INDU Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
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Minutes of Proceedings
The witnesses answered questions.
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 16 of the Bill.
“(2) Section 25.4 of the Act is amended by adding the following after subsection (1):
(1.1) If the investment would give the non-Canadian the right to use intellectual property whose development has been funded, in whole or in part, by the Government of Canada, an order made under subsection (1) may require any person or entity from whom or which the Canadian business or the entity referred to in paragraph 25.1(c) is being or has been acquired to repay all or part of any such funding it received.”
After debate, the question was put on the amendment of Rick Perkins and it was negatived on the following recorded division:
YEAS: Ed Fast, Bernard Généreux, Brian Masse, Rick Perkins, Brad Vis — 5;
NAYS: Andy Fillmore, Iqwinder Gaheer, Viviane Lapointe, Sébastien Lemire, Francesco Sorbara, Tony Van Bynen — 6.
Clause 16 carried.
On Clause 17,
Sébastien Lemire moved, — That Bill C-34, in Clause 17, be amended by adding after line 6 on page 12 the following:“25.9 Within 30 days after sending a notice under paragraph 25.3(6)(c) or a copy of the order under subsection 25.4(2), the Minister shall notify the National Security and Intelligence Committee of Parliamentarians and the National Security and Intelligence Review Agency of
(a) the fact that a notice was sent under paragraph 25.3(6)(c) and of the identity of the non-Canadian and the Canadian business or entity referred to in paragraph 25.1(c); or
(b) the fact that an order was made under subsection 25.4(1), of the identity of the non-Canadian and the Canadian business or entity referred to in paragraph 25.1(c) that is the subject of the order, and of whether the order
(i) directed the non-Canadian not to implement the investment that is the subject of the order,
(ii) authorized the investment or contained terms and conditions, or
(iii) required the non-Canadian to divest themselves of control of the Canadian business, or of their investment in the entity, that is the subject of the order.”
After debate, the question was put on the amendment of Sébastien Lemire and it was agreed to on the following recorded division:
YEAS: Andy Fillmore, Iqwinder Gaheer, Viviane Lapointe, Sébastien Lemire, Brian Masse, Francesco Sorbara, Tony Van Bynen — 7;
NAYS: Ed Fast, Bernard Généreux, Rick Perkins, Brad Vis — 4.
Clause 17, as amended, carried.
Clause 18 carried.
On Clause 19,
Viviane Lapointe moved, — That Bill C-34, in Clause 19, be amended by adding after line 15 on page 13 the following:“(3) Subparagraph 36(4)(e.2)(ii) of the Act is replaced by the following:
(ii) authorized the investment, including if it did so on terms and conditions, or”
After debate, the question was put on the amendment of Viviane Lapointe and it was agreed to on the following recorded division:
YEAS: Ed Fast, Andy Fillmore, Iqwinder Gaheer, Bernard Généreux, Viviane Lapointe, Sébastien Lemire, Brian Masse, Rick Perkins, Francesco Sorbara, Tony Van Bynen, Brad Vis — 11;
NAYS: — 0.
“(3) Section 36 of the Act is amended by adding the following after subsection (4.1):
(4.101) For greater certainty, when communicating or disclosing under paragraph (4)(e.2) the fact that an order was made under subsection 25.4(1), the Minister is not prohibited from communicating or disclosing the identity of the non-Canadian and of the Canadian business or entity referred to in paragraph 25.1(c) that is the subject of the order.”
At 5:21 p.m., the sitting was suspended.
At 5:22 p.m., the sitting resumed.
After debate, the question was put on the amendment of Viviane Lapointe and it was agreed to on the following recorded division:
YEAS: Ed Fast, Andy Fillmore, Iqwinder Gaheer, Bernard Généreux, Viviane Lapointe, Sébastien Lemire, Brian Masse, Rick Perkins, Francesco Sorbara, Tony Van Bynen — 10;
NAYS: — 0.
Clause 19, as amended, carried.
On new Clause 19.1,
Viviane Lapointe moved, — That Bill C-34 be amended by adding after line 15 on page 13 the following new clause:“19.1 Section 38.1 of the Act is renumbered as subsection 38.1(1) and is amended by adding the following:
(2) The report shall include information on the exercise of ministerial duties and powers under Part IV.1.”
Debate arose thereon.
The Chair ruled the proposed amendment admissible.
Debate arose thereon.
Whereupon, Rick Perkins 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: Andy Fillmore, Iqwinder Gaheer, Viviane Lapointe, Sébastien Lemire, Brian Masse, Francesco Sorbara, Tony Van Bynen — 7;
NAYS: Ed Fast, Bernard Généreux, Rick Perkins, Brad Vis — 4.
After debate, the question was put on the amendment of Viviane Lapointe and it was agreed to on the following recorded division:
YEAS: Andy Fillmore, Iqwinder Gaheer, Viviane Lapointe, Sébastien Lemire, Brian Masse, Francesco Sorbara, Tony Van Bynen — 7;
NAYS: Ed Fast, Bernard Généreux, Rick Perkins, Brad Vis — 4.
Clause 20 carried.
Clause 21 carried on the following recorded division:
YEAS: Ed Fast, Andy Fillmore, Iqwinder Gaheer, Bernard Généreux, Viviane Lapointe, Sébastien Lemire, Brian Masse, Rick Perkins, Francesco Sorbara, Tony Van Bynen, Brad Vis — 11;
NAYS: — 0.
Clause 22 carried on the following recorded division:
YEAS: Ed Fast, Andy Fillmore, Iqwinder Gaheer, Bernard Généreux, Viviane Lapointe, Sébastien Lemire, Brian Masse, Rick Perkins, Francesco Sorbara, Tony Van Bynen, Brad Vis — 11;
NAYS: — 0.
Clause 23 carried on the following recorded division:
YEAS: Ed Fast, Andy Fillmore, Iqwinder Gaheer, Bernard Généreux, Viviane Lapointe, Sébastien Lemire, Brian Masse, Rick Perkins, Francesco Sorbara, Tony Van Bynen, Brad Vis — 11;
NAYS: — 0.
By unanimous consent, the committee reverted to Clause 7 previously stood.
“(2) Section 15 of the Act is renumbered as subsection 15(1) and is amended by adding the following:
(2) Despite the limits set out in subsections 14(3), 14.1(1) and (1.1) and 14.11(1) and (2), an investment is reviewable under this Part if
(a) the non-Canadian making the investment is a state-owned enterprise or is controlled by a state-owned enterprise;
(b) the Governor in Council, on the recommendation of the Minister, is of the opinion that a review of the investment is in the public interest; and
(c) the Governor in Council issues an order for the review within 21 days after the day on which the non-Canadian gives notice of the investment to the Director.”
Debate arose thereon.
Iqwinder Gaheer moved, — That Motion CPC-2, proposing to amend Clause 7 of Bill C-34 by adding subclause 7(2) after line 19 on page 4, be amended
(a) by adding the following before “(2) Section 15 of the Act is renumbered as subsection 15(1) and is amended by adding the following:”:
“(1.1) The portion of paragraph 15(b) of the Act before subparagraph (i) is replaced by the following:
(b) within 45 days after the certified date referred to in paragraph 13(1)(a)”
(b) by adding the following after “is controlled by a state-owned enterprise” in paragraph 15(2)(a):
“unless the non-Canadian is a trade agreement investor”;
(c) by striking out “and“ at the end of paragraph 15(2)(b) and by replacing paragraph 15(2)(c) with the following:
“(c) the Governor in Council issues an order for the review within 45 days after the certified date referred to in paragraph 13(1)(a); and
(d) the Director sends the non-Canadian making the investment a notice for review.”
At 5:52 p.m., the sitting was suspended.
At 6:00 p.m., the sitting resumed.
After debate, the question was put on the subamendment of Iqwinder Gaheer and it was agreed to on the following recorded division:
YEAS: Andy Fillmore, Iqwinder Gaheer, Bernard Généreux, Viviane Lapointe, Sébastien Lemire, Brian Masse, Rick Perkins, Francesco Sorbara, Tony Van Bynen, Brad Vis, Ryan Williams — 11;
NAYS: — 0.
The question was put on the amendment of Rick Perkins, as amended, and it was agreed to on the following recorded division:
YEAS: Andy Fillmore, Iqwinder Gaheer, Bernard Généreux, Viviane Lapointe, Sébastien Lemire, Brian Masse, Rick Perkins, Francesco Sorbara, Tony Van Bynen, Brad Vis, Ryan Williams — 11;
NAYS: — 0.
Clause 7, as amended, carried.
At 6:52 p.m., the committee adjourned to the call of the Chair.