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

JOURNALS

No. 41

Monday, April 26, 2004

11:00 a.m.

Prayers

Private Members' Business

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. Bryden (Ancaster—Dundas—Flamborough—Aldershot) , seconded by Mr. Bachand (Saint-Jean) , — That Bill C-462, An Act to amend the Access to Information Act and to make amendments to other Acts, be now read a second time and referred to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness.

The debate continued.

The question was put on the motion and, pursuant to Standing Order 93(1), the recorded division was deferred until Wednesday, April 28, 2004, immediately before the time provided for Private Members' Business.

Interruption

At 11:45 a.m., the sitting was suspended.

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

Government Orders

The House resumed consideration of the motion of Ms. McLellan (Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness) , seconded by Mr. Bélanger (Deputy Leader of the Government in the House of Commons) , — That Bill C-15, An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences, be now read a third time and do pass.

The debate continued.

Deferred Recorded Divisions

Pursuant to Standing Order 45, the recorded divisions on Bill C-11, An Act to give effect to the Westbank First Nation Self-Government Agreement and Bill C-12, An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act, deferred until Tuesday, April 27, 2004, at the expiry of the time provided for Oral Questions, were deferred anew until 5:30 p.m.

Government Orders

The debate continued.

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.

Daily Routine Of Business

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Gallaway (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government response, pursuant to Standing Order 36(8), to the following petition:

— No. 373-0398 concerning the United States' policy towards Cuba. — Sessional Paper No. 8545-373-61-02.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Cotler (Minister of Justice) , seconded by Ms. Scherrer (Minister of Canadian Heritage) , Bill C-32, An Act to amend the Criminal Code (drugs and impaired driving) and to make related and 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.

Presenting Reports from Committees

Mr. Szabo (Mississauga South) , from the Standing Committee on Government Operations and Estimates, presented the Fourth Report of the Committee (Main Estimates 2004-2005 -- Vote 10 under CANADA CUSTOMS AND REVENUE AGENCY; Vote 100 under CANADIAN HERITAGE; Vote 40 under JUSTICE). — Sessional Paper No. 8510-373-35.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 8 and 9) was tabled.

Mr. Adams (Peterborough) , from the Standing Committee on Procedure and House Affairs, presented the 21st Report of the Committee (democratic reform). — Sessional Paper No. 8510-373-36.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 4, 8, 10, 12 and 15) was tabled.

Mr. Adams (Peterborough) , from the Standing Committee on Procedure and House Affairs, presented the 22nd Report of the Committee (disclosure of the confidential proceedings of an Ontario Liberal caucus meeting). — Sessional Paper No. 8510-373-37.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 12, 14 and 15) was tabled.

Mr. Adams (Peterborough) , from the Standing Committee on Procedure and House Affairs, presented the 23rd Report of the Committee (provisional Standing Order 36(8)(b)). — Sessional Paper No. 8510-373-38.

A copy of the relevant Minutes of Proceedings (Meeting No. 15) was tabled.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Martin (Winnipeg Centre) , seconded by Ms. McDonough (Halifax) , Bill C-517, An Act to amend the Canada Business Corporations Act (qualification of auditor), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Martin (Winnipeg Centre) , seconded by Ms. McDonough (Halifax) , Bill C-518, An Act to amend the Canada Business Corporations Act (annual financial statements), 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 resolved, — That the 23rd Report of the Standing Committee on Procedure and House Affairs, presented earlier today, be concurred in.

Presenting Petitions

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

— by Mr. Guimond (Beauport—Montmorency—Côte-de-Beaupré—Île-d'Orléans) , one concerning the Employment Insurance program (No. 373-0751);

— by Mr. Cadman (Surrey North) , one concerning marriage (No. 373-0752);

— by Mr. Szabo (Mississauga South) , one concerning stem cell research (No. 373-0753), one concerning the Canadian Charter of Rights and Freedoms (No. 373-0754) and one concerning marriage (No. 373-0755);

— by Mr. Shepherd (Durham) , one concerning the Department of Human Resources Development (No. 373-0756).

Pursuant to Standing Order 36(8)(b), the failure of the Ministry to respond to the following petition was deemed referred to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness:

Mr. Kilger (Stormont—Dundas—Charlottenburgh) — No. 373-0501 concerning abortion.

Questions on Order Paper

Mr. Gallaway (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answers to questions Q-66 and Q-67 on the Order Paper.

Pursuant to Standing Order 39(7), Mr. Gallaway (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the return to the following question made into an Order for Return:

Q-9 — Mr. Williams (St. Albert) — For each of the following categories of items purchased either by Public Works and Government Services Canada for departments, agencies or Crown corporations, or by the individual department, agency or Crown corporation in fiscal years 2002-2003, namely; (1) teapots, (2) televisions, (3) briefcases, (4) umbrellas, (5) sewing machines, (6) microwaves, (7) flatware, (8) clothes hangers, (9) wine glasses, (10) cameras, both regular and digital, (11) golf balls, (12) golf tees, (13) beverages, alcoholic, (14) jams, jellies and preserves, (15) land mines, (16) games, toys and wheeled goods, (17) phonograph records, (18) perfumes, toilet preparations and powders: a) by department, agency or Crown corporation, how many in each category were purchased; b) what was the total cost spent by either Public Works and Government Services Canada or another department, agency or Crown corporation on each category? — Sessional Paper No. 8555-373-9.

Pursuant to Standing Order 39(5), the failure of the Ministry to respond to the following question was deemed referred to the Standing Committee on Environment and Sustainable Development:

Q-60 — Mr. Keddy (South Shore) — In regard to climate change: (a) besides Environment Canada, what other federal government departments have climate action programs and at what annual cost are they funded; (b) is funding for these programs by journal-voucher from Environment Canada or is it part of departmental operating funds; (c) why did the federal government stop funding the joint project “National Museum of Natural Sciences Project on Climatic Change in Canada During the Past 20,000 Years”; (d) what happened to the plan to set up weather data archives in Downsview, including a national registry of tree ring and other proxy data; (e) which non-governmental climate scientists, and exactly when, have Environment Canada sponsored to send to the Intergovernmental Panel on Climate Change or any other climate conference; (f) what fully refereed scientific papers have Henry Hengeveld and David Philips had published in peer-reviewed scientific literature; (g) when were they published; (h) what groups and individuals were given financial assistance, by Environment Canada or any other department, agency or Crown corporation, including funds for research, staffing, travel, meals (including alcoholic beverages) and accommodation to attend or present at the cross-Canada climate change secretariat stakeholder consultations held in the fall of 2002; (i) what groups and individuals were given financial assistance by Environment Canada or any other department, agency or Crown corporation, including funds for research, staffing, travel, meals (including alcoholic beverages) and accommodation to attend or present before the House of Commons Standing Committee on the Environment and Sustainable Development during the past five years; (j) which scientists have presented climate science-related testimony before the House of Commons Standing Committee on the Environment and Sustainable Development during the past five years; (k) when have environmental lobby group members, including David Suzuki, met with the Prime Minister or any members of his cabinet since 1993; and (l) which non-governmental climate scientists have met with the Prime Minister or any members of his cabinet since 1993?

Pursuant to Standing Order 39(5), the failure of the Ministry to respond to the following question was deemed referred to the Standing Committee on Finance:

Q-63 — Mr. Keddy (South Shore) — Concerning Western Economic Diversification and the Community Futures Program since the inception of the program: (a) how many Community Futures Development Corporations (CFDCs) have opened and how many have closed their doors; (b) what was the reason for the closing of the CFDCs; (c) how much money has been given to the CFDCs upon startup and have there been any extraordinary payments made, including the reason why; (d) what audits and reviews were conducted on CFDCs; (e) what are the names and locations of all CFDCs in Western Canada with the amount of funding provided to each (separated out by payment), whether each is still in operation, and any reasons that it is no longer in operation?

Pursuant to Standing Order 39(5), the failure of the Ministry to respond to the following question was deemed referred to the Standing Committee on Government Operations and Estimates:

Q-72 — Mr. Reynolds (West Vancouver—Sunshine Coast) — For the fiscal years 2001-2002, 2002-2003, 2003-2004, from all departments and agencies of the government, including crown corporations and quasi/non-governmental agencies funded by the government, and not including research and student-related grants and loans, what grants, loans, contributions and contracts have been awarded in the constituency of West Vancouver—Sunshine Coast, including the name and address of each recipient, whether or not each was competitively awarded, the date, the amount and the type of funding, and, if repayable, whether or not it has been repaid?

Government Orders

The debate continued.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, April 27, 2004, at the expiry of the time provided for Government Orders.

The Order was read for the consideration at report stage of Bill C-23, 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, as reported by a committee.

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

Group No. 1 — Motions Nos. 1, 2, 11 to 16 and 18.

Group No. 2 — Motions Nos. 3 to 10 and 17.

Group No. 1

Mr. Graham (Minister of Foreign Affairs) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , moved Motion No. 1, — That Bill C-23, in Clause 2, be amended

(a) by replacing lines 1 and 2 on page 3 with the following:

““first nation” means

(a) in any provision of Part 5, a band; and

(b) in any other provision, a band named in the schedule.”

(b) by adding after line 4 on page 4 the following:

“(3) At the request of the council of a band, the Governor in Council may, by order, amend the schedule by adding, deleting or changing the name of the band.”

“13.1 Paragraphs 83(1)(a) and (d) to (g) and section 84 of the Indian Act and any regulations made under paragraph 73(1)(m) of that Act do not apply to a first nation.”

“141. (1) By-laws made by a first nation under paragraph 83(1)(a), or any of paragraphs 83(1)(d) to (g), of the Indian Act that are in force on the day on which the name of the first nation is added to the schedule are”

(a) by replacing line 35 on page 62 with the following:

“the Indian Act before paragraph (a) is replaced by”

(b) by replacing line 39 on page 62 with the following:

“province, but subject to section 83 and”

“SCHEDULE

(Subsections 2(1) and (3))”

Debate arose on the motions in Group No. 1.

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. Anderson (Minister of the Environment) — Management Plan for Kluane National Park and Reserve of Canada for 2004-2008, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(1). — Sessional Paper No. 8560-373-847-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Environment and Sustainable Development)

— by Mr. Anderson (Minister of the Environment) — Management Plan for Vuntut National Park of Canada for 2004-2008, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(1). — Sessional Paper No. 8560-373-848-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Environment and Sustainable Development)

— by Mr. Anderson (Minister of the Environment) — Management Plan for Nahanni National Park Reserve of Canada for 2004-2008, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(1). — Sessional Paper No. 8560-373-849-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Environment and Sustainable Development)

— by Mr. Speller (Minister of Agriculture and Agri-Food) — Summaries of the Corporate Plan for the period 2004-2005 to 2008-2009 and of the Operating and Capital Budgets for 2004-2005 of Farm Credit Canada, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4). — Sessional Paper No. 8562-373-818-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Agriculture and Agri-Food)

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 6:39 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).