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39th PARLIAMENT, 1st SESSION | |
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JournalsNo. 145 Wednesday, May 2, 2007 2:00 p.m. |
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Prayers |
National Anthem |
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 34(1), the Speaker presented the report of a parliamentary delegation that travelled to the Hellenic Republic, the United Kingdom and the Kingdom of Norway, from March 8 to 18, 2007. — Sessional Paper No. 8565-391-75-05.
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Pursuant to Standing Order 32(2), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions: |
— Nos. 391-1255 and 391-1278 concerning housing policy. — Sessional Paper No. 8545-391-37-11;
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— No. 391-1273 concerning the mining industry. — Sessional Paper No. 8545-391-96-01;
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— Nos. 391-1275, 391-1285, 391-1286, 391-1287 and 391-1288 concerning poverty. — Sessional Paper No. 8545-391-90-02;
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— No. 391-1303 concerning alcoholic beverages. — Sessional Paper No. 8545-391-22-06;
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— No. 391-1313 concerning the Employment Insurance program. — Sessional Paper No. 8545-391-39-05;
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— No. 391-1360 concerning the Canada Post Corporation. — Sessional Paper No. 8545-391-29-08.
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Presenting Reports from Committees |
Ms. Ratansi (Don Valley East), from the Standing Committee on Status of Women, presented the 18th Report of the Committee, “The Impacts of Funding and Program Changes at Status of Women Canada”. — Sessional Paper No. 8510-391-228. |
Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response. |
A copy of the relevant Minutes of Proceedings (Meetings Nos. 28, 31, 35, 38, 48 and 49) was tabled. |
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Mr. Mills (Red Deer), from the Standing Committee on Environment and Sustainable Development, presented the Fifth Report of the Committee, “The Canadian Environmental Protection Act, 1999 — Five-Year Review: Closing the Gaps”. — Sessional Paper No. 8510-391-229. |
Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response. |
A copy of the relevant Minutes of Proceedings (Meetings Nos. 3 to 5, 7, 8, 10 to 12, 14, 17 to 19, 23, 26, 30, 32, 36, 37, 40, 43, 44, 46 and 50 to 52) was tabled. |
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Mr. Wappel (Scarborough Southwest), from the Standing Committee on Access to Information, Privacy and Ethics, presented the Fourth Report of the Committee, “Statutory Review of the Personal Information Protection and Electronic Documents Act (PIPEDA)”. — Sessional Paper No. 8510-391-230. |
Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response. |
Introduction of Private Members' Bills |
Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Comartin (Windsor—Tecumseh), seconded by Ms. Nash (Parkdale—High Park), Bill C-438, An Act to amend the Criminal Code (consent), 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, — Whereas Huseyn Celil is a Canadian citizen who was travelling in Uzbekistan on a Canadian passport, and was extradited to China; |
Whereas the Chinese government has refused to recognize Mr. Celil’s Canadian citizenship; |
Whereas the Chinese government has refused to grant Canadian officials consular access to Mr. Celil, as per the 1999 Canada China Consular agreement; and |
Whereas there are serious allegations that Mr. Celil was mistreated and possibly subjected to torture while in Chinese custody, which would constitute a serious breach of the UN Convention Against Torture, to which both Canada and China are parties; |
This House calls upon the Government of China to grant consular access to Mr. Celil and investigate the claims of mistreatment and torture both promptly and impartially, and to ensure that Mr. Celil’s rights are fully protected; and to review the allegations against Mr. Celil with a view to returning him to Canada; and this House calls upon the Government of Uzbekistan to explain why Mr. Celil was extradited to China instead of Canada since he was traveling with a Canadian passport. |
Presenting Petitions |
Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows: |
— by Ms. Lalonde (La Pointe-de-l'Île), one concerning the mining industry (No. 391-1450);
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— by Mr. Goldring (Edmonton East), one concerning the Employment Insurance program (No. 391-1451);
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— by Mr. Malhi (Bramalea—Gore—Malton), one concerning the Canada Post Corporation (No. 391-1452);
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— by Mr. Angus (Timmins—James Bay), one concerning the sexual exploitation of minors (No. 391-1453) and one concerning passports (No. 391-1454);
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— by Mrs. Mourani (Ahuntsic), two concerning federal programs (Nos. 391-1455 and 391-1456) and one concerning Kyoto Protocol (No. 391-1457);
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— by Mrs. Smith (Kildonan—St. Paul), one concerning the Canadian Human Rights Act (No. 391-1458);
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— by Mr. Patry (Pierrefonds—Dollard), one concerning the mining industry (No. 391-1459);
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— by Ms. Wasylycia-Leis (Winnipeg North), two concerning the elderly (Nos. 391-1460 and 391-1461);
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— by Mr. Guimond (Montmorency—Charlevoix—Haute-Côte-Nord), one concerning federal programs (No. 391-1462).
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Questions on the Order Paper |
Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform) presented the answer to question Q-186 on the Order Paper. |
Government Orders |
The House resumed consideration at report stage of Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, as reported by the Standing Committee on Justice and Human Rights with amendments; |
And of the motions in Group No. 1 (Motions Nos. 1 to 20). |
Group No. 1 | |
Motion No. 1 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring the long title as follows:
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Motion No. 2 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring the Preamble as follows:
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Motion No. 3 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10 be amended by restoring Clause 1 as follows:
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Amendment to Motion No. 3 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 1 of Bill C-10 be amended by substituting the following for the portion of subsection 84(5) before paragraph (a) contained in that Motion: |
“(5) In determining, for the purposes of any of subsections 85(3), 95(2), 99(2), 100(2) and 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
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Motion No. 4 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10 be amended by restoring Clause 2 as follows:
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Amendment to Motion No. 4 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 2 of Bill C-10 be amended by substituting the following for paragraphs 85(3)(b) and (c) contained in that Motion: |
“(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.”.
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Motion No. 5 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring Clause 7 as follows:
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Motion No. 6 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring Clause 10 as follows:
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Motion No. 7 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring Clause 11 as follows:
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Motion No. 8 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring Clause 13 as follows:
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Motion No. 9 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10 be amended by restoring Clause 17 as follows:
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Amendment to Motion No. 9 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 17 of Bill C-10 be amended: |
(a) by substituting the following for subparagraphs 239(1)(a)(ii) and (iii) contained in that Motion:
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“(ii) in the case of a second or subsequent offence, seven years;”
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(b) by substituting, in the English version, the following for the portion of subsection 239(2) before paragraph (a) contained in that Motion:
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“(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
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Motion No. 10 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10 be amended by restoring Clause 18 as follows:
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Amendment to Motion No. 10 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 18 of Bill C-10 be amended: |
(a) by substituting the following for subparagraphs 244(2)(a)(ii) and (iii) contained in that Motion:
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“(ii) in the case of a second or subsequent offence, seven years; and”
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(b) by substituting, in the English version, the following for the portion of subsection 244(3) before paragraph (a) contained in that Motion:
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“(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
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Motion No. 11 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10, be amended by restoring Clause 19 as follows:
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Amendment to Motion No. 11 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 19 of Bill C-10 be amended: |
(a) by substituting the following for subparagraphs 272(2)(a)(ii) and (iii) contained in that Motion:
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“(ii) in the case of a second or subsequent offence, seven years;”
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(b) by substituting, in the English version, the following for the portion of subsection 272(3) before paragraph (a) contained in that Motion:
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“(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
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Motion No. 12 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10 be amended by restoring Clause 20 as follows:
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Amendment to Motion No. 12 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 20 of Bill C-10 be amended: |
(a) by substituting the following for subparagraphs 273(2)(a)(ii) and (iii) contained in that Motion:
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“(ii) in the case of a second or subsequent offence, seven years;”
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(b) by substituting, in the English version, the following for the portion of subsection 273(3) before paragraph (a) contained in that Motion:
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“(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
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Motion No. 13 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10 be amended by restoring Clause 21 as follows:
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Amendment to Motion No. 13 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 21 of Bill C-10 be amended: |
(a) by substituting the following for subparagraphs 279(1.1)(a)(ii) and (iii) contained in that Motion:
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“(ii) in the case of a second or subsequent offence, seven years;”
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(b) by substituting, in the English version, the following for the portion of subsection 279(1.2) before paragraph (a) contained in that Motion:
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“(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
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Motion No. 14 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10 be amended by restoring Clause 22 as follows:
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Amendment to Motion No. 14 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 22 of Bill C-10 be amended: |
(a) by substituting the following for subparagraphs 279.1(2)(a)(ii) and (iii) contained in that Motion:
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“(ii) in the case of a second or subsequent offence, seven years;”
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(b) by substituting, in the English version, the following for the portion of subsection 279.1(2.1) before paragraph (a) contained in that Motion:
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“(2.1) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
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Motion No. 15 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10 be amended by restoring Clause 23 as follows:
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Amendment to Motion No. 15 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 23 of Bill C-10 be amended: |
(a) by substituting the following for subparagraphs 344(1)(a)(ii) and (iii) contained in that Motion:
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“(ii) in the case of a second or subsequent offence, seven years;”
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(b) by substituting, in the English version, the following for the portion of subsection 344(2) before paragraph (a) contained in that Motion:
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“(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
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Motion No. 16 of Mr. Nicholson (Minister of Justice and Attorney General of Canada), seconded by Mr. Bernier (Minister of Industry), — That Bill C-10 be amended by restoring Clause 24 as follows:
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Amendment to Motion No. 16 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That the Motion proposing to restore Clause 24 of Bill C-10 be amended: |
(a) by substituting the following for subparagraphs 346(1.1)(a)(ii) and (iii) contained in that Motion:
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“(ii) in the case of a second or subsequent offence, seven years;”
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(b) by substituting, in the English version, the following for the portion of subsection 346(1.2) before paragraph (a) contained in that Motion:
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“(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
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Motion No. 17 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring Clause 26 as follows:
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Motion No. 18 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring Clause 27 as follows:
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Motion No. 19 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring Clause 29 as follows:
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Motion No. 20 of Mr. Moore (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill C-10 be amended by restoring Clause 30 as follows:
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The debate continued on the motions in Group No. 1. |
Deferred Recorded Divisions |
Concurrence in Committee Reports |
By unanimous consent, it was resolved, — That the Fourth Report of the Standing Committee on Veteran Affairs (extension of time to consider Bill C-287, An Act respecting a National Peacekeepers' Day), presented on Wednesday, April 25, 2007, be concurred in. (Concurrence in Committee Reports No. 30) |
Private Members' Business |
Pursuant to Standing Order 98(4), the House proceeded to the taking of the deferred recorded division on the motion of Mr. Rajotte (Edmonton—Leduc), seconded by Mr. Van Kesteren (Chatham-Kent—Essex), — That Bill C-299, An Act to amend the Criminal Code, the Canada Evidence Act and the Competition Act (personal information obtained by fraud), as amended, be concurred in at report stage. |
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The question was put on the motion and it was agreed to on the following division: |
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(Division No. 169 -- Vote no 169) | |
YEAS: 268, NAYS: 0 |
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YEAS -- POUR Abbott Cummins Kramp (Prince Edward—Hastings) Plamondon Total: -- 268 |
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NAYS -- CONTRE Nil--Aucun |
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Accordingly, Bill C-299, An Act to amend the Criminal Code (identification information obtained by fraud or false pretence) (former title: An Act to amend the Criminal Code, the Canada Evidence Act and the Competition Act (personal information obtained by fraud)), as amended, was concurred in at report stage and ordered for a third reading at the next sitting of the House. |
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Pursuant to Standing Order 93(1), the House proceeded to the taking of the deferred recorded division on the motion of Mr. Scheer (Regina—Qu'Appelle), seconded by Mr. Batters (Palliser), — That Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), be now read a second time and referred to the Standing Committee on Justice and Human Rights. |
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The question was put on the motion and it was agreed to on the following division: |
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(Division No. 170 -- Vote no 170) | |
YEAS: 164, NAYS: 100 |
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YEAS -- POUR Abbott D'Amours Komarnicki Redman Total: -- 164 |
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NAYS -- CONTRE Alghabra Crête Kotto Paquette Total: -- 100 |
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Accordingly, Bill C-343, An Act to amend the Criminal Code (motor vehicle theft), was read the second time and referred to the Standing Committee on Justice and Human Rights. |
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Pursuant to Standing Order 93(1), the House proceeded to the taking of the deferred recorded division on the motion of Ms. Bell (Vancouver Island North), seconded by Mr. Dewar (Ottawa Centre), — That a special committee of the House be created to continue the work on electoral reform as outlined in the 43rd Report of the Standing Committee on Procedure and House Affairs from the 38th Parliament and to make further recommendations on strengthening and modernizing the democratic and electoral systems; that the membership of the special committee be established by the Standing Committee on Procedure and House Affairs and the membership report of the special committee be presented to the House within five sitting days after the adoption of this motion; that substitutions to the membership of the special committee be allowed, if required, in the manner provided by Standing Order 114(2); that the special committee have all of the powers granted to standing committees by Standing Order 108; that there be a maximum length for speeches by members of the special committee of 10 minutes on any single item; that the special committee be authorized to hold hearings across Canada; that the special committee be allowed to look into creating a citizens’ consultation group and issue an interim report to the House on this matter within six weeks of the special committee being struck; and that the special committee table its final report in the House of Commons no later than March 1, 2008. (Private Members' Business M-262) |
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The question was put on the motion and it was negatived on the following division: |
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(Division No. 171 -- Vote no 171) | |
YEAS: 91, NAYS: 175 |
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YEAS -- POUR Alghabra Cuzner Masse Savage Total: -- 91 |
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NAYS -- CONTRE Abbott Day Kenney (Calgary Southeast) Paradis Total: -- 175 |
Private Members' Business |
At 6:25 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. Bouchard (Chicoutimi—Le Fjord), seconded by Mr. Roy (Haute-Gaspésie—La Mitis—Matane—Matapédia), — That Bill C-207, An Act to amend the Income Tax Act (tax credit for new graduates working in designated regions), be now read a second time and referred to the Standing Committee on Finance. |
The debate continued. |
The question was put on the motion and, pursuant to Standing Order 93(1), the recorded division was deferred until Wednesday, May 9, 2007, immediately before the time provided for Private Members' Business. |
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. Emerson (Minister of International Trade and Minister for the Pacific Gateway and the Vancouver-Whistler Olympics) — Report of Export Development Canada, together with the Auditor General's Report, for the year ended December 31, 2006, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 150(1). — Sessional Paper No. 8560-391-289-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on International Trade)
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— by Mr. Emerson (Minister of International Trade and Minister for the Pacific Gateway and the Vancouver-Whistler Olympics) — Summaries of the Corporate Plan and Borrowing Plan for 2007-2008 to 2011-2012 and of the Operating and Capital Budgets for 2007-2008 of the Canadian Commercial Corporation, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4). — Sessional Paper No. 8562-391-817-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on International Trade)
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Adjournment Proceedings |
At 7:06 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 7:35 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1). |