HUMA Committee Meeting
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Minutes of Proceedings
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 16 of the Bill.
The committee resumed consideration of the amendment of Leah Gazan moved on Friday, April 28, 2023 which read as follows:
That Bill C-35, in Clause 16, be amended by replacing lines 31 to 35 on page 7 with the following:
“16 (1) At the end of the fiscal year, the Minister must prepare a report that contains
(a) a summary of information in the Minister’s possession relating to the federal investments made in respect of the Canada-wide early learning and child care system during the fiscal year;
(b) an assessment of the progress being made respecting that system, including information on the quality, availability, affordability, accessibility and inclusiveness of early learning and child care programs and services; and
(c) a summary of the advice provided by the Council under paragraph 14(a) and the work of the Council during the reporting period.
(2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.”
and of the subamendment of Ya'ara Saks moved on Friday, April 28, 2023 which read as follows:
That the amendment proposing to amend Clause 16 of Bill C-35 be amended by substituting the following for the paragraphs 16(1)(a) and (b) proposed by the motion:
“(a) a summary of the information in the Minister’s possession and within the Minister’s authority to disclose relating to the federal investments made in respect of the Canada-wide early learning and child care system during the fiscal year;
(b) a summary of the progress being made respecting that system, including information relating to the quality, availability, affordability, accessibility, and inclusiveness of early learning and child care programs and services and to the access to those programs and services; and”
After debate, the question was put on the subamendment of Ya'ara Saks and it was agreed to on the following recorded division:
YEAS: Sylvie Bérubé, Frank Caputo, Chad Collins, Michael Coteau, Rosemarie Falk, Michelle Ferreri, Leah Gazan, Tracy Gray, Wayne Long, Ya'ara Saks, Tony Van Bynen — 11;
NAYS: — 0.
The question was put on the amendment of Leah Gazan, as amended, and it was agreed to on the following recorded division:
YEAS: Frank Caputo, Chad Collins, Michael Coteau, Rosemarie Falk, Michelle Ferreri, Leah Gazan, Tracy Gray, Wayne Long, Ya'ara Saks, Tony Van Bynen — 10;
NAYS: Sylvie Bérubé — 1.
Clause 16, as amended, carried.
Clause 17 carried.
On Preamble,
Sylvie Bérubé moved, — That Bill C-35, in the preamble, be amended by replacing line 10 on page 1 with the following:“care, while respecting the jurisdiction of the provinces;”
The Chair ruled the proposed amendment inadmissible because it sought to amend the preamble. As House of Commons Procedure and Practice, Third Edition, states on page 774: “In the case of a bill that has been referred to committee after second reading, a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill. In addition, an amendment to the preamble is in order when its purpose is to clarify it or to ensure uniformity of the English and French versions.”
Whereupon, Sylvie Bérubé 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: Chad Collins, Michael Coteau, Leah Gazan, Wayne Long, Ya'ara Saks, Tony Van Bynen — 6;
NAYS: Sylvie Bérubé, Frank Caputo, Rosemarie Falk, Michelle Ferreri, Tracy Gray — 5.
“Whereas the Government of Canada recognizes the unique and leading-edge expertise of the Government of Quebec in the development and implementation of accessible and affordable educational child care services, that government having developed an innovative child care model in 1997 as part of its comprehensive family policy designed to give Quebec families a better work- or study-life balance, access to generous maternity and parental leaves, and services that are suited to self-employed workers and those with atypical hours of work;”
The Chair ruled the proposed amendment inadmissible because it sought to amend the preamble. As House of Commons Procedure and Practice, Third Edition, states on page 774: “In the case of a bill that has been referred to committee after second reading, a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill. In addition, an amendment to the preamble is in order when its purpose is to clarify it or to ensure uniformity of the English and French versions.”
Whereupon, Sylvie Bérubé 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: Chad Collins, Michael Coteau, Leah Gazan, Wayne Long, Ya'ara Saks, Tony Van Bynen — 6;
NAYS: Sylvie Bérubé, Frank Caputo, Rosemarie Falk, Michelle Ferreri, Tracy Gray — 5.
“Whereas the Government of Canada recognizes that, because of the special and unique nature of the jurisdiction of the Government of Quebec relating to early learning and child care and because Quebec developed accessible, affordable and quality educational child care services as part of its family policy of 1997, the Government of Quebec did not agree to the multilateral framework since it intends to retain sole responsibility for this matter within its boundaries;”
The Chair ruled the proposed amendment inadmissible because it sought to amend the preamble. As House of Commons Procedure and Practice, Third Edition, states on page 774: “In the case of a bill that has been referred to committee after second reading, a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill. In addition, an amendment to the preamble is in order when its purpose is to clarify it or to ensure uniformity of the English and French versions.”
Whereupon, Sylvie Bérubé 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: Frank Caputo, Chad Collins, Michael Coteau, Rosemarie Falk, Michelle Ferreri, Leah Gazan, Tracy Gray, Wayne Long, Ya'ara Saks, Tony Van Bynen — 10;
NAYS: Sylvie Bérubé — 1.
“Whereas the Government of Canada is committed to upholding the right of Indigenous peoples to be consulted in order to obtain their free, prior and informed consent for legislation pertaining to Indigenous children;”
Debate arose thereon.
At 4:25 p.m., the sitting was suspended.
At 4:33 p.m., the sitting resumed.
After debate, the question was put on the amendment of Leah Gazan and it was agreed to on the following recorded division:
YEAS: Sylvie Bérubé, Frank Caputo, Michael Coteau, Rosemarie Falk, Michelle Ferreri, Leah Gazan, Tracy Gray — 7;
NAYS: Chad Collins, Wayne Long, Ya'ara Saks, Tony Van Bynen — 4.
The Preamble, as amended, carried.
Clause 1, Short Title, carried.
The Title carried.
The Bill, as amended, was adopted.
ORDERED, — That the Chair report the Bill, as amended, to the House.
ORDERED, — That Bill C-35, as amended, be reprinted for the use of the House of Commons at report stage.
At 4:42 p.m., the committee adjourned to the call of the Chair.