. 43, — That Bill C–66, in Clause 45, be amended by deleting lines 24 to 33 on page 35.

Debate arose on the motions in Group No. 9.

The question was put on Motion No. 27 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 37 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 43, was deferred.

The question was put on Motion No. 40 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 10

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Althouse (Mackenzie), moved Motion No. 46, — That Bill C–66 be amended by adding after line 25 on page 36 the following:

“48.1.

Section 107 of the Act is repealed.”

Mr. Ménard (Hochelaga–Maisonneuve), seconded by Mrs. Lalonde (Mercier), moved Motion No. 47, — That Bill C–66 be amended by adding after line 25 on page 36 the following new Clause:

“48.1.

Section 108 of the Act is repealed.”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Althouse (Mackenzie), moved Motion No. 48, — That Bill C–66 be amended by adding after line 25 on page 36 the following:

“48.1.

The heading before section 108.1 and section 108.1 of the Act are repealed.”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Althouse (Mackenzie), moved Motion No. 52, — That Bill C–66 be amended by adding after the heading “Public Service Staff Relations Act” on page 43 the following:

“80.1.

The heading before section 90.1 and section 90.1 of the Public Service Staff Relations Act are repealed.”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Althouse (Mackenzie), moved Motion No. 53, — That Bill C–66 be amended by replacing lines 25 and 26 on page 43 with the following:

“81.

Part I of Schedule I to the Act is amended by“

Debate arose on the motions in Group No. 10.

The question was put on Motion No. 46 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 47 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 48 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 52 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 53, was deferred.

Pursuant to Standing Order 76(8), the House proceeded to the taking of the deferred divisions at report stage and second reading of Bill C–66, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, as reported by the Standing Committee on Human Resources Development with amendments.

Pursuant to Standing Order 45, the recorded divisions were further deferred until Tuesday, March 4, 1997, at the expiry of the time provided for Government Orders.

Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:

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

• by Mr. Proud (Hillsborough), one concerning profits from crime (No. 352-1830) and two concerning child poverty (Nos. 352-1831 and 352-1832).

At 7:58 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).