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42nd PARLIAMENT, 1st SESSION | |
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JournalsNo. 433 Thursday, June 13, 2019 10:00 a.m. |
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Prayer |
Daily Routine Of Business |
Tabling of Documents |
The Speaker laid upon the Table, — Report of the Parliamentary Budget Officer entitled "Closing the Gap: Carbon Pricing for the Paris Target", pursuant to the Parliament of Canada Act, R.S., 1985, c. P-1, sbs. 79.2(2). — Sessional Paper No. 8560-421-1119-43.
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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. 421-03476 concerning the protection of the environment. — Sessional Paper No. 8545-421-3-77;
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— No. 421-03478 concerning labour unions. — Sessional Paper No. 8545-421-247-01;
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— No. 421-03479 concerning the tax system. — Sessional Paper No. 8545-421-1-47;
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— No. 421-03494 concerning immigration. — Sessional Paper No. 8545-421-23-29;
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— No. 421-03697 concerning Saeed Malekpour. — Sessional Paper No. 8545-421-248-01.
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Motions |
Mr. Lamoureux (Winnipeg North), seconded by Mr. Bittle (St. Catharines), moved, — That the House do now proceed to the Orders of the Day. |
The question was put on the motion and it was agreed to on the following division: |
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(Division No. 1354 -- Vote no 1354) | |
YEAS: 149, NAYS: 87 |
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YEAS -- POUR Aldag Ellis Lebouthillier Ratansi Total: -- 149 |
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NAYS -- CONTRE Aboultaif Chong Jeneroux Pauzé Total: -- 87 |
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PAIRED -- PAIRÉS Gill Goldsmith-Jones Kmiec Qualtrough Total: -- 4 |
Government Orders |
Notice having been given at a previous sitting under the provisions of Standing Order 78(3), Ms. Chagger (Leader of the Government in the House of Commons), seconded by Mr. Wilkinson (Minister of Fisheries, Oceans and the Canadian Coast Guard), moved, — That, in relation to Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, not more than one further sitting day shall be allotted to the stage of consideration of the Senate amendments to the Bill; and |
That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the said stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment. |
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the time allocation motion. |
The question was put on the motion and it was agreed to on the following division: |
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(Division No. 1355 -- Vote no 1355) | |
YEAS: 154, NAYS: 104 |
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YEAS -- POUR Aldag Eyking Leslie Rioux Total: -- 154 |
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NAYS -- CONTRE Aboultaif Choquette Johns Plamondon Total: -- 104 |
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PAIRED -- PAIRÉS Gill Goldsmith-Jones Kmiec Qualtrough Total: -- 4 |
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Notice having been given at a previous sitting under the provisions of Standing Order 78(3), Ms. Chagger (Leader of the Government in the House of Commons), seconded by Mr. Carr (Minister of International Trade Diversification), moved, — That, in relation to Bill C-100, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and |
That, at the expiry of the five hours provided for the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment. |
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the time allocation motion. |
The question was put on the motion and it was agreed to on the following division: |
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(Division No. 1356 -- Vote no 1356) | |
YEAS: 152, NAYS: 100 |
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YEAS -- POUR Aldag Erskine-Smith Leslie Ratansi Total: -- 152 |
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NAYS -- CONTRE Aboultaif Deltell Lake Ramsey Total: -- 100 |
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PAIRED -- PAIRÉS Gill Goldsmith-Jones Kmiec Qualtrough Total: -- 4 |
Motions |
By unanimous consent, it was ordered, — That Motion M-225 be deemed adopted. |
Government Orders |
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. |
Tabling of Documents |
The Speaker laid upon the Table, — House of Commons: Report to Canadians for the year 2019. — Sessional Paper No. 8563-421-342.
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Government Orders |
The Order was read for the consideration of the amendments made by the Senate to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts. |
Ms. Gould (Minister of Democratic Institutions) for Ms. Murray (President of the Treasury Board), seconded by Mr. Sohi (Minister of Natural Resources), moved, — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the House: |
agrees with amendments 1, 2, 4, 5(b), 6, 7, 8(b), 9, 10, 11, 13, 14(b), 15(a), (b) and (d), 16, 17, 18, 19 and 20 made by the Senate; |
respectfully disagrees with amendments 3 and 12 because the amendments seek to legislate matters which are beyond the policy intent of the bill, whose purpose is to make targeted amendments to the Act, notably to authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requests, and to create a new Part of the Act providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices including the Prime Minister’s Office, government institutions, and institutions that support superior courts; |
as a consequence of Senate amendment 4, proposes to add the following amendment: |
1. New clause 6.2, page 4: Add the following after line 4: |
“6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following: |
7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,”. |
proposes that amendment 5(a) be amended to read as follows: |
“(a) on page 5, delete lines 31 to 36; |
(a.1) on page 6, replace line 1 with the following: |
“13 Section 30 of the Act is amended by adding the”;”; |
as a consequence of Senate amendment 5(a), proposes to add the following amendments: |
1. Clause 16, page 7: Replace line 37 with the following: |
“any of paragraphs 30(1)(a) to (e), the Commissioner”. |
2. Clause 19, page 11: Replace line 28 with the following: |
“any of paragraphs 30(1)(a) to (e) and who receives a re-”. |
proposes that amendment 8(a) be amended by deleting subsection (6); |
proposes that amendment 14(a) be amended by replacing the text of the English version of the amendment with the following: “the publication may constitute a breach of parliamen-”; |
respectfully disagrees with amendment 15(c) because providing the Information Commissioner with oversight over proactive publication by institutions supporting Parliament and the courts has the potential to infringe parliamentary privilege and judicial independence. |
Debate arose thereon. |
Quorum |
The attention of the Speaker was drawn to the lack of a quorum and, fewer than 20 Members having been counted, pursuant to Standing Order 29(3), the bells were rung to call in the Members. |
After one minute, a quorum was found. |
Government Orders |
The House resumed consideration of the motion of Ms. Murray (President of the Treasury Board), seconded by Mr. Sohi (Minister of Natural Resources), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the House: |
agrees with amendments 1, 2, 4, 5(b), 6, 7, 8(b), 9, 10, 11, 13, 14(b), 15(a), (b) and (d), 16, 17, 18, 19 and 20 made by the Senate; |
respectfully disagrees with amendments 3 and 12 because the amendments seek to legislate matters which are beyond the policy intent of the bill, whose purpose is to make targeted amendments to the Act, notably to authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requests, and to create a new Part of the Act providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices including the Prime Minister’s Office, government institutions, and institutions that support superior courts; |
as a consequence of Senate amendment 4, proposes to add the following amendment: |
1. New clause 6.2, page 4: Add the following after line 4: |
“6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following: |
7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,”. |
proposes that amendment 5(a) be amended to read as follows: |
“(a) on page 5, delete lines 31 to 36; |
(a.1) on page 6, replace line 1 with the following: |
“13 Section 30 of the Act is amended by adding the”;”; |
as a consequence of Senate amendment 5(a), proposes to add the following amendments: |
1. Clause 16, page 7: Replace line 37 with the following: |
“any of paragraphs 30(1)(a) to (e), the Commissioner”. |
2. Clause 19, page 11: Replace line 28 with the following: |
“any of paragraphs 30(1)(a) to (e) and who receives a re-”. |
proposes that amendment 8(a) be amended by deleting subsection (6); |
proposes that amendment 14(a) be amended by replacing the text of the English version of the amendment with the following: “the publication may constitute a breach of parliamen-”; |
respectfully disagrees with amendment 15(c) because providing the Information Commissioner with oversight over proactive publication by institutions supporting Parliament and the courts has the potential to infringe parliamentary privilege and judicial independence. |
The debate continued. |
Private Members' Business |
At 5:31 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. Julian (New Westminster—Burnaby), seconded by Mr. MacGregor (Cowichan—Malahat—Langford), — That Bill C-331, An Act to amend the Federal Courts Act (international promotion and protection of human rights), be now read a second time and referred to the Standing Committee on Justice and Human Rights. |
The debate continued. |
The question was put on the motion and, pursuant to Order made Tuesday, May 28, 2019, the recorded division was deferred until Wednesday, June 19, 2019, at the expiry of the time provided for Oral Questions. |
Government Orders |
Pursuant to Standing Order 57, Ms. Chagger (Leader of the Government in the House of Commons), seconded by Ms. McKenna (Minister of Environment and Climate Change), moved, — That, in relation to the consideration of Senate amendments to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, the debate not be further adjourned. |
Pursuant to Standing Order 67.1, the House proceeded to the question period regarding the moving of the closure motion.
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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. 1357 -- Vote no 1357) | |
YEAS: 147, NAYS: 72 |
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YEAS -- POUR Aldag Ehsassi Lapointe Ratansi Total: -- 147 |
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NAYS -- CONTRE Aboultaif Cooper Lloyd Reid Total: -- 72 |
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PAIRED -- PAIRÉS Gill Goldsmith-Jones Kmiec Qualtrough Total: -- 4 |
The House resumed consideration of the motion of Ms. McKenna (Minister of Environment and Climate Change), seconded by Ms. Chagger (Leader of the Government in the House of Commons), — That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, the House: |
agrees with amendments 1(b)(i), 1(c)(vi), 1(g)(iv), 1(g)(v), 1(h)(iii), 1(h)(iv), 1(i)(i), 1(i)(iii), 1(k)(x), 1(o)(iv), 1(p)(ii), 1(q)(i), 1(q)(ii), 1(r)(i), 1(t)(i), 1(t)(ii), 1(t)(iii), 1(u)(i), 1(u)(ii), 1(v)(i), 1(v)(iii), 1(w)(i), 1(w)(ii), 1(w)(iii), 1(y)(iii), 1(y)(iv), 1(ab)(iv), 1(ac)(i), 1(ad), 1(ae), 1(af)(i), 1(af)(iii), 1(ai)(i), 1(aj)(ii), 1(ak)(ii), 1(ak)(iii), 1(al), 1(an)(ii), 1(aq), 1(ar), 1(as), 1(at)(i), 1(at)(ii), 1(au)(i), 1(au)(ii), 1(aw)(i), 1(aw)(ii), 1(ax), 1(ay)(i), 1(bb), 1(bc), 6(l), 6(o)(i), 6(p)(i), 6(p)(ii), 6(q), 6(r), 10, 11(a), 11(d)(i), 11(e)(ii) and 16 made by the Senate; |
respectfully disagrees with amendments 1(a)(i),1(a)(ii), 1(a)(iii), 1(a)(iv), 1(b)(ii), 1(c)(i), 1(c)(ii), 1(c)(iii), 1(c)(v), 1(d)(i), 1(d)(ii), 1(d)(iii), 1(e)(i), 1(e)(ii), 1(g)(i), 1(g)(iii), 1(h)(i), 1(h)(ii), 1(h)(v), 1(i)(ii), 1(j)(i), 1(j)(ii), 1(j)(iii), 1(k)(i), 1(k)(ii), 1(k)(iii), 1(k)(iv), 1(k)(v), 1(k)(vi), 1(k)(vii), 1(k)(viii), 1(l)(iii), 1(l)(iv), 1(m)(i), 1(m)(ii), 1(m)(iii), 1(m)(iv), 1(m)(v), 1(m)(vi), 1(n)(i), 1(n)(ii), 1(n)(iii), 1(n)(iv), 1(n)(v), 1(o)(i), 1(o)(ii), 1(o)(iii), 1(p)(i), 1(p)(iii), 1(r)(ii), 1(s)(i), 1(s)(ii), 1(v)(ii), 1(x), 1(y)(ii), 1(z)(i), 1(z)(ii), 1(z)(iii), 1(aa)(i), 1(aa)(ii), 1(ac)(ii), 1(ac)(iii), 1(ac)(iv), 1(ag)(ii), 1(ag)(iii), 1(ag)(iv), 1(ag)(vi), 1(ag)(vii), 1(ag)(viii), 1(ah)(i), 1(ah)(ii), 1(ah)(iii), 1(ah)(iv), 1(ah)(v), 1(ai)(ii), 1(aj)(i), 1(aj)(iii), 1(ak)(i), 1(am), 1(an)(i), 1(an)(iv), 1(av)(i), 1(av)(ii), 1(ay)(ii), 1(ay)(iii), 1(az)(i), 1(az)(ii), 1(ba), 6(a), 6(b), 6(c), 6(d)(i), 6(d)(ii), 6(e), 6(f), 6(g)(i), 6(g)(ii), 6(g)(iii), 6(h)(i), 6(h)(ii), 6(h)(iii), 6(i)(i), 6(i)(ii), 6(i)(iii), 6(i)(iv), 6(j)(i), 6(j)(ii), 6(k), 6(m)(i), 6(n), 6(o)(ii), 6(s), 7, 8, 9, 11(b), 11(c)(i), 11(c)(ii), 11(d)(ii), 11(e)(i), 12(a), 12(b), 13, 14(a), 14(b), 15(a), 15(b), 17(a), 17(b) and 17(c) made by the Senate; |
proposes that amendment 1(c)(iv) be amended by replacing the text of the amendment with the following: |
“(b.1) to establish a fair, predictable and efficient process for conducting impact assessments that enhances Canada’s competitiveness, encourages innovation in the carrying out of designated projects and creates opportunities for sustainable economic development;”; |
proposes that amendment 1(f) be amended by deleting subsections (4.1) and (4.2); |
proposes that amendment 1(g)(ii) be amended by deleting the amendments to subsection 9(1) and deleting subsection 9(1.1); |
proposes that amendment 1(k)(ix) be amended by replacing the text of the amendment with the following: |
“sessment of the project that sets out the information or studies that the Agency requires from the proponent and considers necessary for the conduct of the impact assessment; and”; |
proposes that amendment 1(k)(xi) be amended by replacing the text of the amendment with the following: |
“(1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for the conduct of the impact assessment. |
(1.2) The scope of the factors referred to in paragraphs 22(1)(a) to (f), (h) to (l) and (s) and (t) that are to be taken into account under subsection (1.1) and set out in the tailored guidelines referred to in paragraph (1)(b), including the extent of their relevance to the impact assessment, is determined by the Agency.”; |
proposes that amendment 1(l)(i) be amended by replacing the text of the amendment with the following: |
“(3) The Agency may, on request of any jurisdiction referred to in paragraphs (c) to (g) of the definition jurisdiction in section 2, extend the time limit referred to in subsection (1) by any period up to a maximum of 90 days, to allow it to cooperate with that jurisdiction with respect to the Agency’s obligations under subsection (1). |
(4) The Agency must post a notice of any extension granted under subsection (3), including the reasons for granting it, on the Internet site. |
(5) The Agency may suspend the time limit within which it must provide the notice of the com-”; |
proposes that amendment 1(l)(ii) be amended by renumbering subsection (7) as subsection (6); |
proposes that amendment 1(o)(v) be amended by replacing the text of the amendment with the following: |
“(2) The Agency’s determination of the scope of the factors made under subsection 18(1.2) applies when those factors are taken into account under subsection (1).”; |
proposes that, as a consequence of Senate amendment 1(q)(ii), the following amendment be added: |
“1. Clause 1, page 24: Delete lines 8 and 9”; |
proposes that amendment 1(r)(iii) be amended to read as follows: |
“(iii) replace lines 20 to 26 with the following: |
(8) The Agency must post on the Internet site a notice of the time limit established under subsection (5) and of any extension granted under this section, including the reasons for establishing that time limit or for granting that extension. |
(9) The Agency may suspend the time limit within which it must submit the report until any activi-”; |
proposes that amendment 1(r)(iv) be amended by deleting section 28.1; |
proposes that amendment 1(y)(i) be amended by replacing the text of the amendment with the following: |
“of reference and the Agency must, within the same period, appoint as a member one or more persons who are unbiased and free from any conflict of in-”; |
proposes that amendment 1(z)(iv) be amended by replacing the text of the amendment with the following: |
“net site — establish the panel’s terms of reference in consultation with the President of the Canadian Nuclear Safety Commission and the Agency must, within the same period, ap-”; |
proposes that amendment 1(z)(v) be amended by replacing the text of the amendment with the following: |
“President of the Canadian Nuclear Safety Commission. |
(4) The persons appointed from the roster must not”; |
proposes that amendment 1(aa)(iii) be amended by replacing the text of the amendment with the following: |
“net site — establish the panel’s terms of reference in consultation with the Lead Commissioner of the Canadian Energy Regulator and the Agency must, within the same period, ap-”; |
proposes that amendment 1(aa)(iv) be amended by replacing the text of the amendment with the following: |
“Lead Commissioner of the Canadian Energy Regulator. |
(4) The persons appointed from the roster must not”; |
proposes that amendment 1(ab)(i) be amended by replacing the text of the amendment with the following: |
“referred to in section 14. |
50 (1) The Minister must establish the following rosters:”; |
proposes that amendment 1(ab)(ii) be amended by replacing the text of the amendment with the following: |
“(2) In establishing a roster under paragraph (1)(b), the Minister must consult with the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act. |
(3) In establishing a roster under paragraph (1)(c), the Minister must consult with the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.”; |
proposes that amendment 1(ab)(iii) be amended to read as follows: |
“(iii) replace lines 30 and 31 with the following: |
opportunity to participate meaningfully, in the manner that the review panel considers appropriate and within the time period that it specifies, in the im-”; |
proposes that amendment 1(af)(ii) be amended to read as follows: |
“(ii) replace lines 20 to 23 with the following: |
(a) determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public inter-”; |
proposes that, as a consequence of the amendment to amendment 1(af)(ii), the following amendment be added: |
“1. Clause 1, page 41: Replace lines 25 to 27 with the following: |
(b) refer to the Governor in Council the matter of whether the effects referred to in paragraph (a) are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”; |
proposes that amendment 1(af)(iv) be amended by replacing the text of the amendment with the following: |
“the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to”; |
proposes that amendment 1(af)(v) be amended to read as follows: |
“(v) replace lines 36 to 39 with the following: |
whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”; |
proposes that amendment 1(af)(vi) be amended by replacing the text of the amendment with the following: |
“(1.1) For the purpose of subsection (1), responsible Minister means the following Minister: |
(a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act; |
(b) in the case of a report prepared by a review panel established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act. |
(2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made, |
(a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or |
(b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.”; |
proposes that amendment 1(ag)(i) be amended to read as follows: |
“(i) replace lines 6 to 9 with the following: |
whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”; |
proposes that amendment 1(ag)(v) be amended to read as follows: |
“(v) replace lines 19 to 22 with the following: |
(b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant;”; |
proposes that amendment 1(an)(iii) be amended by renumbering subsection 94(1) as section 94; |
proposes that amendment 1(ao)(i) be amended by replacing the text of the amendment with the following: |
“95 (1) The Minister may establish a committee – or autho-”; |
proposes that amendment 1(ao)(ii) be amended by replacing the text of the amendment with the following: |
“(2) The Minister may deem any assessment that provides guidance on how Canada’s commitments in respect of climate change should be considered in impact assessments and that is prepared by a federal authority and commenced before the day on which this Act comes into force to be an assessment conducted under this section.”; |
proposes that amendment 1(ao)(iii) be amended by replacing the text of the amendment with the following: |
“may be, must take into account any scientific information and Indigenous knowledge — including the knowledge of Indigenous women — provided with respect to the assessment.”; |
proposes that amendment 1(ap) be amended by replacing the text of the amendment with the following: |
“meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate, in any assess-”; |
proposes that amendment 1(at)(iii) be amended by replacing the text of the amendment with the following: |
“(a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b), establishing the conditions that must be met for the purposes of the designation and setting out the information that a person or entity — federal authority, government or body — that is referred to in subsection (3) must provide the Agency in respect of the physical activity that they propose to carry out; |
(a.3) respecting the procedures and requirements relating to assessments referred to in section 92, 93 or 95;”; |
proposes that amendment 2 be amended by replacing the text of the amendment with the following: |
“site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and the Agency must, within the same period, ap-”; |
proposes that amendment 3(a) be amended by replacing the text of the amendment with the following: |
“tablish the panel’s terms of reference in consultation with the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Agency must, within the same period, appoint the”; |
proposes that amendment 3(b) be amended by deleting subsection (3.1); |
proposes that, as a consequence of the amendment to amendment 3(b), the following amendment be added: |
“1. Clause 6, page 94: Replace lines 32 and 33 with the following: |
Petroleum Board.”; |
proposes that amendment 4(a) be amended to read as follows: |
“(a) On page 95, replace lines 33 to 36 with the following: |
(b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and |
(i) who are members of the Canada-Nova Scotia Offshore Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or |
(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”; |
proposes that amendment 4(b) be amended to read as follows: |
“(b) On page 96, replace lines 3 to 7 with the following: |
(d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and |
(i) who are members of the Canada–Newfoundland and Labrador Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or |
(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”; |
proposes that amendment 5 be amended by replacing the text of the amendment with the following: |
“8.1 (1) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (a): |
(a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources; |
(2) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (b): |
(c) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister of Natural Resources.”; |
proposes that, as a consequence of Senate amendment 6(l), the following amendment be added: |
“1. Clause 10, page 208: Replace line 39 with the following: |
section 37.1 of that Act;”; |
proposes that amendment 6(m)(ii) be amended by replacing the text of the amendment with the following: |
“within 90 days after the day on which the report under section 183 is submitted or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may,”; |
proposes that, as a consequence of the amendment to amendment 6(m)(ii), the following amendment be added: |
“1. Clause 10, page 208: Replace line 7 with the following: |
ter the day on which the Commission makes that recommendation or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act, either approve”; |
proposes that, as a consequence of Senate amendment 1(bb), the following amendment be added: |
“1. New clause 36.1, page 281: Add the following after line 24: |
36.1 For greater certainty, section 182.1 of the Impact Assessment Act applies in relation to a pending application referred to in section 36.”. |
The debate continued. |
Mrs. Stubbs (Lakeland), seconded by Mr. Brassard (Barrie—Innisfil), moved the following amendment, — That the motion be amended by deleting all the words after the words “the House” and substituting the following: |
“agrees with amendments 1(a) to 1(y), 1(z)(ii) to (v), 1(aa) to 1(bc), 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 made by the Senate;
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proposes that amendment 1(z)(i) be amended by deleting the words “conducted by a review panel”;
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proposes that amendment 2 be amended to read as follows:
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2. Clause 6, page 94:
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(a) replace line 19 with the following:
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“site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and ap-”; and
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(b) delete lines 34 and 35;
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proposes that amendment 3 be amended by adding the following:
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“(c) delete lines 23 and 24”.”.
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At 8:10 p.m., pursuant to Order made earlier today under the provisions of Standing Order 57, the Speaker interrupted the proceedings. |
The question was put on the amendment and it was negatived on the following division: |
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(Division No. 1358 -- Vote no 1358) | |
YEAS: 54, NAYS: 166 |
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YEAS -- POUR Aboultaif Davidson Martel Sopuck Total: -- 54 |
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NAYS -- CONTRE Aldag Duguid Lamoureux Poissant Total: -- 166 |
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PAIRED -- PAIRÉS Gill Goldsmith-Jones Kmiec Qualtrough Total: -- 4 |
The question was put on the main motion and it was agreed to on the following division: |
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(Division No. 1359 -- Vote no 1359) | |
YEAS: 164, NAYS: 56 |
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YEAS -- POUR Aldag Duclos Lambropoulos Picard Total: -- 164 |
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NAYS -- CONTRE Aboultaif Davidson Manly Schmale Total: -- 56 |
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PAIRED -- PAIRÉS Gill Goldsmith-Jones Kmiec Qualtrough Total: -- 4 |
The question was put on the amendment and it was negatived on division. |
The question was put on the main motion and, pursuant to Order made Tuesday, May 28, 2019, the recorded division was deferred until Monday, June 17, 2019, at the expiry of the time provided for Oral Questions. |
Messages from the Senate |
A message was 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-83, An Act to amend the Corrections and Conditional Release Act and another Act, with the following amendments:
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1. Clause 1, page 1: Add the following after line 8:
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"mental health assessment means an assessment of the mental health of a person conducted by a medical professional with recognized specialty training in mental health diagnosis and treatment, such as a psychiatrist, psychologist or psychiatric nurse or a primary care physician who has had psychiatric training. (évaluation de la santé mentale)".
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2. Clause 2, page 1: Add the following after line 13:
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"(c.1) the Service considers and gives preference to alternatives to carceral isolations, notably through a broad interpretation — informed by human rights — of sections 29, 81 and 84, thereby recognizing the fundamental role of transfers of incarcerated persons to community-based institutions funded by the Service in promoting rehabilitation, reintegration and public safety;
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(c.2) the Service ensures the effective delivery of
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(i) programs to incarcerated persons for the purpose of rehabilitation, including educational programs, vocational training and volunteer programs, and
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(ii) including alternatives developed in accordance with sections 29, 81 and 84;”.
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3. Clause 3, page 2: Add the following after line 2:
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"(2.01) As part of the development of every offender's correctional plan under subsection (1), the institutional head shall refer, in the prescribed manner, the offender for a mental health assessment as soon as practicable — and no later than 30 days — after the offender is received into the penitentiary.”.
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4. Clause 7, pages 3 and 4:
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(a) On page 3,
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(i) replace line 23 with the following:
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“(a) to a hospital, including any mental health facility, or to a provincial correctional facility, in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations;
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(b) within a penitentiary, from an area that has been",
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(ii) replace lines 28 and 29 with the following:
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"28; or
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(c) to another penitentiary, in accordance with the”, and
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(iii) replace lines 31 to 34 with the following:
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"section 28."; and
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(b) on page 4,
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(i) add the following after line 5:
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"(1.1) Within 24 hours of a person being transferred into a structured intervention unit in a penitentiary under subsection (1), the person who authorized the transfer shall refer, in the prescribed manner, the inmate for a mental health assessment.", and
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(ii) add the following after line 11:
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"29.02 If a mental health assessment or an assessment by a registered health care professional concludes that an incarcerated person suffers from any disabling mental health issue, the Commissioner shall authorize that person's transfer to a psychiatric hospital in accordance with section 29.".
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5. Clause 10, pages 5 and 15:
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(a) On page 5, replace lines 19 and 20 with the following:
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“33 (1) Any confinement in a structured intervention unit is to end as soon as possible. In particular, no such confinement is to have a duration of more than 48 hours unless authorized by a Superior Court under subsection (2).
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(2) A Superior Court may, on application by the Service, extend the duration of the period referred to in subsection (1) as the Court considers appropriate if, in the opinion of the Court, the extension is necessary for a purpose described in subsection 32(1)."; and
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(b) on page 15, replace line 15 with the following:
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"ment and sections 29.01, 33, 35 to 37.4 and 37.81 to 37.83 apply".
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6. Clause 14, page 16: Replace lines 7 to 15 with the following:
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“48 A staff member may not conduct a strip search of any person confined in a penitentiary without individualized reasonable grounds.".
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7. Clause 23, page 18:
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(a) Replace line 29 with the following:
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"er, including his or her family and adoption history."; and
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(b) replace lines 31 to 33 with the following:
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“to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous person, but only to decrease the level of risk posed by such a person.”.
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8. Clause 24, page 19: Replace lines 1 to 11 with the following:
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"24 Section 81 of the Act is replaced by the following:
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81 (1) The Minister or a person authorized by the Minister may, for the purposes of providing correctional services, enter into an agreement with
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(a) an Indigenous organization;
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(b) an Indigenous governing body;
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(c) a community group that focuses on the needs of a disadvantaged or minority population;
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(d) a community organization that serves a disadvantaged or minority population; or
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(e) any other entity that will provide community-based support services, including to other specific populations.
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(2) For the purposes of paragraphs (1)(c) and (d), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.
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(3) An agreement under subsection (1) may provide for payment by the Minister or a person authorized by the Minister in respect of the services provided by an entity described in paragraphs (1)(a) to (e).
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(4) In accordance with any agreement entered into under subsection (1), the Commissioner may transfer a person confined in a penitentiary to an entity described in paragraphs (a) to (e) with the consent of that entity and the person serving a sentence.
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(5) The Commissioner is to take all reasonable steps to
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(a) identify entities described in paragraphs 1(a) to (e) for the purpose of entering into agreements; and
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(b) seek to transfer persons confined in a penitentiary to an entity with which an agreement exists, particularly in cases in which the person is a member of a disadvantaged or minority population that the entity seeks to serve.
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(6) No person confined in a penitentiary is to be denied a transfer to an entity with which an agreement exists if the person and the entity consent unless the transfer is, as determined by a Court of competent jurisdiction, not to be in the interests of justice.”.
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9. Clause 25, page 20: Replace lines 3 to 10 with the following:
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“84 (1) If a person confined in a penitentiary requests the support, on release, of an entity referred to in subsection (2), the Service shall provide that entity with an opportunity to propose a plan for the person's release and integration into the community in which the person is to be released.
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(2) The following are the relevant entities for the purposes of subsection (1):
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(a) the community's Indigenous governing body, if applicable;
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(b) an Indigenous organization that is active in the community;
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(c) a community group that focuses on the needs of a disadvantaged or minority population;
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(d) a community organization that serves a disadvantaged or minority population; and
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(e) any other entity that provides support services in the community, including to other specific populations.
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(3) For the purposes of subsection (2), a disadvantaged or minority population includes any population that is marginalized on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.
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(4) The Service shall
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(a) take all reasonable measures to inform confined persons about the entities described in paragraphs (2)(a) to (e); and
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(b) give every entity that has proposed a plan referred to in subsection (1) adequate notice of the person's parole review or their statutory release date, as the case may be.
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(5) If the Parole Board of Canada makes any decision that is inconsistent with a plan that has been proposed by an entity for the release and integration of a person into a community, it shall provide written reasons for its decision.".
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10. New clause 35.1, page 23: Add the following after line 34:
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“35.1 The Act is amended by adding the following after section 198:
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PART III.1
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Unfairness in the Administration of a Sentence
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198.1 (1) An incarcerated person may apply to the court that imposed the sentence being served for an order reducing the period of their incarceration or parole ineligibility as the Court considers appropriate and just in the circumstances if, in the opinion of the Court, there was unfairness in the administration of a sentence.
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(2) In subsection (1), unfairness in the administration of a sentence includes any decision, recommendation, act or omission of the Commissioner or any person under the control and management of, or performing services for or on behalf of, the Commissioner that affected the person and that was
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(a) contrary to law or an established policy;
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(b) unreasonable, unjust, oppressive or improperly discriminatory;
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(c) based wholly or partly on a mistake of law or fact; or
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(d) an abuse of discretionary power.
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(3) An application under subsection (1) must be made
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(a) no later than 60 days after
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(i) the events giving rise to the alleged unfairness in the administration of a sentence occurred,
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(ii) the Service has provided to the incarcerated person any incident report or other document related to the events giving rise to the alleged unfairness in the administration of a sentence, or
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(iii) the person is informed of the conclusions and recommendations of the Correctional Investigator under section 178 in relation to these events; or
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(b) within any other period of time that the Court may establish, at its discretion and at any time, if that period is greater than the period referred to in paragraph (a).
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(4) Nothing in this section abrogates or derogates from any other right or remedy that may be available to an incarcerated person, including a right or remedy under this Act.”.
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11. Clause 40.1, pages 24 and 25:
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(a) On page 24, replace lines 25 to 31 with the following:
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"40.1 (1) At the start of the second year after the day on which this section comes into force, and at the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions enacted by this Act must be undertaken by a committee of the Senate and a committee of the House of Commons that may be designated or established for that purpose.
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(2) The review referred to in subsection (1) must include a review of the progress that has been made in eliminating practices that involve separating an incarcerated person from the general population of a penitentiary.
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(3) A committee referred to in subsection (1) must, within one year after a review is undertaken under that subsection, submit a report to the House of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends for the purpose of ensuring the elimination of practices that involve separating an incarcerated person from the general population of a penitentiary."; and
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(b) on page 25, delete lines 1 to 7.
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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. Champagne (Minister of Infrastructure and Communities) — Report of the Canada Infrastructure Bank for the fiscal year ended March 31, 2019, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2). — Sessional Paper No. 8561-421-1146-02. (Pursuant to Standing Order 108(3)(h)(v), permanently referred to the Standing Committee on Access to Information, Privacy and Ethics)
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— by Mr. Champagne (Minister of Infrastructure and Communities) — Summary of the Corporate Plan for the period 2019-2020 to 2023-2024 of the Windsor-Detroit Bridge Authority, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4). — Sessional Paper No. 8562-421-870-06. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport, Infrastructure and Communities)
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— by Mr. Champagne (Minister of Infrastructure and Communities) — Summary of the Corporate Plan for 2019-2020 to 2023-2024 of the Canada Infrastructure Bank, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4). — Sessional Paper No. 8562-421-872-03. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport, Infrastructure and Communities)
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— by Mr. Sohi (Minister of Natural Resources) — Summary of the Corporate Plan for 2019-2020 to 2023-2024 of Atomic Energy of Canada Limited, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4). — Sessional Paper No. 8562-421-824-05. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Natural Resources)
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Petitions Filed with the Clerk of the House |
Pursuant to Standing Order 36, petitions certified by the Clerk of Petitions were filed as follows: |
— by Mr. Rota (Nipissing—Timiskaming), one concerning the use of animals in research (No. 421-04467);
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— by Mr. Richards (Banff—Airdrie), one concerning the Employment Insurance Program (No. 421-04468), one concerning media organisations (No. 421-04469), one concerning the tax system (No. 421-04470) and one concerning organ transplants (No. 421-04471).
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Adjournment |
At 9:03 p.m., by unanimous consent, the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1). |