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39th PARLIAMENT, 2nd SESSION | |
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JournalsNo. 75 Wednesday, April 9, 2008 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 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. 392-0382 and 392-0457 concerning asbestos. — Sessional Paper No. 8545-392-27-04;
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— No. 392-0387 concerning national historic sites. — Sessional Paper No. 8545-392-81-01;
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— Nos. 392-0389 and 392-0427 concerning the protection of the environment. — Sessional Paper No. 8545-392-1-04;
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— No. 392-0392 concerning the agricultural industry. — Sessional Paper No. 8545-392-80-01;
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— No. 392-0395 concerning transportation. — Sessional Paper No. 8545-392-11-04;
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— No. 392-0404 concerning the situation in Israel. — Sessional Paper No. 8545-392-31-05;
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— No. 392-0412 concerning suicide prevention. — Sessional Paper No. 8545-392-79-01;
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— No. 392-0439 concerning the criminal justice system. — Sessional Paper No. 8545-392-68-02.
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Presenting Reports from Interparliamentary Delegations |
Pursuant to Standing Order 34(1), Mr. Hiebert (South Surrey—White Rock—Cloverdale) presented the report of the Canadian Branch of the Commonwealth Parliamentary Association (CPA) concerning its participation at the UK Branch Conference entitled “Tackling Drugs, Changing Communities - Challenges for Parliamentarians”, held in London, United Kingdom, from February 3 to 8, 2008. — Sessional Paper No. 8565-392-53-06.
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Pursuant to Standing Order 34(1), Ms. Brunelle (Trois-Rivières) presented the report of the Canadian Section of the Canada-France Inter-Parliamentary Association concerning its participation at the Second Round of the Presidential Elections, in Paris, France, from May 2 to 7, 2007. — Sessional Paper No. 8565-392-55-01.
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Presenting Reports from Committees |
Mr. Savage (Dartmouth—Cole Harbour), from the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities, presented the Fifth Report of the Committee (extension of time, pursuant to Standing Order 97.1, to consider Bill C-362, An Act to amend the Old Age Security Act (residency requirement)). — Sessional Paper No. 8510-392-94. |
A copy of the relevant Minutes of Proceedings (Meeting No. 22) was tabled. |
Pursuant to Standing Order 97.1(3), the motion to concur in the Report was deemed moved, the question deemed put and a recorded division was deemed requested and deferred until Wednesday, April 16, 2008, immediately before the time provided for Private Members' Business. (Concurrence in Committee Reports No. 14) |
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Mr. Schellenberger (Perth—Wellington), from the Standing Committee on Canadian Heritage, presented the Seventh Report of the Committee (recommendation, pursuant to Standing Order 97.1, that Bill C-327, An Act to amend the Broadcasting Act (reduction of violence in television broadcasts), not be further proceeded with). — Sessional Paper No. 8510-392-95. |
A copy of the relevant Minutes of Proceedings (Meeting No. 25) was tabled. |
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Mr. Proulx (Hull—Aylmer), from the Standing Committee on Procedure and House Affairs, presented the 17th Report of the Committee, which was as follows:
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Introduction of Private Members' Bills |
Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. St. Amand (Brant), seconded by Mr. Brison (Kings—Hants), Bill C-534, An Act to prohibit the transfer of certain assets and operations from MacDonald, Dettwiler and Associates Limited to Alliant Techsystems Incorporated, 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 17th 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. Bevington (Western Arctic), one concerning prosperity partnership (No. 392-0550);
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— by Mr. Epp (Edmonton—Sherwood Park), two concerning the Criminal Code of Canada (Nos. 392-0551 and 392-0552);
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— by Mr. Silva (Davenport), one concerning capital punishment (No. 392-0553) and one concerning immigration (No. 392-0554);
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— by Mr. Nadeau (Gatineau), one concerning the Canada Labour Code (No. 392-0555);
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— by Mr. Julian (Burnaby—New Westminster), one concerning prosperity partnership (No. 392-0556) and one concerning the Copyright Act (No. 392-0557);
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— by Mr. Easter (Malpeque), one concerning the income tax system (No. 392-0558);
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— by Mr. Atamanenko (British Columbia Southern Interior), three concerning prosperity partnership (Nos. 392-0559 to 392-0561);
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— by Mr. Szabo (Mississauga South), one concerning the income tax system (No. 392-0562).
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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 answers to questions Q-210 to Q-212 on the Order Paper. |
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Pursuant to Standing Order 39(7), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform) presented the returns to the following questions made into Orders for Return: |
Q-205 — Mrs. Jennings (Notre-Dame-de-Grâce—Lachine) — With regards to application of Section 117 of the Immigration and Refugee Protection Act (IRPA) since September 2007: (a) which criteria contained in the Federal Prosecution Service Deskbook does the Office of the Director of Public Prosecutions use in determining whether it is in the public interest to charge humanitarian aid workers under Section 117 of the IRPA; (b) what directives has the Director of Public Prosecutions given to regional Canadian Border Services Agents and regional officers in the Public Prosecution Service of Canada regarding the application of these criteria; and (c) what directives has the Attorney General issued to the Director of Public Prosecutions in relation to the application of section 117 of the IRPA in cases where charges have been laid against humanitarian aid workers? — Sessional Paper No. 8555-392-205.
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Q-206 — Mr. Atamanenko (British Columbia Southern Interior) — With respect to Canadian Agricultural Income Stabilization (CAIS) program entitlement, the appeals process and exclusion from entitlement to other federal agricultural programs: (a) are appellants entitled to know what recommendations are made by the Western Amalgamated Appeals Sub-Committee and, if so, how is a copy of the recommendations obtained by the appellant; (b) are appellants entitled to know on what grounds the Intermediate Appeals Sub-Committee rejects recommendations of the Western Amalgamated Appeals Sub-Committee and, if so, how is a copy of the recommendations obtained by the appellant; (c) has the CAIS administration ever issued rejection letters to an appellant before or after soliciting the involvement of an appeals committee and, if so, how is a copy of the motion or other directive permitting this obtained by the appellant; (d) who is responsible for forwarding recommendations made by the Western Amalgamated Appeals Sub-Committee to the next level of appeal; (e) are there any legitimate grounds upon which the National CAIS Committee (NCC) administration is allowed to refuse an appellant the full extent of an appeal by neglecting to forward the recommendations of the Western Amalgamated Appeals Sub-Committee to the next level of appeal; (f) does the appeal process deal with appeals on a case by case basis or can the NCC administration short-circuit the appeals process based on a judgment that an appellant's complaint is just like the one that may have preceded it; (g) are there guidelines established that would give an appellant a reasonable expectation of the time it should take to address an appeal at all the various levels and, if so, what are the guidelines that govern a reasonable expectation; (h) is the appellant justified in expecting that the decisions made by appeals committees will be communicated to the appellant; (i) what are the circumstances under which it would be acceptable not to inform the appellant of decisions made by appeal committees; (j) is it a reasonable expectation on the part of the appellant to expect that the decision of their appeal would not be discussed by the NCC administration, to the public or a competitor without the approval of the appellant and, if so, what recourse is open to the appellant if this expectation has not been respected; (k) would the public circulation of a decision made by the NCC administration without the appellant's express permission constitute a “moral hazard” for the purposes of the Principles of the Transition Agreements, section 14.1.3; (l) would such an action call into question the integrity of the appeals process and compromise the quality and legitimacy of the decisions and decision making process, as they applied to the appellant; (m) how many times is it acceptable to change the reasons that are given to a producer for their exclusion from a program; (n) when a historically precedent-setting change to the eligibility criteria of producers to Business Risk Management (BRM) programs are made, who bears the responsibility of ensuring that these changes in direction are clearly and adequately communicated to the agents of the program and who bears the responsibility to articulate these precedent-setting changes in the guidelines; (o) is the producer under any obligation to demand of the purchaser an accounting or history of the purchaser's previous use of the product in order that the producer may be eligible for BRM and, if so, what is the justification for this under the CAIS program; (p) if the purchaser’s intended end use of the product changes after the purchase has been made, is the producer then entitled to re-apply, if they have previously been denied program funding because of the purchaser’s stated intended end use of the product; (q) what level of appeal hears issues that may pertain to situations where the guidelines are in conflict with other over-riding legislation or previous implementation agreements and does this level have any authority to bring resolution to a conflict; (r) what is the duty of the NCC administration to ensure that they are correctly following their legislative duty to Parliament to act in accordance with the legislation; (s) are the administrators of the CAIS program accountable to the government if they fail to act in accordance with the legislation and statutes; (t) what avenues are open to the appellant once the appeal process comes to an end, if they can show that the legislation and duly signed implementation agreements have not been followed; (u) are there any circumstances under which the NCC is allowed to approve the implementation of guidelines that are inconsistent with legislation and, if so, where in the legislation is that entitlement articulated; and (v) what avenues are open to the appellant to prevent the NCC administration from moving a matter to Revenue Canada for collection, once all avenues under the appeals process have failed, when there are conflicts between legislation and program guidelines? — Sessional Paper No. 8555-392-206.
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Government Orders |
The House resumed consideration of the motion of Mr. Flaherty (Minister of Finance), seconded by Mr. Baird (Minister of the Environment), — That Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, be now read a second time and referred to the Standing Committee on Finance; |
And of the amendment of Ms. Chow (Trinity—Spadina), seconded by Mr. Mulcair (Outremont), — That the motion be amended by deleting all the words after the word "That" and substituting the following:
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“this House declines to give second reading to Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, since the principles of the Bill relating to immigration fail to recognize that all immigration applicants should be treated fairly and transparently, and also fail to recognize that family reunification builds economically vibrant, inclusive and healthy communities and therefore should be an essential priority in all immigration matters”.
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The debate continued. |
The question was put on the amendment and, pursuant to Standing Order 45, the recorded division was deferred until later today, at the expiry of the time provided for Government Orders. |
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The Order was read for the consideration at report stage of Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence, as reported by the Standing Committee on Transport, Infrastructure and Communities with an amendment. |
Pursuant to Standing Order 76.1(5), the Speaker selected for debate Motion No. 1. |
Ms. Verner (Minister of Canadian Heritage, Status of Women and Official Languages) for Mr. Cannon (Minister of Transport, Infrastructure and Communities), seconded by Mr. Toews (President of the Treasury Board), moved Motion No. 1, — That Bill C-23, in Clause 15, be amended by replacing line 36 on page 7 with the following:
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Debate arose on motion No. 1. |
Deferred Recorded Divisions |
Government Orders |
Pursuant to Standing Order 45, the House resumed consideration of the motion of Mr. Flaherty (Minister of Finance), seconded by Mr. Baird (Minister of the Environment), — That Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, be now read a second time and referred to the Standing Committee on Finance. |
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The House proceeded to the taking of the deferred recorded division on the amendment of Ms. Chow (Trinity—Spadina), seconded by Mr. Mulcair (Outremont), — That the motion be amended by deleting all the words after the word "That" and substituting the following:
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“this House declines to give second reading to Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, since the principles of the Bill relating to immigration fail to recognize that all immigration applicants should be treated fairly and transparently, and also fail to recognize that family reunification builds economically vibrant, inclusive and healthy communities and therefore should be an essential priority in all immigration matters”.
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The question was put on the amendment and it was negatived on the following division: |
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(Division No. 83 -- Vote no 83) | |
YEAS: 68, NAYS: 201 |
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YEAS -- POUR André Christopherson Laforest Ménard (Marc-Aurèle-Fortin) Total: -- 68 |
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NAYS -- CONTRE Abbott Del Mastro LeBlanc Reid Total: -- 201 |
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PAIRED -- PAIRÉS Allison Doyle Guergis Pallister |
Private Members' Business |
Pursuant to Standing Order 98(4), the House proceeded to the taking of the deferred recorded divisions at report stage of Bill S-203, An Act to amend the Criminal Code (cruelty to animals), as reported by the Standing Committee on Justice and Human Rights without amendment. |
Group No. 1 | |
The House proceeded to the taking of the deferred recorded division on Motion No. 1 of Ms. Nash (Parkdale—High Park), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill S-203 be amended by deleting the long title. |
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The question was put on Motion No. 1 and it was negatived on the following division: |
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(Division No. 84 -- Vote no 84) | |
YEAS: 62, NAYS: 193 |
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YEAS -- POUR Alghabra Crowder Layton Priddy Total: -- 62 |
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NAYS -- CONTRE Abbott Davidson Lebel Rajotte Total: -- 193 |
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PAIRED -- PAIRÉS Allison Doyle Guergis Pallister |
The House proceeded to the taking of the deferred recorded division on Motion No. 2 of Ms. Nash (Parkdale—High Park), seconded by Mr. Comartin (Windsor—Tecumseh), — That Bill S-203 be amended by deleting Clause 1. |
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The question was put on Motion No. 2 and it was negatived on the following division: |
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(Division No. 85 -- Vote no 85) | |
YEAS: 65, NAYS: 189 |
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YEAS -- POUR Alghabra Comartin Julian Neville Total: -- 65 |
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NAYS -- CONTRE Abbott D'Amours LeBlanc Regan Total: -- 189 |
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PAIRED -- PAIRÉS Allison Doyle Guergis Pallister |
Pursuant to Standing Order 98(4), Mr. Hubbard (Miramichi), seconded by Mr. Steckle (Huron—Bruce), moved, — That the Bill be concurred in at report stage. |
The question was put on the motion and it was agreed to on the following division: |
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(Division No. 86 -- Vote no 86) | |
YEAS: 189, NAYS: 70 |
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YEAS -- POUR Abbott Davidson LeBlanc Rajotte Total: -- 189 |
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NAYS -- CONTRE Alghabra Cotler Kadis Proulx Total: -- 70 |
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PAIRED -- PAIRÉS Allison Doyle Guay Komarnicki |
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Accordingly, the Bill was concurred in at report stage. |
Pursuant to Standing Order 98(4), Mr. Hubbard (Miramichi), seconded by Mr. Steckle (Huron—Bruce), moved, — That the Bill be now read a third time and do pass. |
The question was put on the motion and it was agreed to on the following division: |
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(Division No. 87 -- Vote no 87) | |
YEAS: 189, NAYS: 70 (See list under Division No. 86) |
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Accordingly, the Bill was read the third time and passed. |
Private Members' Business |
At 6:30 p.m., pursuant to Standing Order 30(7), 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 Justice and Human Rights of Bill C-519, An Act to amend the Criminal Code (bail for serious personal injury offence). |
Mr. Batters (Palliser), seconded by Mr. Scheer (Regina—Qu'Appelle), moved, — That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights. |
Debate arose thereon. |
Pursuant to Standing Order 93(1), the Order was dropped to the bottom of the order of precedence on the Order Paper. |
Adjournment Proceedings |
At 7:30 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 7:50 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1). |