HOUSE OF COMMONS OF CANADA
37th PARLIAMENT, 2nd SESSION

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JOURNALS

No. 49

Thursday, January 30, 2003

10:00 a.m.

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The Clerk informed the House of the unavoidable absence of the Speaker.

Whereupon, Mr. Bélair (Timmins--James Bay) , Deputy Chairman of Committees of the Whole, took the Chair, pursuant to Standing Order 8.

Prayers

Daily Routine Of Business

Tabling of Documents

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

— P.C. 2002-2127, P.C. 2002-2152 and P.C. 2002-2153. — Sessional Paper No. 8540-372-2-06. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Agriculture and Agri-Food)

— P.C. 2002-2055, P.C. 2002-2120, P.C. 2002-2121, P.C. 2002-2122 and P.C. 2002-2123. — Sessional Paper No. 8540-372-3-07. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Canadian Heritage)

— P.C. 2002-2052, P.C. 2002-2053, P.C. 2002-2054, P.C. 2002-2108, P.C. 2002-2109, P.C. 2002-2110, P.C. 2002-2111, P.C. 2002-2112, P.C. 2002-2113, P.C. 2002-2114, P.C. 2002-2115, P.C. 2002-2116, P.C. 2002-2207 and P.C. 2002-2233. — Sessional Paper No. 8540-372-14-06. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Citizenship and Immigration)

— P.C. 2002-2057, P.C. 2002-2133 and P.C. 2002-2134. — Sessional Paper No. 8540-372-9-03. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Finance)

— P.C. 2002-2128, P.C. 2002-2129, P.C. 2002-2130, P.C. 2002-2131 and P.C. 2002-2132. — Sessional Paper No. 8540-372-8-08. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Foreign Affairs and International Trade)

— P.C. 2002-2138, P.C. 2002-2139 and P.C. 2002-2209. — Sessional Paper No. 8540-372-4-06. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Government Operations and Estimates)

— P.C. 2002-2135 and P.C. 2002-2136. — Sessional Paper No. 8540-372-18-03. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Health)

— P.C. 2002-2061, P.C. 2002-2062, P.C. 2002-2140, P.C. 2002-2141, P.C. 2002-2142, P.C. 2002-2143, P.C. 2002-2144, P.C. 2002-2145, P.C. 2002-2146, P.C. 2002-2151 and P.C. 2002-2208. — Sessional Paper No. 8540-372-16-05. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Human Resources Development and the Status of Persons with Disabilities)

— P.C. 2002-2059 and P.C. 2002-2060. — Sessional Paper No. 8540-372-22-07. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Industry, Science and Technology)

— P.C. 2002-2056, P.C. 2002-2124, P.C. 2002-2125 and P.C. 2002-2126. — Sessional Paper No. 8540-372-13-05. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Justice and Human Rights)

— P.C. 2002-2107. — Sessional Paper No. 8540-372-5-07. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Procedure and House Affairs)

— P.C. 2002-2051, P.C. 2002-2117, P.C. 2002-2118 and P.C. 2002-2119. — Sessional Paper No. 8540-372-24-06. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Transport)

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Pursuant to Standing Order 32(2), Mr. Proulx (Parliamentary Secretary to the Minister of Transport) laid upon the Table, — Report of the Air Travel Complaints Commissioner for the period of January 1 to June 30, 2002, pursuant to the Canada Transportation Act, S.C. 2000, c. 15, s. 7.1. — Sessional Paper No. 8560-372-751-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport)

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Pursuant to Standing Order 32(2), Mr. Regan (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. 372-0608, 372-0617 to 372-0621, 372-0624 to 372-0628, 372-0632 to 372-0635, 372-0638, 372-0641, 372-0646, 372-0649, 372-0650, 372-0652 to 372-0654, 372-0660 to 372-0664, 372-0667, 372-0670, 372-0671, 372-0673, 372-0678 and 372-0680 concerning pornography. — Sessional Paper No. 8545-372-25-14;

— No. 372-0668 concerning the fishing industry. — Sessional Paper No. 8545-372-22-05.

Presenting Reports from Inter-parliamentary Delegations

Pursuant to Standing Order 34(1), Mr. Caccia (Davenport) presented the Report of the Canadian delegation of the Canada-Europe Parliamentary Association of the delegation visit to the European Parliament and Danish Parliament, held in Brussels, Belgium, and Copenhagen, Denmark, from November 25 to 29, 2002. — Sessional Paper No. 8565-372-51-04.

Presenting Reports from Committees

Mr. Williams (St. Albert) , from the Standing Committee on Public Accounts, presented the Ninth Report of the Committee (Human Rights Commission). — Sessional Paper No. 8510-372-32.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meeting Nos. 7 and 8) was tabled.

Presenting Petitions

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

— by Mr. St-Julien (Abitibi—Baie-James—Nunavik) , four concerning aboriginal affairs (Nos. 372-0909 to 372-0912);

— by Mr. Szabo (Mississauga South) , one concerning stem cell research (No. 372-0913);

— by Mrs. Gallant (Renfrew—Nipissing—Pembroke) , one concerning emergency preparedness (No. 372-0914);

— by Mr. Spencer (Regina—Lumsden—Lake Centre) , one concerning the Divorce Act (No. 372-0915) and one concerning pornography (No. 372-0916).

Statement by the Speaker

The Acting Speaker ruled that the putting of the question on report stage motions Nos. 64 and 71 to Bill C-13, An Act respecting assisted human reproduction, be declared null and void.

Accordingly, the question will be put on motions Nos. 64 and 71 when the House resumes consideration at report stage of the said Bill.

Government Orders

The Order was read for the second reading and reference to the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources of Bill C-19, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts.

Ms. McLellan (Minister of Health) for Mr. Nault (Minister of Indian Affairs and Northern Development) , seconded by Mr. Easter (Solicitor General of Canada) , moved, — That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources.

Debate arose thereon.

Mr. Pallister (Portage—Lisgar) , seconded by Mr. Sorenson (Crowfoot) , moved the following amendment, — That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-19, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts, be not now read a second time but that the Order be discharged, the Bill withdrawn, and the subject-matter thereof referred to the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources.”.

Debate arose thereon.

Mr. Grewal (Surrey Central) , seconded by Mr. Epp (Elk Island) , moved the following subamendment, — That the amendment be amended by adding the following:

“and that the Committee report to the House no later than June 13, 2003.”.

Debate arose thereon.

The question was put on the subamendment and, by unanimous consent, the recorded division was deferred until Tuesday, February 4, 2003, at the expiry of the time provided for Oral Questions.

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The House resumed consideration at report stage of Bill C-13, An Act respecting assisted human reproduction, as reported by the Standing Committee on Health with amendments;

And the putting of the question on motions in Group No. 4 (Motions Nos. 61, 64, 71, 72, 74, 75 and 77).

Group No. 4

The House proceeded to the putting of the question on Motion No. 61 of Mr. Szabo (Mississauga South) , seconded by Ms. Thibeault (Saint-Lambert) , — That Bill C-13, in Clause 21, be amended by adding after line 3 on page 15 the following:

“(3) The Official Languages Act applies to the Agency.”

The question was put on Motion No. 61 and it was agreed to.

The House proceeded to the putting of the question on Motion No. 64 of Ms. McLellan (Minister of Health) , seconded by Mr. Mitchell (Secretary of State (Rural Development) (Federal Economic Development Initiative for Northern Ontario)) , — That Bill C-13, in Clause 24, be amended by replacing lines 31 to 35 on page 15 with the following:

“the professions respecting assisted human reproduction and other matters to which this Act applies, and their regulation under this Act, and respecting risk factors associated with infertility;”

The question was put on Motion No. 64 and it was agreed to.

The House proceeded to the putting of the question on Motion No. 71 of Ms. McLellan (Minister of Health) , seconded by Mr. Mitchell (Secretary of State (Rural Development) (Federal Economic Development Initiative for Northern Ontario)) , — That Bill C-13, in Clause 26, be amended by deleting lines 30 to 33 on page 16.

The question was put on Motion No. 71 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The House proceeded to the putting of the question on Motion No. 72 of Ms. McLellan (Minister of Health) , seconded by Mr. Mitchell (Secretary of State (Rural Development) (Federal Economic Development Initiative for Northern Ontario)) , — That Bill C-13, in Clause 26, be amended by deleting lines 10 to 17 on page 17.

The question was put on Motion No. 72 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The House proceeded to the putting of the question on Motion No. 74 of Ms. McLellan (Minister of Health) , seconded by Mr. Mitchell (Secretary of State (Rural Development) (Federal Economic Development Initiative for Northern Ontario)) , — That Bill C-13, in Clause 32, be amended by replacing lines 34 and 35 on page 18 with the following:

“its powers under section 40, 41 or 42 or any of its powers or duties”

The question was put on Motion No. 74 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The House proceeded to the putting of the question on Motion No. 75 of Mr. Szabo (Mississauga South) , seconded by Mrs. Longfield (Whitby—Ajax) , — That Bill C-13, in Clause 34, be amended by replacing line 12 on page 19 with the following:

“eligible for reappointment for one additional term of office only.”

The question was put on Motion No. 75 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The House proceeded to the putting of the question on Motion No. 77 of Mr. Szabo (Mississauga South) , seconded by Mrs. Longfield (Whitby—Ajax) , — That Bill C-13, in Clause 39, be amended by adding after line 34 on page 20 the following:

“(4) The Agency shall establish a dispute resolution process, which may include arbitration, to resolve any disagreement which may arise between the Agency, the donors, the licensees and any other relevant parties.”

The question was put on Motion No. 77 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 5

Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , moved Motion No. 6, — That Bill C-13, in Clause 3, be amended by replacing line 31 on page 2 with the following:

“with the applicable law governing consent and that conforms to the provisions of the Human Pluripotent Stem Cell Research Guidelines released by the Canadian Institutes of Health Research in March, 2002, as detailed in the Regulations.”

Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , moved Motion No. 80, — That Bill C-13, in Clause 40, be amended by replacing line 5 on page 21 with the following:

“proposed research and the Agency has, in accordance with the regulations, received approval from a research ethics board and a peer review.”

Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , moved Motion No. 81, — That Bill C-13, in Clause 40, be amended by adding after line 5 on page 21 the following:

“(2.1) No person may use an in vitro embryo that was in existence before the coming into force of this Act for the purpose of research unless it conforms to the criteria set out in the Human Pluripotent Stem Cell Research Guidelines released by the Canadian Institutes of Health Research in March, 2002, as specified in the Regulations.”

Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , moved Motion No. 82, — That Bill C-13, in Clause 40, be amended by adding after line 5 on page 21 the following:

“(2.1) A person who wishes to undertake research involving stem cells from in vitro embryos must provide the Agency with the reasons why embryonic stems cells are to be used instead of stem cells from other sources.”

Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , moved Motion No. 83, — That Bill C-13, in Clause 40, be amended by adding after line 8 on page 21 the following:

“(3.1) The Agency shall not issue a licence under subsection (1) for embryonic stem cell research if there are an insufficient number of in vitro embryos available for that research.”

Mr. Szabo (Mississauga South) , seconded by Mr. Bailey (Souris—Moose Mountain) , moved Motion No. 84, — That Bill C-13, in Clause 40, be amended by adding after line 8 on page 21 the following:

“(3.2) The Agency shall not issue a licence under subsection (1) for embryonic stem cell research unless it has received the written consent of the original gamete providers and the embryo provider in accordance with the Human Pluripotent Stem Cell Research Guidelines released by the Canadian Institutes of Health Research in March, 2002, as specified in the regulations.”

Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , moved Motion No. 85, — That Bill C-13, in Clause 40, be amended by replacing line 14 on page 21 with the following:

“licensee or any other individual who is qualified to be a licensee under this”

Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , moved Motion No. 86, — That Bill C-13, in Clause 40, be amended by adding after line 21 on page 21 the following:

“(5.1) Every licence involving deriving stem cell lines from in vitro embryos must include, in the prescribed form, the obligation on the licensee to provide the Agency with samples of the resulting stem cell lines.”

Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , moved Motion No. 88, — That Bill C-13 be amended by adding after line 27 on page 21 the following new clause:

“40.1 The Agency shall establish, for in vitro fertilization procedures, limits regarding, but not limited to, the following:

(a) the amount of all drug dosages that may be administered;

(b) the number of

(i) ova that may be harvested,

(ii) ova that may be fertilized,

(iii) in vitro embryos that may be implanted at any one time, and

(iv) embryos that may be cryogenically stored for reproductive purposes; and

(c) the length of time that an embryo may be stored.”

Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , moved Motion No. 89, — That Bill C-13, in Clause 42, be amended by replacing line 31 on page 21 with the following:

“42. The Agency shall, in accordance with”

Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , moved Motion No. 90, — That Bill C-13, in Clause 42, be amended

(a) by replacing line 31 on page 21 with the following:

“42. (1) The Agency shall, in accordance with”

(b) by adding after line 38 on page 21 the following:

“(2) The amendment, renewal, suspension or revocation under subsection (1) or section 41 may be appealed.”

Debate arose on the motions in Group No. 5.

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 at report stage of Bill C-13, An Act respecting assisted human reproduction, as reported by the Standing Committee on Health with amendments;

And of the motions in Group No. 5 (Motions Nos. 6, 80 to 86 and 88 to 90).

The debate continued on the motions in Group No. 5.

Private Members' Business

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

Mrs. Desjarlais (Churchill) , seconded by Ms. Davies (Vancouver East) , moved, — That, in the opinion of this House, the government should amend the definition of “pensionable employment” in the Canada Pension Plan to include worker's compensation payments. (Private Members' Business M-197)

Debate arose thereon.

Pursuant to Standing Order 93, the Order was dropped to the bottom of the order of precedence on the Order Paper.

Adjournment Proceedings

At 6:30 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.

Accordingly, at 6:40 p.m., the Acting Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).