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HOUSE OF COMMONS OF CANADA
36th PARLIAMENT, 1st SESSION


JOURNALS

No. 160

Thursday, November 26, 1998

10:00 a.m.



PRAYERS

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Adams (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:

-- Nos. 361-1534, 361-1537, 361-1539, 361-1545, 361-1555, 361-1559, 361-1560, 361-1564, 361-1570 and 361-1575 concerning marriage. -- Sessional Paper No. 8545-361-80H;

-- Nos. 361-1536, 361-1543, 361-1554, 361-1558 and 361-1568 concerning gun control. -- Sessional Paper No. 8545-361-67O.

Presenting Reports from Committees

Mr. Hubbard (Miramichi), from the Standing Committee on Fisheries and Oceans, presented the 6th Report of the Committee (Supplementary Estimates (B) 1998-99 -- Votes 1b, 5b and 10b under FISHERIES AND OCEANS). -- Sessional Paper No. 8510-361-114.

A copy of the relevant Minutes of Proceedings (Meeting No. 57) was tabled.


Mr. Lastewka (Parliamentary Secretary to the Minister of Industry), from the Standing Committee on Industry, presented the 11th Report of the Committee (Supplementary Estimates (B) 1998-99 -- Votes 1b, 5b, 20b, 25b, 30b, 35b, 50b, 70b, 75b, 85b, 90b, 95b, 100b, 110b, 115b and 120b under INDUSTRY). -- Sessional Paper No. 8510-361-115.

A copy of the relevant Minutes of Proceedings (Meeting No. 74) was tabled.

Presenting Petitions

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

-- by Mr. Riis (Kamloops, Thompson and Highland Valleys), one concerning the mistreatment of animals (No. 361-1757) and one concerning international trade (No. 361-1758);

-- by Mr. Asselin (Charlevoix), one concerning the employment insurance program (No. 361-1759) and two concerning gun control (Nos. 361-1760 and 361-1761).

GOVERNMENT ORDERS

The House resumed consideration of the motion of Mr. Rock (Minister of Health), seconded by Mr. Mifflin (Minister of Veterans Affairs), -- That Bill C-42, An Act to amend the Tobacco Act, as amended, be now read a third time and do pass.

The question was put on the motion and, by unanimous consent, the recorded division was deferred until Tuesday, December 1, 1998, at the expiry of the time provided for Government Orders.


The House resumed consideration of the motion of Ms. Copps (Minister of Canadian Heritage), seconded by Mr. Mitchell (Secretary of State (Parks)), -- That Bill C-48, An Act respecting marine conservation areas, be now read a second time and referred to the Standing Committee on Canadian Heritage.

The debate continued.

Mr. Bélanger (Ottawa-Vanier), seconded by Mr. Baker (Gander -- Grand Falls), moved, -- That this question be now put.

Debate arose thereon.

The question was put on the motion and, by unanimous consent, the recorded division was deferred until Tuesday, December 1, 1998, at the expiry of the time provided for Government Orders.


The House resumed consideration of the motion of Mrs. Stewart (Minister of Indian Affairs and Northern Development), seconded by Mr. Scott (Solicitor General of Canada), -- That Bill C-49, An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management, be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.

The debate continued.

Mr. Iftody (Provencher), seconded by Mr. Ianno (Trinity -- Spadina), moved, -- That this question be now put.

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.

GOVERNMENT ORDERS

The House resumed consideration of the motion of Mrs. Stewart (Minister of Indian Affairs and Northern Development), seconded by Mr. Scott (Solicitor General of Canada), -- That Bill C-49, An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management, be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development;

And of the motion of Mr. Iftody (Provencher), seconded by Mr. Ianno (Trinity -- Spadina), -- That this question be now put.

The debate continued.

The question was put on the motion and, by unanimous consent, the recorded division was deferred until Tuesday, December 1, 1998, at the expiry of the time provided for Government Orders.


The House resumed consideration of the motion of Mrs. Stewart (Minister of Indian Affairs and Northern Development), seconded by Mr. Duhamel (Secretary of State (Western Economic Diversification)), -- That Bill C-56, An Act respecting an agreement with the Norway House Cree Nation for the settlement of matters arising from the flooding of land, and respecting the establishment of certain reserves in the province of Manitoba, be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.

The debate continued.

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

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


The Order was read for the consideration at report stage of Bill C-35, An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act, as reported by the Standing Committee on Finance, without amendment.

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

Group No. 1 -- Motion No. 1.

Group No. 2 -- Motion No. 2.

Group No. 3 -- Motions Nos. 3 to 6.

Group No. 4 -- Motion No. 7.

Group No. 1

By unanimous consent, Mr. Bergeron (Verchères -- Les-Patriotes), seconded by Mr. Tremblay (Lac-Saint-Jean), moved Motion No. 1, -- That Bill C-35, in Clause 15, be amended by adding after line 21 on page 10 the following:

      "(3.1) In determining whether the complaint is properly documented, the Deputy Minister shall not take into account representations received from parties other than the complainant."

Debate arose on the motion in Group No. 1 (Motion No. 1).

The question was put on Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 2

By unanimous consent, Mr. Bergeron (Verchères -- Les-Patriotes), seconded by Mr. Tremblay (Lac-Saint-Jean), moved Motion No. 2, -- That Bill C-35 be amended by deleting Clause 27.

Debate arose on the motion in Group No. 2 (Motion No. 2).

The question was put on Motion No. 2 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 3

Mr. Axworthy (Minister of Foreign Affairs) for Mr. Martin (Minister of Finance), seconded by Mr. Peterson (Secretary of State (International Financial Institutions)), moved Motion No. 3, -- That Bill C-35, in Clause 44, be amended by replacing, in the French version, line 38 on page 33 with the following:

    "important à l'entreprise ou aux activités de la"

By unanimous consent, Mr. Bergeron (Verchères -- Les-Patriotes), seconded by Mr. Tremblay (Lac-Saint-Jean), moved Motion No. 4, -- That Bill C-35, in Clause 44, be amended by adding after line 46 on page 33 the following:

      "(3.2) For the purposes of subsection (3.1), "material harm" means harm that is more than negligible and that is not immaterial or trifling."

By unanimous consent, Mr. Bergeron (Verchères -- Les-Patriotes), seconded by Mr. Tremblay (Lac-Saint-Jean), moved Motion No. 5, -- That Bill C-35, in Clause 44, be amended by adding after line 46 on page 33 the following:

      "(3.2) For the purposes of subsection (3.1), "material harm" has the meaning given to that expression by the regulations."

By unanimous consent, Mr. Bergeron (Verchères -- Les-Patriotes), seconded by Mr. Tremblay (Lac-Saint-Jean), moved Motion No. 6, -- That Bill C-35, in Clause 51, be amended by adding after line 18 on page 36 the following:

      "(f.3) defining the expression "material harm" for the purpose of section 44;"

Debate arose on the motions in Group No. 3 (Motions Nos. 3 to 6).

The question was put on Motions Nos. 3 and 4 and, pursuant to Standing Order 76.1(8), the recorded divisions were deferred.

Group No. 4

By unanimous consent, Mr. Bergeron (Verchères -- Les-Patriotes), seconded by Mr. Tremblay (Lac-Saint-Jean), moved Motion No. 7, -- That Bill C-35 be amended by adding after line 42 on page 36 the following new clause:

      "51.1 The Act is amended by adding the following after section 97:
      98. (1) Within three months after the coming into force of this section, the Governor in Council shall make regulations amending the sections of this Act so that, in addition to the prospective method for the imposition of duty, a retroactive method is used for this purpose, but the retroactive method shall not be used for the imposition of duty except where
      (a) the price or cost of the goods is likely to fluctuate substantially; and
      (b) the regulations so permit.
      (2) Subject to subsection (2), a regulation made under subsection (1) shall come into force six months after the coming into force of this section.
      (3) The coming into force of any regulations repealing a regulation made by the Governor in Council under subsection (1) is subject to the approval of the House of Commons by resolution, and where such approval is given, the regulations shall come into force on the day following the day on which the approval is given."

Debate arose on the motion in Group No. 4 (Motion No. 7).

The question was put on Motion No. 7 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Pursuant to Standing Order 76.1(8), the House proceeded to the taking of the deferred recorded divisions.

By unanimous consent, the recorded divisions were further deferred until Tuesday, December 1, 1998, at the expiry of the time provided for Government Orders.

PRIVATE MEMBERS' BUSINESS

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The Order was read for the second reading and reference to the Standing Committee on Procedure and House Affairs of Bill C-382, An Act to allow the electors of a province to express an opinion on who should be summoned to the Senate to represent the province.

Mr. Gilmour (Nanaimo -- Alberni), seconded by Mr. Epp (Elk Island), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.

Debate arose thereon.

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

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 Mr. Vanclief (Minister of Agriculture and Agri-Food) -- Annual Report of the Farm Credit Corporation on the application of the Alternative Fuels Act for the fiscal year ended March 31, 1998, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8. -- Sessional Paper No. 8560-361-647. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Environment and Sustainable Development)

-- by Mrs. Stewart (Minister of Indian Affairs and Northern Development) -- Report of the Canadian Polar Commission for the fiscal year ended March 31, 1998, pursuant to the Canadian Polar Commission Act, S.C. 1991, c. 6, s. 21(2). -- Sessional Paper No. 8560-361-498A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Aboriginal Affairs and Northern Development)

-- by Mr. Anderson (Minister of Fisheries and Oceans) -- Report on the Marine Oil Spill Preparedness and Response Regime for the period of August 15, 1996, to August 15, 1998, pursuant to the Canada Shipping Act, S.C. 1993, c. 36, s. 6. -- Sessional Paper No. 8560-361-205. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Fisheries and Oceans)

PROCEEDINGS ON ADJOURNMENT MOTION

At 6:27 p.m., pursuant to Standing Order 38(1), the question "That this House do now adjourn" was deemed to have been proposed.

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

ADJOURNMENT

At 6:33 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).