|
MINUTES OF PROCEEDING
(Meeting No. 11)
THURSDAY, NOVEMBER 20, 1997
The Standing Committee on Industry met at 9:11 o’clock a.m., this day, in room 701, La Promenade Building (151 Sparks St.), the Chair, Susan Whelan, presiding.
Members of the Committee present: Eugène Bellemare, Antoine Dubé, Francine Lalonde, Walt Lastewka, Ian Murray, Jim Pankiw, Janko Peric, Alex Shepherd and Susan Whelan.
Acting Member present: Sheila Finestone for Bonnie Brown.
In attendance: From the Research Branch of the Library of Parliament: Nathalie Pothier, Research Officer. From the Committees and Legislative Services Directorate: Paulette Nadeau, Legislative Clerk.
Witnesses: From the "Conseil canadien de la coopération": Majella St-Pierre, President; Léon Bernard, Treasurer; Sylvie St-Pierre Bobin, Executive Director; Réjean Laflamme, Director of Development. From the Canadian Cooperative Association: Glen Tully, Board Member; Vice-Chair, Federated Co-operatives Ltd.; and Chair, Manitoba Co-operative Council; Nora Sobolov, Executive Director; Mary Pat MacKinnon, Director, Policy; J.J. Dierker, Q.C., Legal Counsel for CCA on Bill C-5. From the Department of Industry: Jacques Hains, Director, Corporate Law Policy Directorate; Lynden Hillier, Executive Director, Co-operatives Secretariat, Agriculture and Agri-Food Canada; Cheryl Ringor, Corporate Examination Officer, Corporations Directorate; Jennifer Elliot, Legal Policy Analyst, Corporate Law Policy Directorate.
Pursuant to an Order of Reference of the House dated Wednesday, October 22, 1997, the Committee resumed consideration of Bill C-5, An Act respecting cooperatives.
On Clause 1
Léon Bernard from the "Conseil canadien de la coopération", Glen Tully and Nora Sobolov from the Canadian Cooperative Association each made a statement and, with the other witnesses, answered questions.
Jacques Hains and Jennifer Elliot from the Department of Industry each made a statement and answered questions.
Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.
On Clause 2
On motion of Walt Lastewka, it was agreed, - That Clause 2, be amended by replacing, in the English version, line 20 on page 5 with the following:
"membership share issued at par value."
Clause 2, as amended, carried.
By unanimous consent, Clauses 3 and 4 carried.
On Clause 5
On motion of Walt Lastewka, it was agreed, - That Clause 5, be amended by replacing, in the French version, line 4 on page 10 with the following:
" coopérative, ou qui a le droit d'être inscrit à "
Clause 5, as amended, carried.
By unanimous consent, Clauses 6 to 158 inclusive, carried.
On Clause 159
On motion of Walt Lastewka, it was agreed, - That Clause 159, be amended by replacing line 16 on page 91 with the following:
"services, or, if the by-laws so specify, any portion or category of the things or services, to the cooperative."
Clause 159, as amended, carried.
By unanimous consent, Clauses 160 to 175 inclusive, carried.
On Clause 176
On motion of Walt Lastewka, it was agreed, - That Clause 176, be amended by replacing, in the French version, line 35 on page 109 with the following:
" ayant fait appel au public ne reçoit pas l'avis mentionné dans la présente partie, il peut, dans les "
Clause 176, as amended, carried.
By unanimous consent, Clauses 177 to 301 inclusive, carried.
On Clause 302
Walt Lastewka moved, - That Clause 302, be amended by replacing lines 32 to 38 on page 173 with the following:
"(24) If the directors determine that the payment to a dissenting member as member would adversely affect the financial well-being of the cooperative, payment may be made at the times that the directors determine, over a period that begins on the day on which the resolution was adopted and ends not later than
(a) five years after that day; or
(b) any other day that is not more than ten years after the day on which the resolution was adopted and that is specified in the articles of the cooperative.
(25) Payments under subsection (24) shall bear interest at the rates prescribed by or calculated in accordance with the regulations."
Francine Lalonde moved, - That the amendment be amended by replacing in line 4, in the French version, "aux dates" by "à ou aux dates".
After debate, the question being put on the subamendment and the result of the vote having been announced: YEAS: 3; NAYS: 3;
The Chair voted in the negative.
Accordingly, the subamendment was negatived.
Jim Pankiw moved, - That the amendment be amended by deleting the following:
"(b) any other day that is not more than ten years after the day on which the resolution was adopted and that is specified in the articles of the cooperative."
After debate, the question being put on the subamendment, it was, by a show of hands, negatived: YEAS: 1; NAYS: 8.
The question being put on the amendment, it was agreed to.
Clause 302, as amended, carried.
By unanimous consent, Clauses 303 to 348 inclusive, carried.
On Clause 349
On motion of Walt Lastewka, it was agreed, - That Clause 349, be amended by replacing line 30 on page 204 with the following:
"165(1), section 166, 168, 169, 172, 251 or 252"
Clause 349, as amended, carried.
By unanimous consent, Clauses 350 to 386 inclusive, carried.
Clause 1 carried.
The Preamble carried.
The Title carried.
The Bill, as amended, carried.
ORDERED: - That the Chair report Bill C-5, An Act respecting cooperatives, with amendments, to the House.
At 10:57 o’clock a.m., the Committee adjourned to the call of the Chair.
|