FAIT Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 7

Tuesday, November 5, 2002

The Standing Committee on Foreign Affairs and International Trade met in a televised session at 9:16 a.m. this day, in Room 237-C, Centre Block, the Chair, Bernard Patry, presiding.

Members of the Committee present: Stéphane Bergeron, Aileen Carroll, Stockwell Day, John Duncan, Mark Eyking, John Harvard, Marlene Jennings, Francine Lalonde, The Hon. Diane Marleau, Keith Martin, Deepak Obhrai and Bernard Patry.

Acting Members present:  Paul Szabo and Bonnie Brown for Sarkis Assadourian; Beth Phinney for Irwin Cotler; Gérard Binet and Murray Calder for The Hon. Art Eggleton; Darrel Stinson for Deepak Obhrai; Gérald Keddy for Bill Casey; David Pratt for Pat O’Brien.

Associate Member present: Rick Borotsik.

Other Members present: Benoit Serré, Paul Steckle, Larry McCormick, Rose-Marie Ur, Charles Hubbard and Howard Hilstrom.

In attendance: From the Parliamentary Research Branch, Library of Parliament: James Lee and Gerald Schmitz, Research Officers.

Witnesses:  From the United Nations' World Food Programme: James T. Morris, Executive Director. From the Prospectors and Developers Association of Canada: Robert Boyd, President & CEO Ashton Mining of Canada Inc.; Eira Thomas, President of Navigator Exploration Corp.; David Comba, Director, Issues Management; Deborah McCombe, Chief Mining Consultant, Ontario Securities Commission. From the Department of Natural Resources: Bruce W. Boyd, Acting Associate Director, Stewardship Division, International and Domestic Market Policy Division, Minerals and Metal Policy Branch, Minerals and Metals Sector. From the Department of Indian Affairs and Northern Development: David Cox, Legal Counsel. From the Department of Justice: Geneviève Giroux, Legal Counsel.

Pursuant to Standing Order 108(2), the Committee considered issues relating to world food supply.

James T. Morris made a statement and answered questions.

At 10:30 a.m., the sitting was suspended.

At 10:40 a.m., the sitting resumed.

Pursuant to its Order of Reference of Monday, October 21, 2002, the Committee resumed consideration of Bill C-14, An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for their export in order to meet Canada's obligations under the Kimberley Process (See Minutes of Proceedings, Wednesday, October 30, 2002, Meeting No. 4).

The Committee resumed consideration of Clause 2.

Robert Boyd, Eira Thomas, David Comba and Deborah McCombe made statements and, answered questions.

At 11:18 a.m., the sitting was suspended.

At 11:20 a.m., the sitting resumed.

The Committee proceeded to clause-by-clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of the Preamble and Clause 1 were postponed.

Bruce W. Boyd, David Cox and Geneviève Giroux answered questions.

On Clause 2,

Francine Lalonde moved, -- That Bill C-14, in Clause 2, be amended by replacing line 19 on page 1 with the following:

“under paragraph 9(1)(a) and that, in addition to the minimal requirements of the Kimberley Process, specifies the number of diamonds whose size is superior to 2 carats.”

After debate, the question was put on the amendment, it was negatived on the following recorded division:

YEAS

NAYS

Clause 2 carried on division.

Clause 3 carried.

On Clause 4,

Aileen Carroll moved, -- That Bill C-14, in Clause 4, be amended by replacing line 34 on page 2 with the following:

“inspection under this Act if the Minister considers the disclosure to be in the public interest, taking into account the competitive position of the individual, corporation, partnership, trust, organization or association of persons affected by the disclosure”.

After debate, the question was put on the amendment, it was agreed to.

Clause 4 carried as amended.

Clause 5 carried.

Clause 6 carried.

On Clause 7,

Francine Lalonde moved, -- That Bill C-14, in Clause 7, be amended by adding after line 8 on page 3 the following:

“(1.1) The provincial inspectors or investigators responsible for the control of mining production and collection of mining duties may act as inspectors or investigators under subsection (1).”

Debate arose.

Gerald Keddy moved, - That the amendment be further amended by adding after the word “provincial” the following: “or territorial”.

After debate the question was put on the sub-amendment and it was negatived by a show of hands, yeas 3, nays 10.

After debate, the question was put on the amendment and it was negatived.

Clause 7 carried on division.

Clause 8 carried.

On Clause 9,

Aileen Carroll moved, -- That Bill C-14, in Clause 9, be amended by replacing line 40 on page 3 with the following:

“da, were extracted from mineral concentrates in Canada, were imported from a participant or.”

After debate, the question was put on the amendment and it was agreed to.

Clause 9 carried as amended, on division.

Clauses 10, 11, 12, 13 carried severally.

On new Clause 13.1,

Francine Lalonde moved, -- That Bill C-14 be amended by adding after line 23 on page 4 the following new clause:

“13.1 For greater certainty, nothing in this affects the powers of the provinces over ownership, exploration and development of natural resources on their territory.”

After debate, the question was put on the amendment, and was negatived by a show of hands, yeas 5, nays 9.

Clauses 14, 15, 16, 17, 18 carried severally.

On Clause 19,

Aileen Carroll moved, -- That Bill C-14, in Clause 19, be amended by replacing line 25 on page 6 with the following:

“copies of any data or any record.”

After debate, the question was put on the amendment and it was agreed to on division.

Clause 19 carried as amended, on division.

Clauses 20, 21, 22, 23 carried severally.

On Clause 24,

Aileen Carroll moved, -- That Bill C-14, in Clause 24, be amended by replacing lines 9 to 11 on page 7 with the following:

“through or over private property.”

After debate, the question was put on the amendment and it was agreed to.

Clause 24 carried as amended.

Clauses 25 and 26 carried severally.

On Clause 27,

Darrel Stinson moved, -- That Bill C-14, in Clause 27, be amended by replacing line 39 on page 7 with the following:

“things seized shall be detained until the”.

After debate, the question was put on the amendment, and it was negatived by a show of hands, yeas 2, nays 10.

Clause 27 carried.

Clauses 28, 29, 30, 31 carried severally.

On Clause 32,

Darrel Stinson moved, -- That Bill C-14, in Clause 32, be amended by replacing line 6 on page 9 with the following:

“or other things shall be retained until the fine.”

After debate, the question was put on the amendment and it was negatived by a show of hands, yeas 2, nays 10.

Clause 32 carried.

Clause 33 carried.

On Clause 34,

Gerald Keddy moved, -- That Bill C-14, in Clause 34, be amended by replacing line 29 on page 9 with the following:

“of exit for exporting them, provided that at least two places are designated as points of entry and at least two places are designated as points of exit.”

After debate, the question was put on the amendment and it was negatived by a show of hands, yeas 5, nays 9.

Clause 34 carried on division.

Clause 35 carried.

On new clause 35.1,

Gerald Keddy moved, -- That Bill C-14 be amended by adding after line 18 on page 10 the following new clause:

“35.1 The Minister shall make regulations governing exportation of multi-ton bulk samples of ore that may contain rough diamonds.”

After debate, the question was put on the amendment and it was negatived by a show of hands, yeas 3, nays 10.

Clauses 36, 37, 38, 39 carried severally

On Clause 40,

Aileen Carroll moved, -- That Bill C-14, in Clause 40, be amended by replacing lines 3 to 8 on page 11 with the following:

“40. No person shall interfere with an inspector who is doing, or hinder or prevent an inspector from doing, anything that the inspector is authorized to do under this Act.”

After debate, the question was put on the amendment and it was agreed to.

Clause 40 carried, as amended.

On new clause 40.1,

Aileen Carroll moved, -- That Bill C-14 be amended by adding after line 8 on page 11 the following:

“40.1 (1) Every person who contravenes subsection 13(1) or (2) or 16(1) or (2) or section 22 or 40 is guilty of an offence punishable on summary conviction.

(2) A prosecution under subsection (1) may be instituted not later than three years after the time when the subject-matter of the complaint arose.”

Debate arose.

Darrel Stinson moved, - That the amendment be amended by adding after the words “on summary conviction” the following :

“and liable to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or both.”

After debate the question was put on the sub-amendment and it was negatived by a show of hands, yeas 2, nays 10.

Darrel Stinson moved, - That the amendment be further amended by striking out “three” and inserting the word “seven”.

After debate the question was put on the sub-amendment and it was negatived by a show of hands, yea 1, nays 9.

The question was put on the amendment and it was agreed to.

New clause 40.1 carried.

On Clause 41,

Aileen Carroll moved, -- That Bill C-14, in Clause 41, be amended

(a) by replacing lines 10 to 12 on page 11 with the following:

“person who contravenes section 8 or 14 or any of sections 36 to 39 is”

(b) by replacing line 17 on page 11 with the following

“exceeding 10 years, or to both; or”.

After debate, the question was put on the amendment and it was agreed to by a show of hands, yeas 9, nay 1.

Clause 41 carried as amended.

Clauses 42, 43, 44, 45 carried severally.

On new clause 45.1,

Francine Lalonde moved, -- That Bill C-14 be amended by adding after line 5 on page 13 the following:

“45.1 (1) Two years after its coming into force, the Minister shall cause a review of the provisions and operation of this Act to be undertaken.

(2) The Minister shall, within six months after causing a review to be undertaken pursuant to subsection (1), submit a report on the review to Parliament.

(3) Each report submitted to Parliament pursuant to subsection (20 shall be reviewed by such committee of the Senate and of the House of Commons or such joint committee as is designated or established for the purpose of reviewing such report.”

Debate arose.

Aileen Carroll moved, - That the amendment be amended by striking out the word “Two” and replacing it by the word “Three”.

After debate the question was put on the sub-amendment and it was agreed to.

Aileen Carroll moved, - That the amendment be further amended by adding after the words, “review to Parliament” the words: “If Parliament is not then sitting, the Minister shall submit the report to Parliament within the first 15 sitting days thereafter”.

After debate the question was put on the sub-amendment and it was agreed to.

Aileen Carroll moved, - That the amendment be further amended by deleting the words:

(3) Each report submitted to Parliament pursuant to subsection (2) shall be reviewed by such committee of the Senate and of the House of Commons or such joint committee as is designated or established for the purpose of reviewing such report.”

After debate the question was put on the sub-amendment and it was agreed to.

The question was put on the amendment, as amended and it was agreed to.

New clause 45.1 carried as amended.

Clause 46 carried.

The Schedule carried.

The preamble carried on division

Clause 1 carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, -- That Bill C-14, An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for their export in order to meet Canada's obligations under the Kimberley Process, as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-14 with amendments to the House as the First Report of the Committee.

At 12:47 p.m., the Committee adjourned to the call of the Chair.

Stephen Knowles


Clerk of the Committee