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40th PARLIAMENT, 2nd SESSION

Journals No. 41 Monday, April 20, 2009 11:00 a.m.

Prayers

Vacancies

The Speaker informed the House that a vacancy had occurred in the representation in the House of Commons, for the Electoral District of New Westminster—Coquitlam, in the Province of British Columbia, by reason of the resignation of Ms. Dawn Black, and that, pursuant to paragraph 25(1)(b) of the Parliament of Canada Act, he had addressed, Monday, April 13, 2009, his warrant to the Chief Electoral Officer for the issue of a writ for the election of a member to fill the vacancy.

Private Members' Business

At 11:03 a.m., pursuant to Standing Order 30(7), the House proceeded to the consideration of Private Members' Business.

The House resumed consideration of the motion of Mr. St-Cyr (Jeanne-Le Ber), seconded by Ms. Demers (Laval), — That Bill C-291, An Act to amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171), be now read a second time and referred to the Standing Committee on Citizenship and Immigration.

The debate continued.

At 12:03 p.m., pursuant to Standing Order 93, the Speaker interrupted the proceedings.

The question was put on the motion and, pursuant to Standing Order 93(1), the recorded division was deferred until Wednesday, April 22, 2009, immediately before the time provided for Private Members' Business.

Government Orders

The Order was read for the second reading and reference to the Standing Committee on Justice and Human Rights of Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody).

Mr. Nicholson (Minister of Justice), seconded by Mr. Hill (Leader of the Government in the House of Commons), moved, — That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Debate arose thereon.

Statements By Members

Pursuant to Standing Order 31, Members made statements.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Daily Routine Of Business

Tabling of Documents

Pursuant to Standing Order 32(2), laid upon the Table, — Copy of Order in Council P.C. 2009-535 dated April 17, 2009, concerning the Agreement on Social Security between the Government of Canada and the Republic of Poland, pursuant to the Old Age Security Act, R.S. 1985, c. O-9, sbs. 42(1). — Sessional Paper No. 8560-402-212-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities)

Pursuant to Standing Order 32(2), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

— Nos. 402-0097, 402-0208, 402-0218 to 402-0223 concerning the situation in Sri Lanka. — Sessional Paper No. 8545-402-28-02;

— Nos. 402-0098, 402-0099, 402-0121 to 402-0124 and 402-0194 concerning the Canadian Human Rights Act. — Sessional Paper No. 8545-402-2-03;

— Nos. 402-0100 and 402-0101 concerning the issuing of visas. — Sessional Paper No. 8545-402-40-01;

— Nos. 402-0103, 402-0110, 402-0125 to 402-0127 concerning the Criminal Code of Canada. — Sessional Paper No. 8545-402-11-05;

— No. 402-0104 concerning crimes against humanity. — Sessional Paper No. 8545-402-41-01;

— Nos. 402-0106, 402-0116, 402-0133, 402-0150 and 402-0163 concerning the income tax system. — Sessional Paper No. 8545-402-19-08;

— Nos. 402-0107 and 402-0108 concerning the protection of the environment. — Sessional Paper No. 8545-402-23-02;

— Nos. 402-0109, 402-0134, 402-0201 and 402-0230 concerning Omar Khadr. — Sessional Paper No. 8545-402-42-01;

— Nos. 402-0111, 402-0114, 402-0139, 402-0189, 402-0209 and 402-0211 concerning cruelty to animals. — Sessional Paper No. 8545-402-29-03;

— Nos. 402-0112, 402-0115, 402-0151, 402-0158, 402-0196 to 402-0200 and 402-0226 concerning the Employment Insurance Program. — Sessional Paper No. 8545-402-12-06;

— Nos. 402-0113, 402-0118, 402-0141 and 402-0207 concerning asbestos. — Sessional Paper No. 8545-402-4-03;

— Nos. 402-0131, 402-0146 to 402-0149, 402-0152 to 402-0156, 402-0159 to 402-0162, 402-0164, 402-0166 to 402-0170, 402-0188 and 402-0190 to 402-0192 concerning AIDS. — Sessional Paper No. 8545-402-43-01;

— No. 402-0132 concerning immigration. — Sessional Paper No. 8545-402-20-04;

— No. 402-0135 concerning navigable waters. — Sessional Paper No. 8545-402-44-01;

— No. 402-0136 concerning human rights in India. — Sessional Paper No. 8545-402-45-01;

— Nos. 402-0138 and 402-0204 concerning the situation in Colombia. — Sessional Paper No. 8545-402-39-02;

— No. 402-0140 concerning the mining industry. — Sessional Paper No. 8545-402-46-01;

— No. 402-0145 concerning radio and television programming. — Sessional Paper No. 8545-402-18-03;

— Nos. 402-0157 and 402-0228 concerning sex offenders. — Sessional Paper No. 8545-402-47-01;

— Nos. 402-0171 to 402-0187 concerning the National Capital Commission. — Sessional Paper No. 8545-402-3-05;

— No. 402-0202 concerning horse meat. — Sessional Paper No. 8545-402-48-01;

— No. 402-0203 concerning Leif Erickson. — Sessional Paper No. 8545-402-49-01;

— No. 402-0212 concerning federal programs. — Sessional Paper No. 8545-402-7-03;

— No. 402-0214 concerning service medals. — Sessional Paper No. 8545-402-21-02;

— No. 402-0229 concerning transportation. — Sessional Paper No. 8545-402-1-04.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Marston (Hamilton East—Stoney Creek), seconded by Mr. Martin (Winnipeg Centre), Bill C-361, An Act to amend the Public Sector Pension Investment Board Act (reduced risk), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, it was resolved, — That this House express its condolences of all Canadians to the people of Italy for the tragic loss of lives and the physical destruction caused by the earthquake on April 6, 2009 in the Abruzzo region, and we pledge to do our part to provide all necessary support to the Italian earthquake victims as they rebuild their lives, their communities and the unique cultural heritage of the Abruzzo region that is a treasure of the whole world.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

— by , one concerning the income tax system (No. 402-0293);

— by , one concerning nuclear weapons (No. 402-0294);

— by , one concerning the situation in Sri Lanka (No. 402-0295);

— by , two concerning the Employment Insurance Program (Nos. 402-0296 and 402-0297).

Questions on the Order Paper

Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answers to questions Q-63, Q-67, Q-68, Q-76 and Q-78 on the Order Paper.

Pursuant to Standing Order 39(7), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the returns to the following questions made into Orders for Return:

Q-60 — — With respect to the purchase and provision of single-use water bottles and water coolers by the government over the last five years: (a) (i) what are the total government expenditures for bottled water on an annual basis, as well as over a five year period, (ii) on an annual basis, what amount is spent by each department; (b) (i) with respect to the above figures, how much was spent annually, on a departmental or agency basis, in the National Capital Region, (ii) what was the breakdown by province for such services; and (c) by province, what is the number of Government of Canada employees, and the number of drinking water fountains that service these employees? — Sessional Paper No. 8555-402-60.

Q-62 — — With respect to funds for infrastructure spending in Budget 2009: (a) what funds are new funds and what funds are carried over from Budget 2008 and previous years; (b) when will infrastructure funds be available to municipalities and provinces, (i) what will the application process be, (ii) how will the process differ from regularly budgeted funds, (iii) what steps is the government taking to ensure the application process is not redundant, (iv) what steps is the government taking to ensure the protection of environmental assessments, (v) what steps is the government taking to ensure the process is equitable across municipalities, (vi) what departments will be responsible for the funds, (vii) when do funds revert back to federal projects; (c) are there population restrictions for some or all parts of the program, and are there other restrictions that apply; (d) what new funds will require public-private partnerships; and (e) what funding will require cost-sharing with the provinces and municipalities, and are any infrastructure funds available without the requirement of cost-sharing? — Sessional Paper No. 8555-402-62.

Q-64 — — With regard to the $212 million dedicated to the Champlain Bridge, in the Montreal region, in Budget 2009: (a) does the government have a long term plan to spend the money, (i) if so, what is the full breakdown per year for the dispersal of funding and to what projects on the bridge they are being spent with a timeline for completion, (ii) if no, does the government intend to consult with local municipalities being directly affected by the deteriorating condition and safety concerns of the bridge while developing a comprehensive rehabilitation plan; (b) is the money slated to extend the life expectancy of the bridge and, if so, by how long; (c) will the money be spent on structural rehabilitation repairs such as the reconstruction of major support devises or for cosmetic repairs such as paint and resurfacing; (d) how does the government plan to rehabilitate the bridge while allowing normal traffic volume to proceed in both directions, especially during peak hours; and (e) is any component of a light rail system being developed under this funding? — Sessional Paper No. 8555-402-64.

Q-65 — — With respect to the third party management (TPM) of First Nations by Indian and Northern Affairs (INAC), with specific reference to only those managed by the Northern Ontario office over the last ten years: (a) how many First Nations reserves have been operating under TPM, for how long, which reserves have been so designated and for each of the reserves listed, who acts as their third party manager; (b) according to each band council, on what date did each agreement come into force, what was the amount of debt they held at the time, what debt repayment plan was put into effect for each and what is the current amount of outstanding debt held by each band council; (c) what requirements must be met by a band council to get out of TPM, who determines those requirements, how many bands have met those requirements and when; (d) how many audits has INAC, or its designated proxies, undertaken with respect to TPMs and their direction of First Nations bands, (i) on what date were such audits prepared, (ii) by whom, (iii) with respect to the management of which bands, (iv) what were the key findings of each audit, (v) what recommendations were implemented, (vi) has any audit resulted in the termination or non-renewal of the contract between the TPM and INAC, if so, which ones and why, (vii) has any audit warranted a police investigation, if so, which ones and what was the outcome; (e) according to each community operating under TPM, (i) what management or other fees were charged, on a monthly and annual basis, (ii) for what were the fees charged, (iii) have any TPMs received extra commissions, bonuses or any other financial reward for their work and, if so, on what date were such monies awarded, for what, and to which TPMs, (iv) what percentage of each band’s operating budget do such costs represent, on a monthly and annual basis; (f) how many contracts (separate of TPMs agreements) have been awarded by INAC, or a TPM acting on a First Nation’s behalf, to LTL Construction, Shuniah Financial Services or Mekena Project Management Group, what was the amount of each contract, the date awarded and the intended service; (g) what legal or professional requirements does a company have to meet to become a TPM; (h) what tendering process is followed in the awarding of TPM contracts, do INAC staff have any discretionary powers in awarding a TPM and, if so, who has that power and under what circumstances; (i) with specific reference to the Gull Bay First Nation, how many third party managers have presided over their financial affairs during the above-mentioned period, what are the terms and conditions of each contract, what management fees, bonuses or commissions were paid to these parties and who were the principal officers of each TPM; and (j) for what reasons is Shuniah Financial Services no longer acting as Gull Bay’s TPM? — Sessional Paper No. 8555-402-65.

Q-70 — — With regard to large information technology projects, and specifically the four pillars of the Shared Services Initiative: (a) has the government prepared a detailed plan accompanied by schedules to explain how it will proceed with the implementation of these major projects, (i) if so, what are the details of this plan, (ii) if not, what are the reasons for the non-existence of such a document; (b) for each of the pillars, (i) which departments are potential clients, (ii) what is the project’s estimated value (estimated minimum to estimated maximum), (iii) what is the description of each project, (iv) what are the key success factors, (v) what are the advantages and estimated costs, (vi) what is the department’s organizational capacity, (vii) what is the planned project launch date for the invitations to tender, (viii) will the contract be awarded to one supplier or several, (ix) for these long-term contracts, what means does the government have to change suppliers once the project is under way; and (c) with regards to the process for implementing major projects, (i) what are the details of the business plan that was used to justify the projects, (ii) was an independent review done on the business plan and, if so, which individuals or organizations were part of it, (iii) what are the details of the impact studies on the small and medium-sized businesses (SME) in the Ottawa-Gatineau region or elsewhere, (iv) what strategy was used to mitigate the impact on SMEs, (v) is there an impact study for these projects on the information technology industry and, if so, what are the details? — Sessional Paper No. 8555-402-70.

Q-71 — — With respect to the Mountain Pine Beetle disaster: (a) how much money has been designated by the government to address this issue; (b) when, where and which government official announced these allocation of funds; (c) to date, how much has been spent; (d) in which provinces and municipalities have these funds been spent; (e) how have these funds been spent; (f) which companies or front-line government agencies have received payment for related services; (g) what is the timeline for the spending of any remaining funds; and (h) how will these remaining funds be allocated? — Sessional Paper No. 8555-402-71.

Q-72 — — What is the total amount of government funding, since fiscal year 2004-2005 up to and including the current fiscal year, allocated within the constituency of , listing each department or agency, initiative, and amount? — Sessional Paper No. 8555-402-72.

Q-77 — — With respect to community facilities on First Nations: (a) does Indian and Northern Affairs Canada (INAC) conduct health and safety inspections of every educational facility on a regular basis and, if so, how often are regular health and safety inspections supposed to take place on educational facilities within INAC’s jurisdiction; (b) what causes health and safety inspections to be conducted on these facilities outside of the regular basis; (c) what health and safety inspections have taken place on the educational facilities in Attawapiskat First Nation since January 2000; (d) what health and safety inspections have taken place on the portables that currently comprise Attawapiskat’s elementary school facilities since they were originally built; (e) how did INAC officials come to the conclusion drawn in the Comprehensive Integrated Document Management document No. 198761 of November 21, 2007 that there were health and safety concerns with the portables in Attawapiskat, which were “in need of extensive repairs”; (f) how many First Nations students across Canada currently attend school in facilities that INAC believes contain health and safety concerns; (g) as of March 4, 2009, what new school construction projects are the top 40 priorities for INAC across Canada and, for each of these 40 schools, how long has INAC known that health and safety concerns existed in the current facilities; (h) between January 2006 and March 2009, how many schools sitting in federal electoral districts represented by Members from the New Democratic Party, Bloc Québécois or Liberal Party of Canada were not built, or had construction delayed; (i) how did INAC’s commitment to upgrading and replacing First Nations’ water facilities impact the capital budget for educational facilities; (j) was additional money allocated to INAC’s overall budget to upgrade and replace First Nations’ water facilities and, if so, how much additional funding did INAC receive to upgrade and replace First Nations’ inadequate water facilities, if not, was money simply moved from other INAC budget lines to fund these projects; (k) between January 2006 and March 2009, how much money was spent on upgrading and replacing water facilities on First Nations in Canada; (l) between January 2006 and March 2009, how much money was spent on upgrading and replacing water facilities on First Nations sitting in federal electoral districts represented by Members from the New Democratic Party, Bloc Québécois or Liberal Party of Canada on the day that the Treasury Board Secretariat signed off on the funding; and (m) between January 2006 and March 2009, how much money was spent on upgrading and replacing water facilities on First Nations sitting in federal electoral districts represented by Members of the Conservative Party of Canada on the day that the Treasury Board Secretariat signed off on the funding? — Sessional Paper No. 8555-402-77.

Government Orders

The House resumed consideration of the motion of Mr. Nicholson (Minister of Justice), seconded by Mr. Hill (Leader of the Government in the House of Commons), — That Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody), be now read a second time and referred to the Standing Committee on Justice and Human Rights.

The debate continued.

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

Accordingly, Bill C-25, An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody), was read the second time and referred to the Standing Committee on Justice and Human Rights.

The Order was read for the second reading and reference to the Standing Committee on International Trade of Bill C-24, An Act to implement the Free Trade Agreement between Canada and the Republic of Peru, the Agreement on the Environment between Canada and the Republic of Peru and the Agreement on Labour Cooperation between Canada and the Republic of Peru.

Ms. Oda (Minister of International Cooperation) for Mr. Day (Minister of International Trade and Minister for the Asia-Pacific Gateway), seconded by Ms. Ambrose (Minister of Labour), moved, — That the Bill be now read a second time and referred to the Standing Committee on International Trade.

Debate arose thereon.

Returns and Reports Deposited with the Clerk of the House

Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:

— by — Summaries of the Corporate Plan and Borrowing Plan for 2009-2010 to 2013-2014 and of the Operating and Capital Budgets for 2009-2010 of the Canadian Commercial Corporation, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4). — Sessional Paper No. 8562-402-817-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on International Trade)

— by — Summaries of the Corporate Plan for 2009-2013 and of the Capital Budget for 2009 of the Canada Development Investment Corporation, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4). — Sessional Paper No. 8562-402-831-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Finance)

— by — Reports of the Canada Post Corporation for the year ended December 31, 2008, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2). — Sessional Paper No. 8561-402-650-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)

— by — Report of the National Energy Board for the year ended December 31, 2008, pursuant to the National Energy Board Act, R.S. 1985, c. N-7, s. 133. — Sessional Paper No. 8560-402-188-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Natural Resources)

— by — Report of the Nuclear Waste Management Organization, together with the Auditors' Report, for the year 2008, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, s. 19.1. — Sessional Paper No. 8560-402-808-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Natural Resources)

Adjournment Proceedings

At 6:30 p.m., pursuant to Standing Order 38(1), the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Accordingly, at 6:49 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).