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HOUSE OF COMMONS OF CANADA
37th PARLIAMENT, 2nd SESSION
JOURNALS
No. 57
Tuesday, February 11, 2003
10:00 a.m.
Prayers
Daily Routine Of Business
Introduction of Private Members' Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Thompson (Wild Rose) , seconded by Mr. Ritz (Battlefords—Lloydminster) , Bill C-352, An Act to amend the Corrections and Conditional Release Act, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.
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).
Group No. 5
Motion No. 6 of Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , — 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.”
Motion No. 80 of Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , — 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.”
Motion No. 81 of Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , — 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.”
Motion No. 82 of Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , — 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.”
Motion No. 83 of Mr. Szabo (Mississauga South) , seconded by Ms. Brown (Oakville) , — 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.”
Motion No. 84 of Mr. Szabo (Mississauga South) , seconded by Mr. Bailey (Souris—Moose Mountain) , — 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.”
Motion No. 85 of Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , — 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”
Motion No. 86 of Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , — 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.”
Motion No. 88 of Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , — 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.”
Motion No. 89 of Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , — 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”
Motion No. 90 of Mr. Szabo (Mississauga South) , seconded by Mr. Hubbard (Miramichi) , — 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.”
The debate continued on the motions in Group No. 5.
Mr. Reed (Halton) , seconded by Mr. Hubbard (Miramichi) , moved the following amendment, — That Motion No. 86 be amended by adding after the words “ licensee to provide” the following:
“to an independent repository designated by ”.
The debate continued on the motions in Group No. 5.
The question was put on Motions Nos. 6, 80 to 83 and 85, on the amendment to Motion No. 86 and on Motions Nos. 88 and 89 and, pursuant to Standing Order 76.1(8), the recorded divisions were deferred.
Group No. 6
Mr. Szabo (Mississauga South) , seconded by Mr. Merrifield (Yellowhead) , moved Motion No. 92, — That Bill C-13 be amended by adding after line 35 on page 28 the following new clause:
“59.1 Equivalency and enforcement agreements shall be subject to the following safeguards:
(a) the Minister shall be accountable to Parliament for all equivalency and enforcement agreements;
(b) the public shall be actively consulted on draft agreements before they are finalized;
(c) the draft agreements, together with the comments made by the public, shall be tabled in both Houses of Parliament for comments and recommendations;
(d) the text of all final agreements shall be included in the public information registry established by this Act;
(e) all agreements shall be subject to termination or revocation upon reasonable written notice given by either party;
(f) the Minister may intervene under a saving clause that would enable him or her to take any action deemed necessary for the administration or enforcement of the Act;
(g) five years after this section comes into force, and at the end of each subsequent period of five years, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act; and
(h) as a condition precedent to the signing of an agreement, a government that enters into an agreement with the federal government must agree to comply with the same reporting requirements that apply at the federal level. The other government must also agree to transmit the related data to the Agency for inclusion in the federal personal health information registry and the public information registry.”
Mr. Szabo (Mississauga South) , seconded by Mr. Merrifield (Yellowhead) , moved Motion No. 94, — That Bill C-13, in Clause 65, be amended
(a) by replacing line 4 on page 30 with the following:
“(c) for the purposes of section 10,”
(b) by replacing line 8 on page 30 with the following:
“(d) specify-”
Ms. Augustine (Secretary of State (Multiculturalism) (Status of Women)) for Ms. McLellan (Minister of Health) , seconded by Mr. Kilgour (Secretary of State (Asia-Pacific)) , moved Motion No. 96, — That Bill C-13, in Clause 65, be amended by adding after line 15 on page 31 the following:
“(s.1) respecting the notification of the Agency under subsection 15(3.1);”
Ms. Augustine (Secretary of State (Multiculturalism) (Status of Women)) for Ms. McLellan (Minister of Health) , seconded by Mr. Kilgour (Secretary of State (Asia-Pacific)) , moved Motion No. 98, — That Bill C-13, in Clause 66, be amended by replacing line 22 on page 32 with the following:
“Parliament shall be referred to the appropriate”
Ms. Augustine (Secretary of State (Multiculturalism) (Status of Women)) for Ms. McLellan (Minister of Health) , seconded by Mr. Kilgour (Secretary of State (Asia-Pacific)) , moved Motion No. 99, — That Bill C-13, in Clause 66, be amended by replacing, in the French version, lines 32 to 43 on page 32 and lines 1 to 9 on page 33 with the following:
“(2.1) Pour l'application du paragraphe (2), le comité compétent de la Chambre des communes est le Comité permanent de la santé ou, à défaut, le comité compétent de la Chambre.
(3) Le règlement ne peut être pris avant le premier en date des jours suivants :
a) le trentième jour de séance suivant le dépôt;
b) le cent soixantième jour civil suivant le dépôt;
c) le lendemain du jour où le comité de chaque chambre du Parlement a présenté son rapport.
(4) Le ministre tient compte de tout rapport établi au titre du paragraphe (2). S'il n'est pas donné suite à l'une ou l'autre des recommandations que contient un rapport, le ministre dépose à la chambre d'où provient celui-ci une déclaration motivée à cet égard.”
Mr. Szabo (Mississauga South) , seconded by Mr. Merrifield (Yellowhead) , moved Motion No. 93, — That Bill C-13, in Clause 66, be amended by deleting lines 9 to 12 on page 33.
Mr. Szabo (Mississauga South) , seconded by Mr. Merrifield (Yellowhead) , moved Motion No. 100, — That Bill C-13, in Clause 68, be amended by adding after line 40 on page 33 the following:
“(2.1) Notwithstanding subsection (2), any such agreement must be renewed whenever there is a change in any relevant federal or provincial legislation.”
Mr. Merrifield (Yellowhead) , seconded by Mr. Forseth (New Westminster—Coquitlam—Burnaby) , moved Motion No. 103, — That Bill C-13, in Clause 71, be amended by deleting lines 5 to 12 on page 35.
Mr. Szabo (Mississauga South) , seconded by Mr. Merrifield (Yellowhead) , moved Motion No. 104, — That Bill C-13, in Clause 71, be amended by replacing line 6 on page 35 with the following:
“person who undertakes or continues to undertake a specific controlled activity with no change in scope or purpose”
Mr. Szabo (Mississauga South) , seconded by Mr. Merrifield (Yellowhead) , moved Motion No. 105, — That Bill C-13, in Clause 71, be amended by replacing line 12 on page 35 with the following:
“until a day fixed by the regulations. Once sections 10 to 13 are in force, changes in the scope or purpose of such controlled activity shall require a licence.”
Mr. Szabo (Mississauga South) , seconded by Mr. Merrifield (Yellowhead) , moved Motion No. 106, — That Bill C-13, in Clause 71, be amended by replacing line 12 on page 35 with the following:
“until 90 days after the coming into force of this Act.”
Debate arose on the motions in Group No. 6.
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.
DEFERRED RECORDED DIVISIONS
Business of Supply
Pursuant to Order made Thursday, February 6, 2003, the House resumed consideration of the motion of Mr. Reynolds (West Vancouver—Sunshine Coast) , seconded by Mr. Lanctôt (Châteauguay) , — That, the first sitting day following a decision by the government to involve Canada in any military action to disarm Saddam Hussein, a motion, “That this House concur in the decision by the government regarding Canada's involvement in military action to disarm Saddam Hussein”, shall be deemed moved and seconded at the call of Government Orders and that any dilatory or other motion, including motions during Routine Proceedings, with the exception of requests for unanimous consent, shall not be receivable by the Chair; and that, in relation to the motion to concur in the decision by the government, at fifteen minutes before the expiry of the time provided for government business on that day, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of said motion shall be put forthwith and successively without further debate or amendment.”.
The House proceeded to the taking of the deferred recorded division on the amendment of Ms. Lalonde (Mercier) , seconded by Mr. Abbott (Kootenay—Columbia) , — That the motion be amended by adding between the words “Hussein” and “a motion” the following:
“ or, in the event the decision is made while the House stands adjourned, notwithstanding any Standing Order, the Speaker shall convene the House at the earliest opportunity,”.
The question was put on the amendment and it was negatived on the following division:
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YEAS: 104, NAYS: 148
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Pursuant to Standing Order 81(16), the House proceeded to the putting of the question on the motion of Mr. Reynolds (West Vancouver—Sunshine Coast) , seconded by Mr. Lanctôt (Châteauguay) , — That, the first sitting day following a decision by the government to involve Canada in any military action to disarm Saddam Hussein, a motion, “That this House concur in the decision by the government regarding Canada's involvement in military action to disarm Saddam Hussein”, shall be deemed moved and seconded at the call of Government Orders and that any dilatory or other motion, including motions during Routine Proceedings, with the exception of requests for unanimous consent, shall not be receivable by the Chair; and that, in relation to the motion to concur in the decision by the government, at fifteen minutes before the expiry of the time provided for government business on that day, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of said motion shall be put forthwith and successively without further debate or amendment.”.
The question was put on the main motion and it was negatived on the following division:
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YEAS: 103, NAYS: 148
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Pursuant to Order made Monday, February 10, 2003, the House proceeded to the taking of the deferred recorded division on the motion of Mr. Bachand (Saint-Jean) , seconded by Mr. Marceau (Charlesbourg—Jacques-Cartier) , — That this House consider the sending of troops to Iraq by the government only after the United Nations Security Council has passed a resolution explicitly authorizing a military intervention in Iraq.
The question was put on the motion and it was negatived on the following division:
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YEAS: 54, NAYS: 195
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Government Orders
The Order was read for the second reading and reference to the Standing Committee on Procedure and House Affairs of Bill C-24, An Act to amend the Canada Elections Act and the Income Tax Act (political financing).
Mr. Chrétien (Prime Minister) for Mr. Boudria (Minister of State and Leader of the Government in the House of Commons) , seconded by Mr. Collenette (Minister of Transport) , moved, — That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
Debate arose thereon.
Mr. Harper (Calgary Southwest) , seconded by Mr. Reynolds (West Vancouver—Sunshine Coast) , moved the following amendment, — That the motion be amended by deleting all the words after the word “That” and substituting the following:
“this House decline to give second reading to Bill C-24, An Act to amend the Canada Elections Act and the Income Tax Act, because the Bill shifts the sources of contributions to political parties from the voluntary actions of people and organizations to a mandatory imposition on all taxpayers, making political parties more dependent upon the state and less responsive to society.”.
Debate arose thereon.
Private Members' Business
At 6:04 p.m., pursuant to Standing Order 30(7), the House proceeded to the consideration of Private Members' Business.
The House resumed consideration of the motion of Mr. Bélanger (Ottawa—Vanier) , seconded by Mr. Jordan (Leeds—Grenville) , — That Bill C-202, An Act to amend the Canada Health Act (linguistic duality), be now read a second time and referred to the Standing Committee on Official Languages.
The debate continued.
Pursuant to Standing Order 93, the Order was dropped to the bottom of the order of precedence on the Order Paper.
Petitions Filed with the Clerk of the House
Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were filed as follows:
— by Mrs. Barnes (London West) , one concerning the Canadian Charter of Rights and Freedoms (No. 372-1047) and one concerning the Canada Post Corporation (No. 372-1048).
Adjournment Proceedings
At 7:03 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 7:11 p.m., the Speaker adjourned the House until tomorrow at 2:00 p.m., pursuant to Standing Order 24(1).