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42nd PARLIAMENT, 1st SESSION

Journals No. 170 Thursday, May 4, 2017 10:00 a.m.

Prayer

Daily Routine Of Business

Tabling of Documents

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

— No. 421-01223 concerning international development and aid. — Sessional Paper No. 8545-421-43-05;

— Nos. 421-01240, 421-01252, 421-01254, 421-01255 and 421-01274 concerning rail transportation. — Sessional Paper No. 8545-421-10-11.

Presenting Reports from Committees

Mr. Bagnell (Yukon), from the Standing Committee on Procedure and House Affairs, presented the 30th Report of the Committee (items to remain votable). — Sessional Paper No. 8510-421-201.

Pursuant to Standing Order 91.1(2), the report was deemed concurred in.

Presenting Petitions

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

— by , one concerning immigration (No. 421-01300);

— by , one concerning AIDS (No. 421-01301) and one concerning genetic engineering (No. 421-01302).

Government Orders

The House resumed consideration of the motion of Mr. Morneau (Minister of Finance), seconded by Ms. Chagger (Leader of the Government in the House of Commons and Minister of Small Business and Tourism), — That Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, be now read a second time and referred to the Standing Committee on Finance;

And of the amendment of , seconded by , — That the motion be amended by deleting all the words after the word “That” and substituting the following:

“the House decline to give second reading to Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, since the Bill, in addition to increasing taxes and making it more difficult for struggling families to make ends meet, is an omnibus bill that fails to address the government's promise not to use them.”.

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.

Royal Assent

A message was received informing the Commons that on May 4, 2017, at 11:30 a.m., His Excellency the Governor General signified Royal Assent by written declaration to the following Bills:

Bill S-201, An Act to prohibit and prevent genetic discrimination — Chapter No. 3;

Bill C-224, An Act to amend the Controlled Drugs and Substances Act (assistance — drug overdose) — Chapter No. 4.

Government Orders

And of the amendment of , seconded by .

The debate continued.

Private Members' Business

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The Order was read for the consideration at report stage of Bill C-311, An Act to amend the Holidays Act (Remembrance Day), as reported by the Standing Committee on Canadian Heritage with amendments.

Mr. Fraser (West Nova), seconded by Mrs. Lockhart (Fundy Royal), moved, — That the Bill, as amended, be concurred in at report stage.

The question was put on the motion and it was agreed to.

Accordingly, the Bill, as amended, was concurred in at report stage.

Pursuant to Standing Order 76.1(11), Mr. Fraser (West Nova), seconded by Mrs. Lockhart (Fundy Royal), moved, — That the Bill be now read a third time and do pass.

Debate arose thereon.

Pursuant to Standing Order 98(2), 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 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 to amend the Citizenship Act and to make consequential amendments to another Act, with the following amendments:

1. Clause 1, pages 1 to 3:

(a) On page 1, replace lines 4 and 5 with the following:

1 (0.1) Paragraph 5(1)(b) of the Citizenship Act is repealed.

(1) The portion of paragraph 5(1)(c) of the Act before subparagraph (i) is replaced”;

(b) On page 2,

(i) replace line 4 with the following:

“(d) if 18 years of age or more but less than 60 years of age at the date of his or her ap-”,

(ii) replace line 7 with the following:

“(e) if 18 years of age or more but less than 60 years of age at the date of his or her ap-”, and

(iii) add the following after line 26:

“(7.1) Section 5 of the Act is amended by adding the following after subsection (1.03):

(1.04) When the application referred to in paragraph (1)(a) is in respect of a minor, it must be

(a) made by either parent, by a legal or de facto guardian or by any other person having custody of the minor, whether by virtue of an order of a court of competent jurisdiction, a written agreement or the operation of law; and

(b) countersigned by the minor, if the minor has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability.

(1.05) If the Minister waives the requirement set out in paragraph (1.04)(a) under subparagraph (3)(b)(v), the application referred to in paragraph (1)(a) may be made by the minor.”; and

“repealing subparagraphs (i) and (iii), by adding “or” at the end of subparagraph (iv), and by adding the following after subparagraph (iv):

(v) the requirement respecting who may make an application in respect of a minor set out in paragraph (1.04)(a).”.

2. Clause 3, page 4: Replace line 1 with the following:

“3 (1) Subsection 10(2) of the Act is repealed.

(2) Subsection 10(3) of the Act is replaced by the following:

(3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that

(a) advises the person of his or her right to make written representations;

(b) specifies the form and manner in which the representations must be made;

(c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and

(d) advises the person of his or her right to request that the case be referred to the Court.

(3.1) The person may, within 60 days after the day on which the notice is received,

(a) make written representations with respect to the matters set out in the notice, including any humanitarian and compassionate considerations — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances and whether the Minister’s decision will render the person stateless; and

(b) request that the case be referred to the Court.

(3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.

(3) The Act is amended by adding the following after subsection 10(4):

(4.1) The Minister shall refer the case to the Court under subsection 10.1(1) if the person has made a request pursuant to paragraph (3.1)(b) unless the person has made written representations pursuant to paragraph (3.1)(a) and the Minister is satisfied

(a) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances; or

(b) that sufficient humanitarian and compassionate grounds warrant special relief in light of all the circumstances of the case.

(4) The Act is amended by adding the following after subsection 10(5):

(5.1) The Minister shall provide a notice under subsection (3) or a written decision under subsection (5) by personally serving the person. If personal service is not practicable, the Minister may apply to the Court for an order for substituted service or for dispensing with service.

(5.2) The Minister’s decision to revoke citizenship or renunciation of citizenship is final and is not subject to judicial review under this Act or the Federal Courts Act.”.

3. Clause 4, page 4:

(a) Replace line 2 with the following:

“4 (1) Subsection 10.1(1) of the Act is replaced by the following:

10.1(1) If a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.

(2) Subsections 10.1(2) and (3) of the Act are re-”; and

(b) add the following after line 6:

“(3) Subsection 10.1(4) of the Act is replaced by the following:

(4) If the Minister seeks a declaration, he or she must prove on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

(5) In an action for a declaration, the Court

(a) shall assess, on a balance of probabilities, whether the facts — acts or omissions — alleged in support of the declaration have occurred, are occurring or may occur; and

(b) with respect to any evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.”.

4. New clause 5.1, page 4: Add the following after line 7:

“5.1 Subsection 10.5(1) of the Act is replaced by the following:

10.5(1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act — seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.”.

5. New clause 17.1, page 6: Add the following after line 38:

“17.1 Until the day on which subsection 1(6) comes into force, paragraphs 5(1)(d) and (e) of the Citizenship Act are replaced by the following:

(d) if 18 years of age or more but less than 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;

(e) if 18 years of age or more but less than 65 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and”.

6. New clauses 19.1 and 20.1, page 7:

(a) Add the following after line 16:

“19.1 A person whose citizenship or renunciation of citizenship was revoked under subsection 10(1) of the Citizenship Act after the day on which this Act receives royal assent but before the day on which all of subsections 3(2) to (4) come into force, is deemed never to have had their citizenship revoked.”; and

(b) add the following after line 21:

“20.1 If, immediately before the coming into force of section 4, a notice has been given to a person under subsection 10(3) of the Citizenship Act and the matter was not finally disposed of before the coming into force of that section, the person may, within 30 days after the day on which that section comes into force, elect to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of the Citizenship Act, as enacted by subsection 3(2).”.

7. Clauses 25 and 26, page 8: Replace lines 16 to 25 with the following:

“25 Subparagraphs 40(1)(d)(ii) and (iii) of the Immigration and Refugee Protection Act are replaced by the following:

(ii) subsection 10(1) of the Citizenship Act in the circumstances set out in section 10.2 of that Act before the coming into force of paragraphs 46(2)(b) and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act, or

(iii) subsection 10.1(3) of the Citizenship Act in the circumstances set out in section 10.2 of the Citizenship Act before the coming into force of paragraphs 46(2)(b) and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act.

26 Paragraphs 46(2)(b) and (c) of the Act are replaced by the following:

(b) subsection 10(1) of the Citizenship Act; or

8. Clause 27, page 9: Add the following after line 9:

“(3.1) Subsections 3(2) to (4), subsections 4(1) and (3) and section 5.1 come into force one year after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.”;

— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, with the following amendments:

1. Clause 42, page 44:

(a) Replace, in line 31, the words “not to exceed” with the words “not less than 45 days or more than”; and

(b) add the following after line 36:

“56.2 (1) The Minister may establish, for each supervised consumption site, a citizen advisory committee charged with advising those in charge of the site on matters relating to its operation and public concern about the presence of the site in their community, including with respect to public health and safety.

(2) The committee shall consist of 5 to 10 volunteers who live in the immediate vicinity of the site.

(3) The committee shall provide the Minister with a written report on its activities each year, no later than sixty days after the anniversary of the date on which it was established.

56.3 (1) A person who is responsible for the direct supervision, at a supervised consumption site, of the consumption of controlled substances, shall offer a person using the site alternative pharmaceutical therapy before that person consumes a controlled substance that is obtained in a manner not authorized under this Act.

(2) The failure to offer alternative pharmaceutical therapy in subsection (1) does not constitute an offence under this Act or any other Act of Parliament.”.

Returns and Reports Deposited with the Acting Clerk of the House

Pursuant to Standing Order 32(1), papers deposited with the Acting Clerk of the House were laid upon the Table as follows:

— by — Report of the Nuclear Waste Management Organization, together with the Auditors' Report, for the years 2014 to 2016, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, s. 19.1. — Sessional Paper No. 8560-421-808-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Natural Resources)

— by — Copy of the Regulations Amending the Special Economic Measures (Syria) Regulations (P.C. 2017-405 and P.C. 2017-407), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1). — Sessional Paper No. 8560-421-495-04. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Foreign Affairs and International Trade)

— by — Report of the Military Police Complaints Commission of Canada for the year 2016, pursuant to the National Defence Act, R.S. 1985, c. N-5, s. 250.17. — Sessional Paper No. 8560-421-733-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on National Defence)

— by — Report of the Military Grievances External Review Committee for the year 2016, pursuant to the National Defence Act, R.S. 1985, c. N-5, sbs. 29.28(2). — Sessional Paper No. 8560-421-752-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on National Defence)

Petitions Filed with the Acting Clerk of the House

Pursuant to Standing Order 36, a petition certified by the Clerk of Petitions was filed as follows:

— by , one concerning Christianity (No. 421-01303).

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 6:51 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).