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HOUSE OF COMMONS OF CANADA
35th PARLIAMENT, 2nd SESSION
JOURNALS
No. 58
Monday, June 10, 1996
11:00 a.m.
PRAYERS
PRIVATE MEMBERS' BUSINESS
At 11:03 a.m., pursuant to Standing Order 30(7), the House proceeded to the consideration of Private Members' Business.
Mr. Gilmour (Comox -- Alberni), seconded by Mr. Harris (Prince George -- Bulkley Valley), moved, -- That, in the opinion of this House, the government should provide a greater measure of protection for individual property rights by amending the Canadian Bill of Rights to read:
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"1. Subject to such reasonable limits prescribed by law as
can be demonstrably justified in a free and democratic
society, every person has the right to the enjoyment of that
person's personal and real property and the right not to be
deprived thereof unless the person
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(a) is accorded a fair hearing in accordance with the
principles of fundamental justice, and
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(b) is paid fair compensation in respect of the property,
and the amount of that compensation is fixed impartially,
and is paid within a reasonable amount of time after the
person is deprived of their property.
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2. Any person whose rights, as set out in section 1, have been infringed or
denied may apply to a court of competent jurisdiction to obtain such remedy as
the court considers appropriate and just in the circumstances." (Private
Members' Business M-205)
Debate arose thereon.
Pursuant to Standing Order 93, the Order was dropped to the bottom of the order of precedence on the Order Paper.
GOVERNMENT ORDERS
The Order was read for the second reading and reference to the Standing Committee on Justice and Legal Affairs of Bill C-17, An Act to amend the Criminal Code and certain other Acts.
Mr. Goodale (Minister of Agriculture and Agri-Food) for Mr. Rock (Minister of Justice), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri-Food, Fisheries and Oceans)) moved, -- That the Bill be now read a second time and referred to the Standing Committee on Justice and Legal Affairs.
Debate arose thereon.
The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, June 11, 1996, at 5:30 p.m.
The Order was read for the second reading and reference to the Standing Committee on Justice and Legal Affairs of Bill C-27, An Act to amend the Criminal Code (child prostitution, child sex tourism, criminal harassment and female genital mutilation).
Mr. Peters (Secretary of State (International Financial Institutions)) for Mr. Rock (Minister of Justice), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Justice and Legal Affairs.
Debate arose thereon.
STATEMENTS BY MEMBERS
Pursuant to Standing Order 31, Members made statements.
ORAL QUESTIONS
Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
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) No. 352-0228 concerning the unemployment insurance program. -- Sessional Paper No. 8545-352-37D; (2) Nos. 352-0438, 352-0489, 352-0505 and 352-0506 concerning veterans' affairs. -- Sessional Paper No. 8545-352-10E.
Presenting Reports from Committees
Mr. Bertrand (Pontiac -- Gatineau -- Labelle), from the Standing Committee on Aboriginal Affairs and Northern Development, presented the 2nd Report of the Committee (Sharing the Knowledge: The Path to Success and Equal Opportunities in Education). -- Sessional Paper No. 8510-352- 18.
Pursuant to Standing Order 109, the government was requested by the Committee to table a comprehensive response.
A copy of the relevant Minutes of Proceedings (Issues Nos. 1 to 7 of the 1st Session of the 35th Parliament and Issue No.1, which includes this Report) was tabled.
Introduction of Government Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Anderson (Minister of Transport), seconded by Mr. Irwin (Minister of Indian Affairs and Northern Development), Bill C-44, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence, 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))
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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 for making the system of Canadian
ports competitive, efficient and commercially oriented,
providing for the establishing of port authorities and the
divesting of certain harbours and ports, for the
commercialization of the St. Lawrence Seaway and ferry
services and other matters related to maritime trade and
transport and amending the Pilotage Act and amending and
repealing other Acts as a consequence".
Introduction of Private Members' Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Frazer (Saanich -- Gulf Islands), seconded by Mr. Strahl (Fraser Valley East), Bill C-300, An Act respecting the establishment and award of a Canadian Volunteer Service Medal and Clasp for United Nations Peacekeeping to Canadians serving with a United Nations peacekeeping force, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.
Presenting Petitions
Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:
-- by Mr. Duhamel (St. Boniface), one concerning sexual orientation (No. 352- 0622);
-- by Mr. Cannis (Scarborough Centre), one concerning profits from crime (No. 352-0623);
-- by Mr. Vanclief (Prince Edward -- Hastings), four concerning sexual orientation (Nos. 352-0624 to 352-0627);
-- by Mr. Shepherd (Durham), one concerning Constitutional amendments (No. 352- 0628);
-- by Ms. Torsney (Burlington), two concerning sexual orientation (Nos. 352- 0629 and 352-0630) and one concerning euthanasia (No. 352-0631);
-- by Mr. Calder (Wellington -- Grey -- Dufferin -- Simcoe), one concerning profits from crime (No. 352-0632) and two concerning sexual orientation (Nos. 352-0633 and 352-0634);
-- by Mr. Harris (Prince George -- Bulkley Valley), four concerning impaired driving (Nos. 352-0635 to 352-0638);
-- by Mr. Szabo (Mississauga South), one concerning the income tax system (No. 352-0639) and one concerning alcoholic beverages (No. 352-0640);
-- by Mr. Bertrand (Pontiac -- Gatineau -- Labelle), one concerning national unity (No. 352-0641);
-- by Ms. Meredith (Surrey -- White Rock -- South Langley), one concerning veterans' affairs (No. 352-0642) and one concerning the tax on gasoline (No. 352-0643);
-- by Mr. McTeague (Ontario), one concerning veterans' affairs (No. 352-0644);
-- by Mrs. Hayes (Port Moody -- Coquitlam), one concerning sexual orientation (No. 352-0645) and two concerning abortion (Nos. 352-0646 and 352-0647);
-- by Mrs. Ur (Lambton -- Middlesex), three concerning sexual orientation (Nos. 352-0648 to 352-0650);
-- by Mr. McWhinney (Vancouver Quadra), one concerning sexual orientation (No. 352-0651).
Questions on Order Paper
Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answer to question Q-19 on the Order Paper.
Pursuant to Standing Order 39(7), the following question was made an Order of the House for Return:
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Q-2 -- Mr. Breitkreuz (Yorkton -- Melville) -- For each of the last
five calendar years, how many claims have been made by
federal prisoners against the Government of Canada for
injuries or damages suffered while the prisoners were under
the government's care in federal penitentiaries, (a) how
many of these claims have been settled, withdrawn or are
still pending, and (b) what is the amount of the initial
claim and the amount of the settlement in each case that has
been settled?
Mr. Zed (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the Return to this Order. -- Sessional Paper No. 8555-352-2.
GOVERNMENT ORDERS
The House resumed consideration of the motion of Mr. Rock (Minister of Justice), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri-Food, Fisheries and Oceans)), -- That Bill C-27, An Act to amend the Criminal Code (child prostitution, child sex tourism, criminal harassment and female genital mutilation), be now read a second time and referred to the Standing Committee on Justice and Legal Affairs.
The debate continued.
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 Justice and Legal Affairs.
The Order was read for the consideration at report stage of Bill C-26, An Act respecting the oceans of Canada, as reported by the Standing Committee on Fisheries and Oceans with amendments.
Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:
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Group No. 2 -- Motions Nos. 1 to 4
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Group No. 3 -- Motions Nos. 5, 22, 38, 42, 43, 47 to 49, 51, 52, 57 to 64, 72,
74, 75, and 89 to 91
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Group No. 4 -- Motions Nos. 7, 11 to 13, 15, 16 and 31
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Group No. 5 -- Motions Nos. 8, 9, 14, 17 to 21, 23, and 32 to 35
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Group No. 6 -- Motions Nos. 24 to 27, 39 and 66
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Group No. 7 -- Motions Nos. 28 to 30
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Group No. 8 -- Motions Nos. 36, 37, 40, 41, 44 to 46, 50, 53, 56 and 73
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Group No. 9 -- Motions Nos. 54, 55, 69, 71 and 92
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Group No. 10 -- Motion No. 65
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Group No. 11 -- Motion Nos. 67, 68 and 70
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Group No. 12 -- Motions Nos. 76, 78, 80, 82 and 88
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Group No. 13 -- Motions Nos. 77, 79, 81, and 83 to 87.
Group No. 2
Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Irwin (Minister of Indian Affairs and Northern Development), moved Motion No. 1, -- That Bill C-26, in the Preamble, be amended by replacing lines 1 to 31, on page 1, with the following:
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"WHEREAS Canada recognizes that the three oceans, the
Arctic, the Pacific and the Atlantic, are the common
heritage of all Canadians;
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WHEREAS Parliament wishes to reaffirm Canada's role as
a world leader in oceans and marine resource management;
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WHEREAS Parliament wishes to affirm in Canadian
domestic law Canada's sovereign rights, jurisdiction and
responsibilities in the exclusive economic zone of Canada;
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WHEREAS Canada promotes the understanding of oceans,
ocean processes, marine resources and marine ecosystems to
foster the sustainable development of the oceans and their
resources;
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WHEREAS Canada holds that conservation, based on an
ecosystem approach, is of fundamental importance to
maintaining biological diversity and productivity in the
marine environment;
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WHEREAS Canada promotes the wide application of the
precautionary approach to the conservation, management and
exploitation of marine resources in order to protect these
resources and preserve the marine environment;
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WHEREAS Canada recognizes that the oceans and their
resources offer significant opportunities for economic
diversification and the generation of wealth for the benefit
of all Canadians, and in particular for coastal communities;
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WHEREAS Canada promotes the integrated management of
oceans and marine resources;
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AND WHEREAS the Minister of Fisheries and Oceans, in
collaboration with other ministers, boards and agencies of
the Government of Canada, with provincial and territorial
governments and with affected aboriginal organizations,
coastal communities and other persons and bodies, including
those bodies established under land claims agreements, is
encouraging the development and".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 2, -- That Bill C-26, in the Preamble, be amended by adding after line 12, on page 1, the following:
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"WHEREAS the provinces of Canada also exercise legislative
jurisdiction with respect to oceans and their resources;".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 3, -- That Bill C-26, in the Preamble, be amended by replacing line 15, on page 1, with the following:
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"sources in concert with the provinces, taking into account
the areas of jurisdiction of each level of government;".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 4, -- That Bill C-26, in the Preamble, be amended by replacing line 28, on page 1, with the following:
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"and Oceans, in collaboration with provincial governments,
with interested".
Debate arose on the motions of Group No. 2.
Mr. Scott (Skeena), seconded by Mr. Benoit (Vegreville), moved the following amendment, -- That Motion No. 3 be amended be deleting the following:
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"taking into account the areas of jurisdiction of each
level of government;".
Debate resumed on the motions of Group No. 2.
The question was put on Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
Group No. 3
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 5, -- That Bill C-26, in Clause 2.1, be amended in the French version by replacing line 16, on page 3, with the following:
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"ne porte pas atteinte aux droits existants -- ancestraux".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 22, -- That Bill C-26, in Clause 23, be amended by replacing line 25, on page 11, with the following:
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"the Minister contain-".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 38, -- That Bill C-26, in Clause 32, be amended in the French version
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(a) by replacing line 11, on page 16, with the following:
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"ral, relativement aux activités ou mesures touchant les";
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(b) by replacing lines 14 to 16, on page 16, with the
following:
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"ment avec d'autres ministres ou organismes fédéraux ou
d'autres personnes de droit public ou de droit privé, et
après avoir pris en considération le point de vue d'autres
ministres et organismes fédéraux, des gouvernements
provinciaux et territoriaux et des organisations
autochtones, des collectivités côtières et des autres
personnes de droit public et de droit privé intéressées, y
compris celles constituées dans le cadre d'accords sur des
revendications territoriales, constituer des organismes de
consul-"; and
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(c) by replacing lines 22 to 26, on page 16, with the
following:
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"ministres et organismes fédéraux, les gouvernements
provinciaux et territoriaux et les organisations
autochtones, les collectivités côtières et les autres
personnes de droit public et de droit privé intéressées, y
compris celles constituées dans le cadre d'accords sur des
revendications territoriales, établir des directives,".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 42, -- That Bill C-26 be amended by deleting Clause 32.1.
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 43, -- That Bill C-26, in Clause 33, be amended in the French version
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(a) by replacing lines 9 to 14, on page 17, with the
following:
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"a) coopère avec d'autres ministres et organismes fédéraux,
les gouvernements provinciaux et territoriaux et les
organisations autochtones, les collectivités côtières et les
autres personnes de droit public et de droit privé
intéressées, y compris celles constituées dans le cadre
d'accords sur des revendications territoriales;"; and
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(b) by replacing lines 30 to 36, on page 17, with the
following:
-
"par la présente partie, le ministre peut consulter d'autres
ministres et organismes fédéraux, les gouvernements
provinciaux et territoriaux et les organisations
autochtones, les collectivités côtières et les autres
personnes de droit public et de droit privé intéressées, y
compris celles constituées dans le cadre d'accords sur des
revendica-".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 47, -- That Bill C-26, in Clause 33, be amended by replacing line 35, on page 17, with the following:
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"Part, the Minister shall act in concert with the provinces
and may consult with other".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 48, -- That Bill C-26, in Clause 33, be amended by replacing line 35, on page 17, with the following:
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"Part, the Minister shall consult with the provinces and the
standing committee and may consult with other".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 49, -- That Bill C-26, in Clause 35, be amended
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(a) in the French version, by replacing line 10, on page 18,
with the following:
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"autres, y compris les mammifères marins, et de";
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(b) in the French version, by replacing lines 21 and 22, on
page 18, with the following:
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"ressources ou habitats marins, pour la réalisation du
mandat du minis-";
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(c) in the English version, by replacing line 25, on page
18, with the following:
-
"ment plans referred to in sections 31 and";
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(d) by replacing lines 33 and 34, on page 18, with the
following:
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"(a) designating marine protected areas; and";
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(e) in the French version, by replacing line 34, on page 18,
with the following:
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"b) prendre toute mesure compatible avec l'objet de la
désignation, notamment:"; and
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(f) in the French version, by deleting lines 39 and 40, on
page 18.
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 51, -- That Bill C-26, in Clause 35, be amended by replacing line 33, on page 18, with the following:
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"(a) with the approval of the standing committee,
establishing marine protected areas".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 52, -- That Bill C-26, in Clause 35, be amended by replacing line 33, on page 18, with the following:
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"(a) establishing protected areas for fishery resources,"
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 57, -- That Bill C-26, in Clause 37, be amended in the French version by replacing line 15, on page 19, with the following:
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"l'exercice d'un pouvoir prévu à l'alinéa 35(3)b)".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 58, -- That Bill C-26, in Clause 39, be amended in the French version by replacing line 11, on page 20, with the following:
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"toute personne agissant sous la direction ou l'autorité".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 59, -- That Bill C-26, in Clause 39.5, be amended by replacing line 41, on page 22, with the following:
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"ture or disposition incurred by Her Majesty in right of
Canada in".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 60, -- That Bill C-26, in Clause 39.6, be amended by replacing lines 34 to 36, on page 23, with the following:
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"(b) the additional fine may exceed the maximum amount of
any fine that may otherwise be imposed under this Act."
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 61, -- That Bill C-26, in Clause 39.7, be amended by replacing line 43, on page 23, with the following:
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"Majesty in right of Canada."
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 62, -- That Bill C-26, in Clause 39.9, be amended in the French version
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(a) by replacing lines 19 and 20, on page 24, with the
following:
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"a) s'abstenir de tout acte ou activité risquant, selon le
tribunal, d'entraîner la continuation de";
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(b) by replacing line 22, on page 24, with the following:
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"b) prendre les mesures que le tribunal estime indi-";
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(c) by replacing line 27, on page 24, with the following:
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"c) publier, de la façon indiquée par le tribunal, les";
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(d) by replacing line 42, on page 24, with the following:
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"g) satisfaire aux autres exigences que le tribunal"; and
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(e) by replacing line 2, on page 25, with the following:
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"du tribunal le montant que celui-ci estime indiqué."
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 63, -- That Bill C-26, in Clause 39.10, be amended by replacing lines 17 to 20, on page 25, with the following:
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"sentence pursuant to the Criminal Code, the court may, in
addition to any probation order made on suspending the
passing of that sentence, make an order containing one or".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 64, -- That Bill C-26, in Clause 39.11, be amended
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(a) in the English version by replacing line 31, on page 25,
with the following:
-
"conviction in respect of an offence may be commenced at";
and
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(b) in the French version by replacing line 22, on page 25,
with the following:
-
"deux ans à compter de la date où le ministre a eu".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 72, -- That Bill C-26, in Clause 42, be amended
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(a) in the English version, by replacing line 4, on page 28,
with the following:
-
"fishing zones of Canada and adjacent waters;"; and
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(b) in the French version, by replacing line 12, on page 28,
with the following:
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"j) effectuer des études pour mettre à profit les".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 74, -- That Bill C-26, in Clause 43, be amended in the French version
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(a) by replacing lines 32 and 33, on page 28, with the
following:
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"peut à cet effet établir ou maintenir -- notamment à bord de
navires -- des instituts de recherche, des labora-";
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(b) by replacing line 36, on page 28, with the following:
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"fonctionnement. Il peut, de plus,"; and
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(c) by replacing lines 41 and 42, on page 28, with the
following:
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"États, aux organismes internationaux et à toute autre
personne."
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 75, -- That Bill C-26, in Clause 45, be amended in the French version
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(a) by replacing lines 24 and 25, on page 29, with the
following:
-
"ves, à l'intention notamment des hydrographes, relativement
à la collecte des données"; and
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(b) by replacing lines 32 and 33, on page 29, with the
following:
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"États, aux organismes internationaux et à toute autre
personne."
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 89, -- That Bill C-26, in Clause 52, be amended by replacing lines 10 and 11, on page 31, with the following:
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"within three years after the coming into force of this
section, be reviewed by the Standing Committee".
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 90, -- That Bill C-26 be amended by adding after line 22, on page 31, the following new Clause:
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"52.1 The Governor in Council may, on the
recommendation of the Minister, make regulations for
carrying out the purposes and provisions of this Act and, in
particular, but without restricting the generality of the
foregoing, may make regulations
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(a) prescribing marine environmental quality requirements
and standards;
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(b) respecting the powers and duties of persons designated
by the Minister as enforcement officers; and
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(c) respecting the implementation of provisions of
agreements made under this Act."
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 91, -- That Bill C-26, in Clause 53, be amended by replacing lines 23 to 25, on page 31, with the following:
-
"53. If Bill C-25, introduced during the second session
of the thirty-fifth Parliament and entitled An Act
respecting regulations and other documents, including the
review,".
Debate arose on the motions of Group No. 3.
Mr. Scott (Skeena), seconded by Mr. Benoit (Vegreville), moved the following amendment, -- That Motion No. 48 be amended be deleting the following:
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"the Provinces and" and "may consult with others".
Mr. Scott (Skeena), seconded by Mr. Benoit (Vegreville), moved the following amendment, -- That Motion No. 90 be amended be substituting the word "requirements" with the word "guidelines".
Debate resumed on the motions of Group No. 3.
The question was put on Motion No. 5 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motions Nos. 22, 38, 42, 43, 49, 57 to 64, 72, 74, 75, 89 and 91, was deferred.
Group No. 4
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 7, -- That Bill C-26, in Clause 5, be amended by replacing line 18, on page 4, with the following:
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"limits of any area, whether or not it is part of the
territory of a province, other than the territorial sea"
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 11, -- That Bill C-26, in Clause 15, be amended by replacing line 19, on page 7, with the following:
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"sources, where they are not contained within the territory
of a province, are vested in Her Majesty in right of".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 12, -- That Bill C-26, in Clause 15, be amended by replacing line 20, on page 7, with the following:
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"Canada or, where the seabed and the subsoil are adjacent to
the seabed and the subsoil of the territorial sea that is
contiguous to the territory of the province, to Her Majesty
in right of a province."
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 13, -- That Bill C-26, in Clause 15, be amended by replacing line 20, on page 7, with the following:
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"Canada or Her Majesty in right of a province, depending on
whether the seabed and subsoil are included in the territory
of the province."
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 15, -- That Bill C-26, in Clause 19, be amended by replacing line 35, on page 8, with the following:
-
"vested in Her Majesty in right of Canada or Her Majesty in
right of a province, depending on whether the continental
shelf is included in the territory of the province."
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 16, -- That Bill C-26, in Clause 19, be amended by replacing line 35, on page 8, with the following:
-
"vested in Her Majesty in right of Canada or, where the
continental shelf is adjacent to the seabed and the subsoil
of the territorial sea that is contiguous to the territory
of the province, to Her Majesty in right of a province."
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 31, -- That Bill C-26, in Clause 28, be amended by replacing line 2, on page 15, with the following:
-
"apply, either directly or indirectly, in respect of lakes,
rivers and their estuaries."
Debate arose on the motions of Group No. 4.
The question was put on Motion No. 7 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 11 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 12 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
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. 31 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
Group No. 5
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 8, -- That Bill C-26, in Clause 8, be amended by replacing line 37, on page 4, with the following:
-
"derogates from any legal right or interest of the provinces
or any legal right or interest held".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 9, -- That Bill C-26, in Clause 9, be amended by deleting lines 17 to 24, on page 5.
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 14, -- That Bill C-26, in Clause 15, be amended by replacing line 22, on page 7, with the following:
-
"derogates from any legal right or interest of the provinces
or any legal right or interest held".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 17, -- That Bill C-26, in Clause 19, be amended by replacing line 37, on page 8, with the following:
-
"derogates from any legal right or interest of the provinces
or any legal right or interest held".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 18, -- That Bill C-26, in Clause 20, be amended by replacing line 39, on page 8, with the following:
-
"20. (1) Outside provincial boundaries, with respect
for the rights of the provinces and subject to any
regulations made".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 19, -- That Bill C-26, in Clause 21, be amended by deleting lines 5 to 12, on page 10.
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 20, -- That Bill C-26, in Clause 23, be amended by replacing line 6, on page 11, with the following:
-
"23. (1) Subject to sub-section (4), in any legal or
other proceedings, a".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 21, -- That Bill C-26, in Clause 23, be amended by replacing line 23, on page 11, with the following:
-
"(2) Subject to subsection (4), in any legal or other
proceedings, a".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 23, -- That Bill C-26, in Clause 23, be amended by adding after line 38, on page 11, the following:
-
"(4) The certificate referred to in this section is not
proof of the truth of the statement contained in it where
the effect of the statement is to abrogate or derogate from
the existing rights or legislative jurisdiction of a
province."
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 32, -- That Bill C-26, in Clause 29, be amended by replacing lines 3 to 15, on page 15, with the following:
-
"29. The Minister, in concert with the provincial
governments and in collaboration with interested per-sons
and bodies and with other ministers, boards and agencies of
the Government of Canada, shall lead and facilitate, with
respect for the rights and legislative jurisdiction of the
provinces, the development and implementation of a national
strategy for the management of marine eco-systems in waters
that form part of Canada or in which Her Majesty the Queen
in right of Canada has sovereign rights under international
law."
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Ms. McLellan (Minister of Natural Resources), moved Motion No. 33, -- That Bill C-26, in Clause 29, be amended in the French version by replacing lines 4 to 10, on page 15, with the following:
-
"d'autres ministres et organismes fédéraux, les
gouvernements provinciaux et territoriaux et les
organisations autochtones, les collectivités côtières et les
autres personnes de droit public et de droit privé
intéressées, y compris celles constituées dans le cadre
d'accords sur des revendications territoriales, dirige et
favorise l'élaboration et la mise en".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 34, -- That Bill C-26, in Clause 31, be amended by replacing lines 29 to 42, on page 15, with the following:
-
"31. The Minister, in concert with the provincial
governments and in collaboration with interested per-sons
and bodies and with other ministers, boards and agencies of
the Government of Canada, shall lead and facilitate, with
respect for the rights and legislative jurisdiction of the
provinces, the development and implementation of plans for
the integrated management of activities in marine waters
that form part of Canada or in which Her Majesty the Queen
in right of Canada has sovereign rights under international
law."
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Ms. McLellan (Minister of Natural Resources), moved Motion No. 35, -- That Bill C-26, in Clause 31, be amended in the French version by replacing lines 31 to 37, on page 15, with the following:
-
"d'autres ministres et organismes fédéraux, les
gouvernements provinciaux et territoriaux et les
organisations autochtones, les collectivités côtières et les
autres personnes de droit public et de droit privé
intéressées, y compris celles constituées dans le cadre
d'accords sur des revendications territoriales, dirige et
favorise l'élaboration et la mise en".
Debate arose on the motions of Group No. 5.
The question was put on Motion No. 8 and, pursuant to Standing Order 76.1(8), the recorded division, which will also apply to Motions Nos. 14 and 17, was deferred.
The question was put on Motion No. 9 and, pursuant to Standing Order 76.1(8), the recorded division, which will also apply to Motion No. 19, was deferred.
The question was put on Motion No. 18 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 20 and, pursuant to Standing Order 76.1(8), the recorded division, which will also apply to Motions Nos. 21 and 23, was deferred.
The question was put on Motion No. 32 and, pursuant to Standing Order 76.1(8), the recorded division, which will also apply to Motion No. 34, was deferred.
Group No. 6
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 24, -- That Bill C-26, in Clause 25, be amended by replacing line 1, on page 12, with the following:
-
"25. The Governor in Council may, in consultation with
the standing committee and the provincial governments, on
the".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 25, -- That Bill C-26, in Clause 25, be amended by replacing line 3, on page 12, with the following:
-
"Affairs, after consultation with the provinces affected,
make regulations".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 26, -- That Bill C-26, in Clause 26, be amended by replacing line 1, on page 13, with the following:
-
"26. (1) The Governor in Council may, in consultation
with the standing committee and the provincial governments,
on the".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 27, -- That Bill C-26, in Clause 26, be amended by replacing line 3, on page 13, with the following:
-
"after consultation with the provinces affected, make
regulations".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 39, -- That Bill C-26, in Clause 32, be amended by replacing line 25, on page 16, with the following:
-
"appropriate, members of those bodies, in consultation with
the provinces and with the approval of the standing
committee,".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 66, -- That Bill C-26, in Clause 40, be amended by adding after line 8, on page 20, the following:
-
"(2) In exercising the powers and in performing the
duties and functions assigned to the Minister under this
Act, the Minister shall, as far as possible, see to it that
the provinces affected by the application of this Act are
consulted."
Debate arose on the motions of Group No. 6.
The question was put on Motion No. 24 and, pursuant to Standing Order 76.1(8), the recorded division, which will also apply to Motion No. 26, was deferred.
The question was put on Motion No. 25 and, pursuant to Standing Order 76.1(8), the recorded division, which will also apply to Motion No. 27, was deferred.
The question was put on Motion No. 39 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
The question was put on Motion No. 66 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
Group No. 7
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 28, -- That Bill C-26, in Clause 27, be amended by replacing lines 29 to 41, on page 14, with the following:
-
"27. A copy of each regulation that the Governor in
Council proposes to make pursuant to paragraph 25(b) or
section 26, and any amendments to the proposed regulation,
shall be published in the Canada Gazette at least 60 days
before the proposed effective date of the regulation or the
amendments to the regulation and a reasonable opportunity
shall be given to interested persons to make representations
with respect to the proposed regulation or the amendments to
the regulation."
Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri- Food, Fisheries and Oceans)), moved Motion No. 29, -- That Bill C-26, in Clause 27, be amended in the French version by replacing line 31, on page 14, with the following:
-
"d'effet, les intéressés -- notamment les provinces -- se".
Mr. Bernier (Gaspé), seconded by Mr. Dubé (Lévis), moved Motion No. 30, -- That Bill C-26, in Clause 27, be amended by deleting lines 38 to 41, on page 14.
Debate arose on the motions of Group No. 7.
The question was put on Motion No. 28 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.
RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:
-- by the Speaker -- Minutes of Proceedings of the Board of Internal Economy of the House of Commons for March 18, 1996, pursuant to Standing Order 148(1). -- Sessional Paper No. 8560-352-2A.
-- by Mr. Mifflin (Minister of Fisheries and Oceans) -- Summaries of the Corporate Plan for the period 1996-97 to 2000-01 and of the Operating and Capital Budgets for 1996-97 of the Freshwater Fish Marketing Corporation, pursuant to the Financial Administration Act, R. S. 1985, c. F-11, sbs. 125(4). -- Sessional Paper No. 8562-352-826. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Fisheries and Oceans)
-- by Mr. Goodale (Minister of Agriculture and Agri-Food) -- Reports of the National Farm Products Council for the period ended March 31, 1996, pursuant to the Access to Information Act and to the Privacy Act, R. S. 1985, c. A-1 and P-21, sbs. 72(2). -- Sessional Paper No. 8561-352-721. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Legal Affairs)
PETITIONS FILED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 36, a petition certified correct by the Clerk of Petitions was filed as follows:
-- by Mr. Lincoln (Lachine -- Lac-Saint-Louis), concerning East Timor (No. 352-0652).
ADJOURNMENT
At 9:38 p.m., pursuant to Order made Wednesday, June 5, 1996, the Speaker adjourned the House until tomorrow at 2:00 p.m., pursuant to Order made Tuesday, May 14, 1996.