HUMA Committee Meeting

The Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities met at 3:39 p.m. this day, in Room 209, West Block, the Chair, Dean Allison, presiding.

Yves Lessard moved, — That the Committee proceed with the clause-by-clause of Bill C-257.

The Chair ruled that the proposed motion is subject to debate.

Whereupon, Yves Lessard appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division: YEAS: Patrick Brown, Russ Hiebert, Mike Lake, Lynne Yelich — 4; NAYS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Gary Merasty, Michael Savage, Mario Silva — 7.

The Committee commenced its clause-by-clause study of the Bill.

The Chair called Clause 1.

Mario Silva moved, — That Bill C-257, in Clause 1, be amended by replacing line 4 on page 1 with the following:

“1. (1) Subsection 87.4(1) of the Canada Labour Code is replaced by the following:

87.4 (1) During a strike or lockout not prohibited by this Part, the employer, the trade union and the employees in the bargaining unit must continue the supply of essential services and the operation of facilities or production of goods to the extent necessary to prevent an immediate and serious danger to the safety or health of the public and to address any significant public interest.

(2) The portion of subsection 87.4(6) of the Act before paragraph b) is replaced by the following:

(6) Where the Board, on application pursuant to subsection (4) or referral pursuant to subsection (5), is of the opinion that a strike or lockout could pose an immediate and serious danger to the safety or health of the public or undermine a significant public interest, or pose a threat to essential services, the Board, after providing the parties an opportunity to agree, may, by order,

(a) designate the supply of those essential services, the operation of those facilities and the production of those goods that it considers necessary to continue in order to prevent an immediate and serious danger to the safety or health of the public or to address a significant public interest or to protect essential services;

2. Section 87.6 of the Act”.

RULING BY THE CHAIR

The amendment seeks to amend section 87.4 of the Canada Labour Code.

House of Commons Procedure and Practice states at page 654: “… an amendment is inadmissible if it amends a statute that is not before the committee or a section of the parent Act unless it is specifically being amended by a clause of the bill.”

Since section 87.4 of the Canada Labour Code is not being amended by Bill C-257, it is inadmissible to propose such an amendment. Therefore the amendment is inadmissible.

Whereupon, Mario Silva appealed the decision of the Chair.

At 4:30 p.m., the sitting was suspended.

At 5:00 p.m., the sitting resumed.

By unanimous consent, the appeal of the decision was withdrawn.

After debate, by unanimous consent, the amendment was withdrawn.

Mike Lake moved, — That in accordance with its Order of Reference of Wednesday, October 25, 2006, your Committee has considered Bill C-257, an Act to amend the Canada Labour Code (replacement workers) and agreed to report the following: Bill C-257 fails to provide balance to both sides in the collective bargaining process and fails to address other issues reflected in the evidence presented by witnesses, accordingly, your Committee recommends, pursuant to Standing Order 97.1, that the House of Commons not proceed further with Bill C-257, an Act to amend the Canada Labour Code (replacement workers)

Bill C-257 fails to provide balance to both sides in the collective bargaining process and fails to address other issues reflected in the evidence presented by witnesses, accordingly, your Committee recommends, pursuant to Standing Order 97.1, that the House of Commons not proceed further with Bill C-257, an Act to amend the Canada Labour Code (replacement workers) .

The Chair rules that the motion of Mr. Lake is admissible.

Debate arose.

At 5:30 p.m., the Committee adjourned to the call of the Chair.