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

The House resumed consideration of the motion of Mr. Szabo (Mississauga South), seconded by Mr. Lee (Scarborough–Rouge River), — That, in the opinion of this House, the government should consider amending the Income Tax Act to provide a Care-Giver Tax Credit for those who provide care in the home for pre-school children, the disabled, the chronically-ill or the aged. (Private Members’ Business M–30)

The debate continued.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, November 5, 1996, at 5:30 p.m.

At 11:50 a.m., the sitting was suspended.

At 12:00 p.m., the sitting resumed.

The Order was read for the consideration at report stage of Bill C–41, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act, as reported by the Standing Committee on Justice and Legal Affairs 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 to 3 and 12

Group No. 2 — Motions Nos. 4 to 11

Group No. 3 — Motion No. 13

Group No. 4 — Motion No. 14

Group No. 5 — Motion No. 15

Group No. 1

Mrs. Gagnon (Québec), seconded by Mr. Bellehumeur (Berthier–Montcalm), moved Motion No. 1, — That Bill C–41, in Clause 1, be amended by replacing line 33 on page 2 with the following:

 

 

“the order,

(a.1)

where both spouses or former spouses are not ordinarily resident in the same province at the time an application for a child support order or a variation order in respect of a child support order is made, or the amount of a child support order is to be recalculated pursuant to section 25.1, and the province in which the child in respect of whom the application is made and is ordinarily resident has been designated by an order made under subsection (5), the laws of the province specified in the order,

(a.2)

where an application described in paragraph (a) is made in respect of more than one child and the children are not ordinarily resident in the same province, the Federal Child Support Guidelines, and,”

Mrs. Gagnon (Québec), seconded by Mr. Bellehumeur (Berthier–Montcalm), moved Motion No. 2, — That Bill C–41, in Clause 1, be amended by replacing line 10 on page 3 with the following:

 

“(5)

The Governor in Council shall, by order,“

Mrs. Gagnon (Québec), seconded by Mr. Bellehumeur (Berthier–Montcalm), moved Motion No. 3, — That Bill C–41, in Clause 1, be amended by adding after line 18 on page 3 the following:

 

“(5.1)

Notwithstanding any provision in any Act of Parliament including this Act, the Governor in Council may not amend or repeal an order made under subsection (5) and may not establish guidelines under section 26.1 applicable to a province that has, under subsection (5), been designated a province for the purposes of the definition “applicable guidelines” in subsection (1).”

Mrs. Gagnon (Québec), seconded by Mr. Bellehumeur (Berthier–Montcalm), moved Motion No. 12, — That Bill C–41, in Clause 11, be amended by replacing lines 18 to 20 on page 13 with the following:

“orders for child support, including guidelines”

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. 2, 3 and 12, was deferred.

Group No. 2

Mr. Hill (Prince George–Peace River), seconded by Mr. McClelland (Edmonton Southwest), moved Motion No. 4, — That Bill C–41, in Clause 2, be amended by replacing lines 16 and 17 on page 4 with the following:

 

“(2)

shall do so in accordance with

(a)

the needs of every child in respect of whom the order is being made and the ability of the spouse against whom the order is being made to pay the amount set out in the order; and

(b)

the applicable guidelines.”

Mr. Hill (Prince George–Peace River), seconded by Mr. McClelland (Edmonton Southwest), moved Motion No. 5, — That Bill C–41, in Clause 2, be amended:

1. by replacing line 29 on page 4 with the following:

   “dance with subsection (3) if the”

2. by replacing lines 38 and 39 on page 4 with the following:

   “(b) that determining an amount in accordance with subsection (3) would result in an amount of“

Mrs. Gagnon (Québec), seconded by Mr. Bellehumeur (Berthier–Montcalm), moved Motion No. 6, — That Bill C–41, in Clause 2, be amended by deleting lines 7 to 24 on page 5.

Mr. Hill (Prince George–Peace River), seconded by Mr. McClelland (Edmonton Southwest), moved Motion No. 7, — That Bill C–41, in Clause 5, be amended by replacing line 5 on page 8 with the following:

 

 

“in accordance with

(a)

the needs of every child in respect of whom the order is being made and the ability of the spouse against whom the order is being made to pay the amount set out in the order; and

(b)

the applicable guidelines.”

Mr. Hill (Prince George–Peace River), seconded by Mr. McClelland (Edmonton Southwest), moved Motion No. 8, — That Bill C–41, in Clause 5, be amended

1. by replacing lines 10 and 11 on page 8 with the following:

   “determined in accordance with subsection (6.1) if the court is satisfied”

2. by replacing lines 21 and 22 on page 8 with the following:

   “(b) that determining an amount in accordance with subsection (6.1) would result in an amount of“

Mrs. Gagnon (Québec), seconded by Mr. Fillion (Chicoutimi), moved Motion No. 9, — That Bill C–41, in Clause 5, be amended by deleting lines 31 to 44 on page 8 and lines 1 to 4 on page 9.

Mr. Hill (Prince George–Peace River), seconded by Mr. McClelland (Edmonton Southwest), moved Motion No. 10, — That Bill C–41, in Clause 11, be amended

1. by replacing line 16 on page 13 with the following:

   “26.1 (1) Subject to paragraph 15.1(3)(a), the Governor in Council may”

2. by replacing lines 41 and 42 on page 13 with the following:

   “for the purposes of making a support order in accordance with subsection 15.1(3);”

3. by replacing lines 44 and 45 on page 13 with the following:

   “the purposes of making a support order in accordance with subsection 15.1(3); and“

Mr. Hill (Prince George–Peace River), seconded by Mr. McClelland (Edmonton Southwest), moved Motion No. 11, — That Bill C–41, in Clause 11, be amended

1. by replacing line 16 on page 13 with the following:

   “26.1 (1) Subject to paragraph 17(6.1)(a), the Governor in Council may”

2. by replacing lines 41 and 42 on page 13 with the following:

   “for the purposes of making a variation order in accordance with subsection 17(6.1);”

3. by replacing lines 44 and 45 on page 13 with the following:

   “the purposes of making a variation order in accordance with subsection 17(6.1); and“

Debate arose on the motions in Group No. 2.

The question was put on Motion No. 4 and, pursuant to Standing Order 76.1 (8), the recorded division, which also applies to Motions Nos. 5 and 10, was deferred.

The question was put on Motion No. 6 and, pursuant to Standing Order 76.1 (8), the recorded division, which also applies to Motion No. 9, was deferred.

Group No. 3

Mr. Hill (Prince George–Peace River), seconded by Mr. McClelland (Edmonton Southwest), moved Motion No. 13, — That Bill C–41, in Clause 11, be amended by adding the following after line 11 on page 14:

“26.2.

(1)

The Minister of Justice shall have each proposed guideline laid before the House of Commons.

(2)

Each proposed guideline that is laid before the House of Commons shall, on the day it is laid, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and that committee shall report its findings to that House.

(3)

A proposed guideline that has been laid pursuant to subsection (1) may be established on the expiration of thirty sitting days after it was laid.

(4)

For the purpose of this section, “sitting day” means a day on which the House of Commons sits.”

Debate arose on the motion in Group No. 3.

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. Keyes (Parliamentary Secretary to the Minister of Transport) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

1. Nos. 352-1074 and 352-1083 concerning profits from crime. — Sessional Paper No. 8545-352-97C;
2. No. 352-1075 concerning the parole system. — Sessional Paper No. 8545-352-29G;
3. No. 352-1080 concerning abortion. — Sessional Paper No. 8545-352-26K;
4. No. 352-1082 concerning impaired driving. — Sessional Paper No. 8545-352-73I;
5. No. 352-1085 concerning sexual orientation. — Sessional Paper No. 8545-352-45H.

Pursuant to Standing Order 34(1), Mrs. Picard (Drummond) presented the Report of the Canadian Group of the Inter-Parliamentary Union respecting its participation at the 96th Inter-Parliamentary Conference held in Beijing, China, from September 14 to 21, 1996. — Sessional Paper No. 8565-352-60A.

Ms. Catterall (Ottawa West), from the Standing Committee on Procedure and House Affairs, presented the 42nd 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 further recommends, that where a Member is appointed as permanent member to a Committee in accordance with this report and to which he was previously appointed Associate Member, that the name of the Member be struck from the list of Associate Members of the said Committee.

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 2, which includes this Report) was tabled.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Gagliano (Minister of Labour), seconded by Mr. Martin (Minister of Finance), 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, 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 to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts”.

Mr. Ramsay (Crowfoot), seconded by Miss Grey (Beaver River), moved, — That, no later than the conclusion of Routine Proceedings on the tenth sitting day after the adoption of this motion, Bill C–234, An Act to amend the Criminal Code, shall be deemed reported back to the House without amendment.

A point of order having been raised, the Speaker ordered that the matter be carried on the Order Paper under Motions (Routine Proceedings) until his ruling.

---

By unanimous consent, Ms. Catterall (Ottawa West), seconded by Mr. Kilger (Stormont–Dundas), moved, — That the 42nd 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. Adams (Peterborough), one concerning the pharmaceutical industry (No. 352-1204);
• by Mr. Frazer (Saanich–Gulf Islands), one concerning Canadian U.N. Peacekeepers (No. 352-1205);
• by Mr. Knutson (Elgin–Norfolk), two concerning housing policies (Nos. 352-1206 and 352-1207) and one concerning profits from crime (No. 352-1208);
• by Mr. Shepherd (Durham), one concerning sexual orientation (No. 352-1209) and one concerning taxes on books (No. 352-1210);
• by Mr. Hanger (Calgary Northeast), one concerning sex offenders (No. 352-1211);
• by Mr. Szabo (Mississauga South), one concerning police and firefighters’ death benefits (No. 352-1212), one concerning the income tax system (No. 352-1213) and one concerning alcoholic beverages (No. 352-1214);
• by Miss Grey (Beaver River), one concerning taxes on books (No. 352-1215).

The House resumed consideration at report stage of Bill C–41, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act, as reported by the Standing Committee on Justice and Legal Affairs with amendments;

And of the motion in Group No. 3 (Motion No. 13).

The debate continued.

Mrs. Lalonde (Mercier), seconded by Mrs. Gagnon (Québec), moved the following amendment, — That Motion No. 13 be amended

1. by replacing the words “each proposed guideline” with the following:

   “all guidelines proposed by the Minister”

2. by adding after the words “before the House of Commons” the following:

   “where subsection 26.2(3) has not been applied“

The question was put on the amendment and pursuant to Standing Order 76.1 (8), the recorded division was deferred.

Group No. 4

Mr. Hill (Prince George–Peace River), seconded by Mr. Breitkreuz (Yorkton–Melville), moved Motion No. 14, — That Bill C–41, in Clause 22, be amended by replacing line 2 on page 21 with the following:

“fifty days have expired after the notice”

Debate arose on the motion in Group No. 4.

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

Group No. 5

Mr. Hill (Prince George–Peace River), seconded by Mr. Breitkreuz (Yorkton–Melville), moved Motion No. 15, — That Bill C–41, in Clause 22, be amended by replacing line 6 on page 21 with the following:

“deemed to have been received by a debtor twenty”

Debate arose on the motion in Group No. 5.

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

New Group No. 6

By unanimous consent, Mr. Kirkby (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Arseneault (Parliamentary Secretary to the Deputy Prime Minister and Minister of Canadian Heritage), moved new Motion No. 16, — That Bill C–41, in Clause 5(2), be amended by replacing lines 13 to 15, on page 8, with the following:

“judgment or a written agreement respecting the financial obligations of”

Debate arose on the new motion in new Group No. 6.

The question was put on new Motion No. 16 and it was agreed to on division.

Pursuant to Standing Order 76.1 (8), the House proceeded to the taking of the deferred recorded divisions at report stage of Bill C–41, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act, as reported by the Standing Committee on Justice and Legal Affairs with amendments.

Pursuant to Standing Order 45, the deferred recorded divisions were further deferred until Tuesday, November 5, 1996, at 5:30 p.m.

---

The House resumed consideration of the motion of Mr. Dingwall (Minister of Health), seconded by Mr. Robichaud (Secretary of State (Agriculture and Agri-Food, Fisheries and Oceans)), — That Bill C–47, An Act respecting human reproductive technologies and commercial transactions relating to human reproduction, be now read a second time and referred to the Standing Committee on Health.

The debate continued.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, November 5, 1996, at 5:30 p.m.

---

The Order was read for the second reading and reference to the Standing Committee on Fisheries and Oceans of Bill C–62, An Act respecting fisheries.

Mr. Mifflin (Minister of Fisheries and Oceans), seconded by Ms. McLellan (Minister of Natural Resources), moved, — That the Bill be now read a second time and referred to the Standing Committee on Fisheries and Oceans.

Debate arose thereon.

Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was 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 taxes on books (No. 352-1216);
• by Mr. Milliken (Kingston and the Islands), one concerning the parole system (No. 352-1217).

At 6:29 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).