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MINUTES OF PROCEEDINGS
 
Meeting No. 9
 
Thursday, November 25, 2004
 

The Standing Committee on Human Resources, Skills Development, Social Development and the Status of Persons with Disabilities met at 11:13 a.m. this day, in Room 209 West Block, the Chair, Raymonde Folco, presiding.

 

Members of the Committee present: Peter Adams, Eleni Bakopanos, Jean-Claude D'Amours, Barry Devolin, Raymonde Folco, Paul Forseth, Christiane Gagnon, Mario Silva and Peter Van Loan.

 

Acting Members present: Alain Boire for Yves Lessard, Alexa McDonough for Tony Martin and Merv Tweed for Ed Komarnicki.

 

In attendance: Library of Parliament: Kevin Kerr, Analyst. House of Commons: Susan Baldwin, Legislative Clerk; Jean-François Lafleur, Legislative Clerk.

 

Appearing: Hon. Peter Adams, Parliamentary Secretary to the Minister of Human Resources and Skills Development.

 

Witnesses: Department of Human Resources and Skills Development: Lenore Burton, Director General, Learning and Literacy Directorate. Department of Finance: David Wurtele, Senior Tax Policy Officer, Defered Income Plans; Serge Dupont, General Director, Tax Policy Branch; Serge Nadeau, Director, Personal Income Tax Division. Department of Human Resources and Skills Development: Christian D.R. Beaulieu, Senior Counsel and Team Leader, Justice; Barb Schwartz, Senior Policy Analyst, Learning and Literacy Directorate.

 
Pursuant to the Order of Reference of Thursday, October 14, 2004, the Committee resumed consideration of Bill C-5, An Act to provide financial assistance for post-secondary education savings.
 

It was agreed, — That the Committee consider the clauses with proposed amendments before going through the Bill clause by clause.

 

On Clause 3.1,

Alain Boire moved, — That Bill C-5 be amended by adding after line 28 on page 2 the following new clause:

3.1The Minister shall take any measures that are necessary to carry out the purpose set out in section 3, including making known to Canadians, through informational and promotional activities, the existence of CES grants and Canada Learning Bonds and any terms and conditions.”

Debate arose thereon.

 

Peter Van Loan moved, — That the amendment be amended by deleting the word “any ” and the words “that are” in the English version only.

 

After debate, the question was put on the subamendment of Peter Van Loan and it was agreed to.

 

After debate, the question was put on the amendment of Alain Boire, as amended, and it was agreed to.

 

On Clause 5,

Peter Van Loan moved, — That Bill C-5, in Clause 5, be amended by replacing line 1 on page 3 with the following:

“education savings plan by or on behalf of a subscriber under the”

 

After debate, the question was put on the amendment of Peter Van Loan and it was agreed to, by a show of hands: YEAS: 10; NAYS: 1.

 
Peter Adams moved, — That Bill C-5 be amended by adding after line 37 on page 7 the following new clause:

9.1 (1) On application made by the primary caregiver of the beneficiary or, if the beneficiary is 18 years of age or more, by the beneficiary, the Minister may, to avoid undue hardship, waive any of the requirements of this Act or the regulations that relate to the payment of CES grants or Canada Learning Bonds and that are specified in regulations made under paragraph 13(g). The application must be in the form and manner approved by the Minister.

(2) Despite subsection (1), the Minister may not waive any requirement related to the determination of eligibility for a child tax benefit or a national child benefit supplement, or for a special allowance under the Children’s Special Allowances Act.”

 

After debate, the question was put on the amendment of Peter Adams and it was agreed to, by a show of hands: YEAS: 10; NAYS: 1.

 
On motion of Peter Adams, it was agreed on division, — That Bill C-5, in Clause 13, be amended

(a) by replacing line 14 on page 9 with the following:

13. The Governor in Council may make”

(b) by replacing lines 5 to 9 on page 10 with the following:

“(g) specifying the requirements of this Act or the regulations relating to the payment of CES grants or Canada Learning Bonds that may be waived by the Minister to avoid undue hardship;”

(c) by replacing lines 10 to 14 on page 10 with the following:

“(h) governing or prohibiting the sharing of CES grants or Canada Learning Bonds, and the earnings generated on them;”

(d) by deleting lines 33 to 39 on page 10.

 

On Clause 13,

Alain Boire moved, — That Bill C-5, in Clause 13, be amended by deleting lines 18 to 23 on page 10.

 

After debate, the question was put on the amendment of Alain Boire and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 

On Clause 21,

Peter Van Loan moved, — That Bill C-5, in Clause 21, be amended by adding after line 42 on page 14 the following:

(7.1) Clause 146.1(2)(g.1)(i)(A) of the Act is replaced by the following:

(A) the individual is at that time enrolled as a full-time or part-time student in a qualifying educational program at a post-secondary educational institution, or”

 

After debate, the Chair ruled the proposed amendment admissible because it does not go beyond the Royal Recommendation .

 

The question was put on the amendment of Peter Van Loan and it was agreed to, by a show of hands: YEAS: 9; NAYS: 1.

 
Peter Adams moved, — That Bill C-5, in Clause 21, be amended by adding after line 25 on page 15 the following:

(9.1) Subsection 146.1(2.2) of the Act is replaced by the following:

(2.2) The Minister may, on written application of the promoter of a registered education savings plan, waive the application of the conditions in clause (2)(d.1)(iii)(A) in respect of the plan where a beneficiary under the plan suffers from a severe and prolonged mental impairment that prevents, or can reasonably be expected to prevent, the beneficiary from enrolling in a qualifying educational program at a post-secondary educational institution.”

 

After debate, the question was put on the amendment of Peter Adams and it was agreed to, by a show of hands: YEAS: 9; NAYS: 1.

 
Peter Adams moved, — That Bill C-5, in Clause 21, be amended by replacing line 20 on page 16 with the following:

“Human Resources Development or the Minister of State to be styled Minister of Human Resources and Skills Development has ap-”

 

The question was put on the amendment of Peter Adams and it was agreed to, by a show of hands: YEAS: 10; NAYS: 1.

 

On Clause 23,

Peter Adams moved, — That Bill C-5, in Clause 23, be amended by replacing line 33 on page 16 with the following:

sections 4, 12, 17 and 20 to 22, come into force

 

After debate, the question was put on the amendment of Peter Adams and it was agreed to, by a show of hands: YEAS: 10; NAYS: 1.

 

Clauses 2 to 4 inclusive carried on division severally.

 

Clause 5, as amended, carried on division.

 

Clauses 6 to 12 inclusive carried on division severally.

 

Clause 13, as amended, carried on division.

 

Clauses 14 to 20 inclusive carried on division severally.

 

Clause 21, as amended, carried on division.

 

Clause 22 carried on division.

 

Clause 23, as amended, carried on division.

 

The Short Title carried on division.

 

The Title carried on division.

 

The Bill , as amended, carried.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 
The Committee proceeded to the consideration of matters related to Committee business.
 

The Sub-Committee on Employment Insurance Funds referred to the Committee the question of whether main Committee members, who are not members of the Sub-Committee, participate in the questioning of witnesses appearing before the Sub-Committee.

 

It was agreed, — That since article 119 states:

“-Any Member of the House who is not a member of a standing, special or legislative committee, may, unless the House or the Committee concerned otherwise orders, take part in the public proceedings of the committee, but may not vote or move any motion, nor be part of any quorum.”

The Sub-committee should be the master of its own proceedings and, if the Sub-Committee on the Employment Insurance Funds wishes to adopt a motion that only members of the Sub-committee can take part in its public proceedings the Sub-committee should make that decision. If the Sub-committee does not adopt such a motion, any members of the House who is not a member of the Sub-committee can take part in the public proceedings of the Sub-committee .

 

At 12:56 p.m., the Committee adjourned to the call of the Chair.

 



Danielle Bélisle
Clerk of the Committee

 
 
2005/03/01 4:18 p.m.