CIIT Committee Meeting
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Minutes of Proceedings
It was agreed, — That the proposed budget in the amount of $3,750, for the study of Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine, be adopted.
Kyle Seeback moved, — That all amendments shall be considered in full regardless of the Chair’s ruling on admissibility.
Debate arose thereon.
RULING BY THE CHAIR
The Chair ruled the motion inadmissible as it infringed upon the Chair’s prerogative to rule on the admissibility of amendments, as stated in Standing Order 117.
Whereupon, Garnett Genuis appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
The committee commenced its clause-by-clause study of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) was postponed.
The Chair called Clause 2.
By unanimous consent, Clauses 2 to 6 inclusive carried on division severally.
On Clause 7,
Kyle Seeback moved, — That Bill C-57, in Clause 7, be amended by adding after line 34 on page 3 the following:“(o) strengthen cooperation on energy matters, including the export of Canadian energy to Ukraine; and
(p) strengthen cooperation on matters relating to nuclear technology, including the export of Canadian nuclear equipment, expertise and uranium to Ukraine.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Kyle Seeback appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
Clause 7 carried on division.
By unanimous consent, Clauses 8 to 15 inclusive carried on division severally.
On new Clause 15.1,
Simon-Pierre Savard-Tremblay moved, — That Bill C-57 be amended by adding after line 11 on page 6 the following new clause:“Compliance with principles and guidelines — Canadian companies
15.1 (1) Within twelve months after the day on which the Agreement comes into force, the Minister must appoint a group of experts responsible for
(a) ensuring that Canadian companies operating in Ukraine comply with the principles and guidelines referred to in section 15.14 of the Agreement; and
(b) receiving and responding to complaints of non-compliance with those principles and guidelines.
(2) The expert group must, on or before January 1st of each year following the group's first full year of activities, submit an annual report on its activities for the preceding year to the Minister, and the Minister must table a copy of the report in each House of Parliament on any of the first 30 days on which that House is sitting after the Minister receives the report.”
The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 772 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Simon-Pierre Savard-Tremblay appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
“Report
15.1 (1) Within 30 days after the day on which this section comes into force, the Minister of Public Works and Government Services must prepare a detailed plan to increase production in Canada of defence supplies, as defined in section 2 of the Defence Production Act, particularly defence supplies required by the Ukrainian armed forces or the Canadian Forces.
(2) The Minister of Public Works and Government Services must publish the plan, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that that Minister considers appropriate.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Garnett Genuis appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
“Donation of Canadian Military Equipment
15.1 For as long as any territory of Ukraine is occupied by armed forces of the Russian Federation, the Minister of National Defence must periodically review Canada's inventory of military equipment and offer to donate to Ukraine any military equipment that that Minister deems to be surplus or no longer useful to Canada.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Garnett Genuis appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
“Compliance with principles and guidelines — Canadian companies
15.1 (1) The Minister must ensure that Canadian companies operating in Ukraine comply with the principles and guidelines referred to in article 15.14 of the Agreement.
(2) The Minister must establish a process for receiving and responding to complaints of non-compliance with those principles and guidelines.
(3) On or before January 1st of each year starting in 2025, the Minister must prepare a report that summarizes activities carried out in relation to the Minister's obligations under this section.
(4) The Minister must table a copy of the report in each House of Parliament on any of the first 30 days on which that House is sitting after the report is completed.”
After debate, the question was put on the amendment of Simon-Pierre Savard-Tremblay and it was agreed to on division.
Clause 16 carried on division.
On new Clause 16.1,
Garnett Genuis moved, — That Bill C-57 be amended by adding after line 18 on page 6 the following new clauses:“R.S., c. E-19
Export and Import Permits Act
16.1 Section 3 of the Export and Import Permits Act is amended by adding the following after subsection (2):
(3) Despite subsection (2), any type of munition that is intended for export to the United States and that is excluded from the Export Control List shall not be included on the Export Control List if it is intended for export to Ukraine.
16.2 Section 7 of the Act is amended by adding the following after subsection (1.1):
(1.2) For as long as any permit issued under subsection (1.1) to export any type of munition to the United States is in force, the export of the same type of munition to Ukraine is also permitted, subject to the terms and conditions described in that permit.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Garnett Genuis appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
“R.S., c. E-19
Export and Import Permits Act
16.1 Section 7.1 of the Export and Import Permits Act is amended by adding the following after subsection (2):
(3) For as long as any permit issued under subsection (2) is in force to broker any type of munition that is to be imported into any country specified in the permit for end-use in that country, brokering the types of munition specified in that permit that are to be imported into Ukraine for end-use in Ukraine is also permitted, subject to the terms and conditions specified in that permit.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Garnett Genuis appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
“R.S., c. E-20; 2001, c. 33, s. 2(F)
Export Development Act
16.1 Section 10 of the Export Development Act is amended by adding the following after subsection (1.01):
(1.011) In carrying out its purpose under paragraph (1)(c), the Corporation shall give preference to the development of munitions manufacturing capacity in Ukraine.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Garnett Genuis appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
By unanimous consent, Clauses 17 to 26 inclusive carried on division severally.
After debate, Clause 27 carried on the following recorded division:
YEAS: Chandra Arya, Tony Baldinelli, Mona Fortier, Garnett Genuis, Richard Martel, Wilson Miao, Kyle Seeback, Terry Sheehan, Maninder Sidhu — 9;
NAYS: Richard Cannings, Simon-Pierre Savard-Tremblay — 2.
By unanimous consent, Clauses 28 to 33 inclusive carried on division severally.
On new Clause 33.1,
Garnett Genuis moved, — That Bill C-57 be amended by adding after line 4 on page 10 the following new clauses:“1995, c. 28
Business Development Bank of Canada Act
33.1 Section 4 of the Business Development Bank of Canada Act is amended by adding the following after subsection (2):
(3) Despite subsection (1), the Bank must give preference to supporting projects to develop munitions manufacturing capacity in Ukraine.
33.2 Paragraph 14(5)(b) of the Act is replaced by the following:
(b) the investment
(i) supports munitions manufacturing capacity in Ukraine, or
(ii) is of a category prescribed by the regulations.”
The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Garnett Genuis appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
By unanimous consent, Clauses 34 to 39 inclusive carried on division severally.
On Clause 40,
Kyle Seeback moved, — That Bill C-57, in Clause 40, be amended by replacing line 6 on page 11 with the following:“Governor in Council after all references to carbon pricing and carbon leakage have been removed from the modernized Canada Ukraine Free Trade Agreement.”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Kyle Seeback appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Terry Sheehan, Maninder Sidhu — 6;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Simon-Pierre Savard-Tremblay, Kyle Seeback — 5.
Clause 40 carried on division.
Clause 1, Short Title, carried on division.
The Title carried on division.
The Bill, as amended, was adopted on the following recorded division:
YEAS: Chandra Arya, Richard Cannings, Mona Fortier, Wilson Miao, Simon-Pierre Savard-Tremblay, Terry Sheehan, Maninder Sidhu — 7;
NAYS: Tony Baldinelli, Garnett Genuis, Richard Martel, Kyle Seeback — 4.
ORDERED, — That the Chair report the Bill, as amended, to the House on division.
ORDERED, — That Bill C-57, as amended, be reprinted for the use of the House of Commons at report stage, on division.
Terry Sheehan moved, — That, whereas Canada is not imposing a price on pollution on Ukraine; whereas Ukraine already has a carbon pricing system; whereas Ukraine is a sovereign nation and, via President Zelensky, has signed the modernized Canada-Ukraine Free Trade Agreement; therefore, the Standing Committee on International Trade supports Bill C-57, the 2023 Canada-Ukraine Free Trade Agreement Implementation Act.
Debate arose thereon.
Garnett Genuis moved, — That the motion be amended by adding after the word “that” the following: “whereas on March 29, 2022, Liberals opposed a Conservative motion to allow Ukrainians visa-free travel to Canada”.
Debate arose thereon.
It was agreed, — That debate on the amendment of Garnett Genuis be adjourned.
Simon-Pierre Savard-Tremblay moved, — That, given that,
(a) in its Budget presented in March 2023, the government announced its intention to introduce, by 2024, a bill to eliminate forced labour from Canadian supply chains and to strengthen the ban on the import of goods produced by forced labour (page 195 of the French version and page 171 of the English version);
(b) the government has still not tabled a bill to this effect, and there are less than three weeks of parliamentary work left before the end of 2023; and
(c) these unacceptable practices violate the fundamental rights of workers, vulnerable people and children, the Committee send a letter to Mr. Seamus O’Regan, Minister of Labour and Seniors, to remind him of his government's commitment and to request a response to the attention of the Committee to clarify the situation and explain why a bill to eliminate forced labour from Canadian supply chains and to strengthen the ban on the import of goods produced by forced labour has still not been introduced in the House of Commons by her government, as soon as possible.
After debate, the question was put on the motion and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.
At 1:06 p.m., the committee adjourned to the call of the Chair.