HOUSE OF COMMONS OF CANADA
37th PARLIAMENT, 3rd SESSION

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JOURNALS

No. 24

Thursday, March 11, 2004

10:00 a.m.

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Prayers

Royal Assent

A message was received informing the Commons that on March 11, 2004, at 8:45 a.m., Her Excellency the Governor General signified Royal Assent by written declaration to the following Bill:

Bill C-5, An Act respecting the effective date of the representation order of 2003 — Chapter No. 1.

Daily Routine Of Business

Presenting Reports from Committees

Mr. Cullen (Etobicoke North) , from the Standing Committee on Finance, presented the Third Report of the Committee (Bill C-421, An Act respecting the establishment of the Office of the Chief Actuary of Canada and to amend other Acts in consequence thereof, without amendment). — Sessional Paper No. 8510-373-12.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 5 and 8) was tabled.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mrs. Gallant (Renfrew—Nipissing—Pembroke) , seconded by Mr. Gouk (Kootenay—Boundary—Okanagan) , Bill C-493, An Act to amend the Marine Liability Act (adventure tourism), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, it was ordered, — That, at the conclusion of the debate on today's opposition motion, all questions necessary to dispose of this motion be deemed put and a recorded division deemed requested and deferred until Monday, March 22, 2004, at the expiry of the time provided for Government Orders.

Presenting Petitions

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

— by Mr. Peric (Cambridge) , six concerning marriage (Nos. 373-0450 to 373-0455);

— by Mr. Benoit (Lakeland) , one concerning marriage (No. 373-0456);

— by Mr. Fitzpatrick (Prince Albert) , ten concerning marriage (Nos. 373-0457 to 373-0466).

Statement by the Speaker

The Speaker ruled that Bill C-472, An Act to amend the Income Tax Act (deductibility of fines), was improperly before the House and declared the first reading proceedings null and void.

Accordingly, the Order for second reading of the Bill was discharged and the item was dropped from the Order Paper.

Business of Supply

The Order was read for the consideration of the Business of Supply.

Mr. Paquette (Joliette) , seconded by Mr. Loubier (Saint-Hyacinthe—Bagot) , moved, — That, as the federal government’s 16%-contribution to health-care spending is clearly inadequate, this House urge the government to invest at least half the current year’s surplus in health care, over and above the two billion dollars already promised, in order to achieve as rapidly as possible the stable 25% federal contribution called for by Quebec and the provinces.

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.

Motions

By unanimous consent, it was ordered, — That, notwithstanding any Standing Order or usual practice, when Government Orders are reached after the introduction and first reading of a bill entitled “An Act to amend the Parliament of Canada Act” on March 12, 2004, the bill shall be disposed of as follows:

The House shall proceed immediately to the second reading stage of the said bill, during which no more than one Member from each party in the House may speak for no more than five minutes;

The Bill shall then be deemed read the second time and referred to a committee, deemed reported without amendment, deemed concurred in at report stage and deemed read the third time and passed.

Business of Supply

The House resumed consideration of the motion of Mr. Paquette (Joliette) , seconded by Mr. Loubier (Saint-Hyacinthe—Bagot) , in relation to the Business of Supply.

The debate continued.

At 5:15 p.m., pursuant to Standing Order 81(16), the Speaker interrupted the proceedings.

Pursuant to Order made earlier today, the question was deemed put on the motion and the recorded division was deemed requested and deferred until Monday, March 22, 2004, at the expiry of the time provided for Government Orders.

Private Members' Business

At 5:16 p.m., by unanimous consent, 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 Finance of Bill C-303, An Act to amend the Income Tax Act (travel expenses for a motor vehicle used by a forestry worker).

Mr. Crête (Kamouraska—Rivière-du-Loup—Témiscouata—Les Basques) , seconded by Mr. Laframboise (Argenteuil—Papineau—Mirabel) , moved, — That the Bill be now read a second time and referred to the Standing Committee on Finance.

Debate arose thereon.

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

Messages from the Senate

Messages were received from the Senate informing this House that the Senate has passed the following Bills to which the concurrence of the House is desired:

Bill S-4, An Act to amend the Official Languages Act (promotion of English and French);

Bill S-8, An Act concerning personal watercraft in navigable waters.

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A message was received from the Senate as follows:

— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-6, An Act respecting assisted human reproduction and related research, without amendment.

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A message was received from the Senate as follows:

— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-212, An Act respecting user fees, with the following amendments:

1. Page 1, clause 2:

(a) Replace lines 8 and 9 with the following:

““Committee” means, in respect of each House of Parliament, the appropriate standing committee of that House.”;

(b) Replace line 17 with the following:

““Minister” means the appropriate minister, as defined in section 2 of the Financial Administration Act, who is responsible for”;

(c) Replace lines 21 to 23 with the following:

“body mentioned in Schedule I, I.1 or II to the Financial Administration Act that has the power to fix a user fee under the authority of an Act of Parliament. Where the Act gives that power to the Governor in Council or a Minister, it means the body proposing the user fee.”; and

(d) Replace lines 25 to 28 with the following:

“product, regulatory process, authorization, permit or licence, facility, or for a service that is provided only by a regulating authority, that is fixed pursuant to the authority of an Act of Parliament and which results”.

2. Page 2, clause 3: Replace lines 1 to 9 with the following:

“3. (1) This Act applies to all user fees fixed by a regulating authority.

(2) This Act does not apply to a user fee fixed by one regulating authority and charged to another.”.

3. Pages 2 and 3, clause 4:

(a) Page 2:

(i) Replace lines 29 to 31 with the following:

“(e) establish an independent advisory panel to address a complaint submitted by a client regarding”, and

(ii) Replace lines 34 and 35 with the following:

“to those established by other countries with which a comparison is relevant and against which the”; and

(b) Page 3:

(i) Replace lines 2 and 3 with the following:

“Minister must cause to be tabled in each House of Parliament a proposal”,

(ii) Replace line 4 with the following:

“(a) explaining in respect of what service, product, regulatory process,”,

(iii) Replace lines 9 to 12 with the following:

“(c) including the performance standards established in accordance with paragraph (1)(f), as well as the actual performance levels that have been reached;”,

(iv) Replace line 17 with the following:

“the costs that the user fee will cover; and

(e) describing the establishment of an independent advisory panel in accordance with paragraph (1)(e) and describing how any complaints received under section 4.1 were dealt with.”, and

(v) Replace lines 20 and 21 with the following:

“higher than that existing in a country with which a comparison referred to in paragraph (1)(f) is relevant, the”.

(c) Page 3: Add after line 25 the following:

“4.1 (1) A regulating authority that receives a complaint about a proposed user fee within the period set out in a notice issued by that authority must

(a) try to resolve the complaint; and

(b) give the complainant notice in writing of proposed measures for its resolution.

(2) If the complaint is not resolved to the complainant's satisfaction within 30 days after the expiry of the period set out in the notice, the complainant may request in writing that the regulating authority refer the complaint to an independent advisory panel.

(3) Within 40 days after the expiry of the period set out in the notice, the regulating authority and the complainant must each select one member to sit on the panel and those members must select a third member.

(4) The regulating authority may decide, for reasons of economy and efficiency, that two or more complaints about a particular proposal be dealt with by the same panel. In that case, the panel member to be selected by the complainants is selected by a majority vote.

(5) The panel must, within 30 days after all members have been selected, send a report in writing of its findings and recommendations for resolving the dispute to the regulating authority and the complainant.

(6) Subject to subsection (7), the panel has the power to award costs of the proceedings, including the cost of the fees and expenses of panel members.

(7) If, in the opinion of the panel, a complaint is frivolous or vexatious, the complainant bears all the costs.

(8) Costs payable by the complainant become a debt due to Her Majesty and may be recovered as such in any court of competent jurisdiction.”.

4. Page 3, clause 5:

(a) Replace lines 27 to 29 with the following:

“for a user fee referred to it”; and

(b) Replace line 31 with the following:

“Senate or the House of Commons, as the case may be, a report containing its”.

5. Pages 3 and 4, clause 5.1:

(a) Page 3: Replace lines 34 to 38 with the following:

“5.1 Where a regulating authority's performance in a particular fiscal year in respect of a user fee does not meet the standards established by it for that fiscal year by a percentage greater than ten per cent, the user fee shall be reduced by a percentage equivalent to the unachieved performance, to a maximum of fifty per cent of the user fee. The reduced user fee applies from the day on which the annual report for the fiscal year is tabled under subsection 8(1) until the day on which the next annual report is tabled.”; and

(b) Page 4: Delete lines 1 and 2.

6. Page 4, clause 6:

(a) Replace line 3 with the following:

“6. (1) The Senate or the House of Commons may pass a”; and

(b) Replace lines 7 to 12 with the following:

“(2) If, within twenty sitting days after the tabling of a proposal under subsection 4(2), the Committee fails to submit a report containing its recommendation to the Senate or the House of Commons, as the case may be, the Committee is deemed to have submitted a report recommending that the proposed user fee be approved.”.

7. Page 4, clause 7: Delete clause 7 and renumber the subsequent clauses accordingly.

8. Page 4, clause 8:

(a) Replace lines 21 and 22 with the following:

“before each House of Parliament, on or before December 31”.

(b) Add after line 27 the following:

“8.1 A review of the provisions and operation of this Act shall be completed by the President of the Treasury Board during the third year after this Act is assented to. The Minister shall cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed.”.

9. Pages 4 and 5, clause 9: Delete clause 9 and renumber the subsequent clauses accordingly.

10. Page 5, clause 10: Delete clause 10 and renumber the subsequent clauses accordingly.

Returns and Reports Deposited with the Clerk of the House

Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was laid upon the Table as follows:

— by Mr. Peterson (Minister of International Trade) — Report of operations under the Export and Import Permits Act for the year 2002, pursuant to the Export and Import Permits Act, R.S. 1985, c. E-19, s. 27. — Sessional Paper No. 8560-373-137-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Foreign Affairs and International Trade)

Adjournment Proceedings

At 6:16 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 6:36 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).