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Monday, March 10, 2008 (No. 63)

Report Stage of Bills
Bill C-5
An Act respecting civil liability and compensation for damage in case of a nuclear incident

Notices of Motions
Motion No. 1 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5 be amended by deleting Clause 21.
Motion No. 2 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5 be amended by deleting Clause 22.
Motion No. 3 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 23, be amended by replacing lines 23 and 24 on page 7 with the following:
“contains nuclear material, financial security to”
Motion No. 4 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 24, be amended by deleting lines 39 to 42 on page 7 and lines 1 to 18 on page 8.
Motion No. 5 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5 be amended by deleting Clause 26.
Motion No. 6 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5 be amended by deleting Clause 30.
Motion No. 7 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5 be amended by deleting Clause 32.
Motion No. 8 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 34, be amended by deleting lines 15 to 23 on page 11.
Motion No. 9 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5 be amended by deleting Clause 47.
Motion No. 10 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 50, be amended by deleting lines 15 to 19 on page 14.
Motion No. 11 — January 29, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 61, be amended by replacing lines 23 to 31 on page 16 with the following:
“Majesty in right of Canada the total of all amounts paid by the Minister under this Act.”
Motion No. 12 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 62, be amended by deleting lines 19 to 26 on page 17.
Motion No. 13 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 63, be amended by deleting lines 31 to 41 on page 17.
Motion No. 14 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 63, be amended by deleting lines 1 to 5 on page 18.
Motion No. 15 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 65, be amended by deleting lines 36 to 39 on page 18.
Motion No. 16 — January 29, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 66, be amended by deleting lines 3 and 4 on page 19.
Motion No. 17 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 66, be amended by deleting lines 7 to 9 on page 19.
Motion No. 18 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 66, be amended by deleting lines 10 to 12 on page 19.
Motion No. 19 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 68, be amended by deleting lines 36 to 40 on page 19.
Motion No. 20 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 68, be amended by deleting lines 41 and 42 on page 19.
Motion No. 21 — January 28, 2008 — Mr. Bevington (Western Arctic) — That Bill C-5, in Clause 68, be amended by deleting lines 1 to 3 on page 20.
Bill C-29
An Act to amend the Canada Elections Act (accountability with respect to loans)
Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:
Group No. 1 -- Motions Nos. 1 to 3.
Statement and selection by Speaker — see Debates of December 5, 2007.

Resuming Debate
Group No. 1
Motion No. 1 -- Question put separately.
Motion No. 2 -- Question put separately.
Motion No. 3 -- Question put separately.
Motion No. 1 — February 14, 2008 — Mr. Van Loan (Leader of the Government in the House of Commons and Minister for Democratic Reform), seconded by Mr. Hill (Secretary of State), — That Bill C-29, in Clause 4, be amended by deleting lines 13 to 17 on page 2.
Motion No. 2 — February 14, 2008 — Mr. Van Loan (Leader of the Government in the House of Commons and Minister for Democratic Reform), seconded by Mr. Hill (Secretary of State), — That Bill C-29, in Clause 5, be amended by replacing lines 29 to 35 on page 4 with the following:
“case of a candidate, the selection date as defined in section 478.01 in the case of a nomination contestant, the end of the leadership contest in the case of a leadership contestant, and the end of the fiscal period during which the loan was made in the case of a registered party and registered association, is deemed to be a contribution of the”
Motion No. 3 — February 14, 2008 — Mr. Van Loan (Leader of the Government in the House of Commons and Minister for Democratic Reform), seconded by Mr. Hill (Secretary of State), — That Bill C-29, in Clause 5, be amended by replacing lines 32 to 35 on page 5 with the following:
“Officer shall inform the lender of his or her decision; furthermore, the candidate's registered association or, if there is no registered association, the registered party becomes liable for the unpaid amount as if the association or party had guaranteed the loan.”
Bill S-203
An Act to amend the Criminal Code (cruelty to animals)

Notices of Motions
Motion No. 1 — March 7, 2008 — Mr. Comartin (Windsor—Tecumseh) — That Bill S-203 be amended by deleting the long title.
Pursuant to Standing Order 76.1(2), notice also received from:
Mr. Siksay (Burnaby—Douglas) and Ms. Nash (Parkdale—High Park) — March 7, 2008.
Motion No. 2 — March 7, 2008 — Mr. Comartin (Windsor—Tecumseh) — That Bill S-203 be amended by deleting Clause 1.
Pursuant to Standing Order 76.1(2), notice also received from:
Mr. Siksay (Burnaby—Douglas) and Ms. Nash (Parkdale—High Park) — March 7, 2008.
Motion No. 3 — March 7, 2008 — Mr. Comartin (Windsor—Tecumseh) — That Bill S-203, in Clause 1, be amended by replacing from line 4 on page 1 to line 6 on page 5 with the following:
“1. The heading before section 444 and sections 444 to 447 of the Criminal Code are replaced by the following:
Cruelty to Animals
444. In sections 444 to 447.3, “animal” means a vertebrate, other than a human being.
445. (1) Every one commits an offence who, wilfully or recklessly,
(a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal;
(b) kills an animal or, being the owner, permits an animal to be killed with brutal or vicious intent regardless of whether the animal dies immediately;
(c) kills an animal without lawful excuse;
(d) without lawful excuse, poisons an animal, places poison in such a position that it may easily be consumed by an animal, administers an injurious drug or substance to an animal or, being the owner, permits anyone to do any of those things;
(e) in any manner encourages, promotes, arranges, assists in or receives money for the fighting or baiting of animals, including training an animal to fight another animal;
(f) makes, maintains, keeps or allows to be made, maintained or kept a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies;
(g) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive animals are liberated by hand, trap, contrivance or any other means for the purpose of being shot at the moment they are liberated; or
(h) being the owner, occupier or person in charge of any premises, permits the premises or any part of the premises to be used in the course of an activity referred to in paragraph (e) or (g).
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or imprisonment for a term of not more than eighteen months or to both.
446. (1) Every one commits an offence who
(a) negligently causes unnecessary pain, suffering or injury to an animal;
(b) being the owner, or the person having the custody or control of an animal, wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter and care for it; or
(c) negligently injures an animal while it is being conveyed.
(2) For the purposes of subsection (1), “negligently” means departing markedly from the standard of care that a reasonable person would use.
(3) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or imprisonment for a term of not more than six months, or to both.
447. (1) The court may, in addition to any other sentence that it may impose under subsection 445(2) or 446(3),
(a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal for any period that the court considers appropriate, and in the case of a second or subsequent offence, for a minimum of five years; and
(b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable.
(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.
(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).
447.1 For greater certainty, the defences set out in subsection 429(2) apply, to the extent that they are relevant, in respect of proceedings for an offence under sections 444 to 447.3.
447.2 For greater certainty, nothing in sections 444 to 447.3 shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
447.3 (1) In this section, “law enforcement animal” means a dog, a horse or any other animal used by a peace officer or public officer in the execution of their duties.
(2) Every one commits an offence who wilfully or recklessly poisons, injures or kills a law enforcement animal while it is aiding or assisting a peace officer or public officer engaged in the execution of their duties or a person acting in aid of such an officer.
(3) Every one who commits an offence under subsection (2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine of not more than ten thousand dollars or to imprisonment for a term of not more than eighteen months, or to both.
(4) The court may, in addition to any other sentence that it may impose under subsection (3), order the accused to pay all reasonable costs associated with the loss of or injury to the law enforcement animal as a result of the commission of the offence, if the costs are readily ascertainable.”
Motion No. 3 — March 7, 2008 — Mr. Comartin (Windsor—Tecumseh) — That Bill S-203, in Clause 1, be amended by replacing from line 4 on page 1 to line 6 on page 5 with the following:
“1. The heading before section 444 and sections 444 to 447 of the Criminal Code are replaced by the following:
Cruelty to Animals
444. In sections 444 to 447.3, “animal” means a vertebrate, other than a human being.
445. (1) Every one commits an offence who, wilfully or recklessly,
(a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal;
(b) kills an animal or, being the owner, permits an animal to be killed with brutal or vicious intent regardless of whether the animal dies immediately;
(c) kills an animal without lawful excuse;
(d) without lawful excuse, poisons an animal, places poison in such a position that it may easily be consumed by an animal, administers an injurious drug or substance to an animal or, being the owner, permits anyone to do any of those things;
(e) in any manner encourages, promotes, arranges, assists in or receives money for the fighting or baiting of animals, including training an animal to fight another animal;
(f) makes, maintains, keeps or allows to be made, maintained or kept a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies;
(g) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive animals are liberated by hand, trap, contrivance or any other means for the purpose of being shot at the moment they are liberated; or
(h) being the owner, occupier or person in charge of any premises, permits the premises or any part of the premises to be used in the course of an activity referred to in paragraph (e) or (g).
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or imprisonment for a term of not more than eighteen months or to both.
446. (1) Every one commits an offence who
(a) negligently causes unnecessary pain, suffering or injury to an animal;
(b) being the owner, or the person having the custody or control of an animal, wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter and care for it; or
(c) negligently injures an animal while it is being conveyed.
(2) For the purposes of subsection (1), “negligently” means departing markedly from the standard of care that a reasonable person would use.
(3) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or imprisonment for a term of not more than six months, or to both.
447. (1) The court may, in addition to any other sentence that it may impose under subsection 445(2) or 446(3),
(a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal for any period that the court considers appropriate, and in the case of a second or subsequent offence, for a minimum of five years; and
(b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable.
(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.
(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).
447.1 For greater certainty, the defences set out in subsection 429(2) apply, to the extent that they are relevant, in respect of proceedings for an offence under sections 444 to 447.3.
447.2 For greater certainty, nothing in sections 444 to 447.3 shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
447.3 (1) In this section, “law enforcement animal” means a dog, a horse or any other animal used by a peace officer or public officer in the execution of their duties.
(2) Every one commits an offence who wilfully or recklessly poisons, injures or kills a law enforcement animal while it is aiding or assisting a peace officer or public officer engaged in the execution of their duties or a person acting in aid of such an officer.
(3) Every one who commits an offence under subsection (2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine of not more than ten thousand dollars or to imprisonment for a term of not more than eighteen months, or to both.
(4) The court may, in addition to any other sentence that it may impose under subsection (3), order the accused to pay all reasonable costs associated with the loss of or injury to the law enforcement animal as a result of the commission of the offence, if the costs are readily ascertainable.”
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