Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) for Mr. Rock (Minister of Justice and Attorney General of Canada) laid upon the Table, — Government response, pursuant to Standing Order 36(8), to petition No. 351-0858 concerning the imprisonment of Leonard Peltier in the United States. — Sessional Paper No. 8545-351-78.

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) for Mr. Rock (Minister of Justice and Attorney General of Canada) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to petitions Nos. 351-0896, 351-0897, 351-1093 and 351-1099 concerning the parole system. — Sessional Paper No. 8545-351-10L.

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) for Mr. Rock (Minister of Justice and Attorney General of Canada) laid upon the Table, — Government response, pursuant to Standing Order 36(8), to petition No. 351-0979 concerning the appointment of Justices. — Sessional Paper No. 8545-351-79.

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) for Mr. Rock (Minister of Justice and Attorney General of Canada) laid upon the Table, — Government response, pursuant to Standing Order 36(8), to petitions Nos. 3511148 and 3511152 concerning the Young Offenders Act. — Sessional Paper No. 8545-351-9J.

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) for Mr. Rock (Minister of Justice and Attorney General of Canada) laid upon the Table, — Government response, pursuant to Standing Order 36(8), to petition No. 351-1194 concerning sentences in the Criminal Code. — Sessional Paper No. 8545-351-70B.

Mr. DeVillers (Simcoe North), from the Standing Committee on Environment and Sustainable Development, presented the 4th Report of the Committee (Bill C–56, An Act to amend the Canadian Environmental Assessment Act, with amendments). — Sessional Paper No. 8510-351-61.

A copy of the relevant Minutes of Proceedings and Evidence (Issues Nos. 51 and 60, which includes this Report) was tabled.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Anderson (Minister of National Revenue) for Mr. Martin (Minister of Finance), seconded by Mr. Marchi (Minister of Citizenship and Immigration), Bill C–59, An Act to amend the Income Tax Act and the Income Tax Application Rules, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Recommendation
(Pursuant to Standing Order 79(2))

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Income Tax Act and the Income Tax Application Rules”.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Reed (Halton–Peel), seconded by Mr. Regan (Halifax West), Bill C–291, An Act respecting a national year of the grandparent, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

By unanimous consent, it was ordered — That the Standing Committee on Finance be authorized to travel to Toronto on November 28 and 29, 1994, during its consideration of matters set forth in Standing Order 83.1;

That, on Monday, November 28, 1994 and, if necessary, on Wednesday, November 30, 1994, the business to be taken up under Government Orders shall be the following motion:

That this House take note of the opinions expressed by Canadians on the budgetary policy of the government and, notwithstanding the provisions of Standing Order 83.1, authorize the Standing Committee on Finance to make a report or reports theron no later than December 7, 1994. (Government Business No. 17)

And that no later than the time of completion of consideration of Government Orders on November 30, 1994, every question necessary for the disposal of the said motion shall be put forthwith and successively, without further debate or amendment.

By unanimous consent, it was ordered, — That Private Members’ Business motion M–107, standing on the list of the Order of Precedence on the Order Paper in the name of Mr. Gauthier (Ottawa–Vanier) be withdrawn.

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

• by Mr. Hart (Okanagan–Similkameen–Merritt), one concerning gun control (No. 351-1404);
• by Mr. Leblanc (Longueuil), one concerning the unemployment insurance program (No. 351-1405);
• by Mr. Duhamel (St. Boniface), one concerning radio and television programming (No. 351-1406);
• by Mr. Solomon (Regina–Lumsden), one concerning the Patent Act (drug research) (No. 351-1407).

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answer to question Q–80 on the Order Paper.

The Order was read for the consideration at report stage of Bill C–57, An Act to implement the Agreement Establishing the World Trade Organization, as reported by the Standing Committee on Foreign Affairs and International Trade with amendments.

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 — Motions Nos. 1, 2, 6 and 7

Group No. 2 — Motion No. 3

Group No. 3 — Motions Nos. 4 and 5

Group No. 4 — Motion No. 8

Group No. 5 — Motion No. 9

Group No. 6 — Motion No. 10

Group No. 1

Mrs. Debien (Laval East), seconded by Mr. Leblanc (Longueuil), moved Motion No. 1, — That Bill C–57 be amended by adding after line 11, on page 3, the following new Clauses:

 

“(3.1)

The Minister of International Trade shall establish a process for consultation with the provinces regarding

(a)

implementation of the Agreement wherever implementation relates to a matter within provincial legislative jurisdiction; and

(b)

any matter relating to trade dispute resolution under the Agreement;

(c)

any economic matter of major international significance.

  (3.2)

Notwithstanding any provision in this Act or in the Agreement, the Governor in Council or the Minister shall not, without prior agreement of the provinces,

(a)

authorize any change to the Agreement in respect of allocation mechanisms for tariff quotas;

(b)

establish or implement policies for selecting trade partners to receive access to the Canadian market.

  (3.3)

In respect of subsidized exports, the Minister shall, in implementing the commitments made by Canada under the Agreement in respect of prices and quantities, have regard at all times to actions taken in the relevant areas by foreign competitors.

  (3.4)

In respect of agricultural products imported beyond established tariff quotas at a time of shortage of such product in domestic markets, the Minister shall take such measures as may be required from time to time, including imposition of tariffs, to ensure that such products are not imported at prices lower than those prevailing for the same products in the domestic markets.”

Mr. Leblanc (Longueuil), seconded by Mrs. Debien (Laval East), moved Motion No. 2, — That Bill C–57 be amended by adding after line 11, on page 3, the following new Clause:

 

“(3.1)

Notwithstanding any provision of this Act or the Agreement, the Minister of International Trade shall each year lay before the House of Commons a report taking into account the priorities identified by the committee of the House of Commons that normally considers matters relating to external affairs concerning

(a)

implementation of the Agreement in Canada;

(b)

the trade obligations and commitments undertaken by Canada at the international level by the trading partners of major importance to Canada, especially the United States; and

(c)

the impact of the Agreement on Canadian workers and companies.”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Solomon (Regina–Lumsden), moved Motion No. 6, — That Bill C–57, in Clause 13, be amended by adding after line 29, on page 5, the following:

 

“(2.1)

The Minister shall consult with the appropriate House committee before any vote is taken by the Ministerial Conference or the General Council authorizing or approving any one or more of the following actions by WTO:

(a)

the adoption of an interpretation of the Agreement or any other multilateral trade agreement to which Canada is a party;

(b)

the amendment of the Agreement or any other multilateral trade agreement to which Canada is a party;

(c)

the granting of a waiver of any obligation under the Agreement or any other multilateral trade agreement to which Canada is a party;

(d)

the adoption of any amendment to the rules or procedures of the Ministerial Conference or the General Council;

(e)

the accession of a state or separate customs territory to the Agreement; or

(f)

the adoption of any other decision.

if the WTO action described in paragraphs (a), (b), (c), (d), (e) or (f) would substantially affect the rights or obligations of Canada under the Agreement or any other multilateral trade agreement or would require a change of any law of Canada or of any province or territory in Canada.

  (2.2)

Not later than 30 days after the end of any calendar year in which the Ministerial Conference or the General Council authorizes or approves any WTO action described in subsection (2.1), the Minister shall submit a report to the appropriate House committee setting out

(a)

the nature of the WTO action;

(b)

the efforts made by the Minister to have the matter decided by consensus in accordance with paragraph (1) of Article IX of the Agreement and the results of those efforts;

(c)

which WTO Members voted for and which voted against the WTO action;

(d)

the rights or obligations of Canada that are affected by the WTO action and any law of Canada or of any province or territory in Canada that must be amended or repealed, for purposes of conforming with the WTO action; and

(e)

the measures, if any, that the Minister intends to take in response to WTO action and if the Minister does not intend to take any measures, the reasons therefor.

  (2.3)

Where the World Trade Organization grants a waiver as described in paragraph (2.1)(c), the report under subsection (2.2) shall also describe the terms and conditions of the waiver and the rights and obligations of Canada that are affected by the waiver.

  (2.4)

Where the World Trade Organization approves an accession of a state or separate customs territory to the Agreement, the report under subsection (2.2) shall state whether Canada intends to invoke Article XIII of the Agreement.

  (2.5)

Promptly after submission of a report under subsection (2.2), the Minister shall consult with the appropriate House committee with respect to the report.”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Solomon (Regina–Lumsden), moved Motion No. 7, — That Bill C–57, be amended by adding after line 36, on page 5, the following new Clause:

“13.1.

The Minister shall, twice in each calendar year after the proclamation of this Act, report to Parliament on any negotiations that take place under Article III(2) of the Agreement, including negotiations that pertain to the labour, social and environmental dimensions of the multilateral trade relations of member states.”

Debate arose on the motions in Group No. 1.

The question was put on Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 2 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 6 and it was negatived on division.

The question was put on Motion No. 7 and it was negatived on division.

Group No. 2

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Solomon (Regina–Lumsden), moved Motion No. 3, — That Bill C–57, in Clause 8, be amended by replacing line 1, on page 4, with the following:

“8.

(1)

Subject to this section, the Agreement is hereby approved.

(2)

In subsections (2) to (6), “law of Canada” includes laws duly enacted by any province or territory in Canada.

(3)

No provision of the Agreement shall apply where its application or enforcement would result in contravention of any law of Canada.

(4)

Nothing in the Agreement or in this Act shall be construed

(a)

to amend or modify any law of Canada, including any law relating to

(i)

protection of human or animal life,

(ii)

protection of the environment, or

(iii)

worker safety;

or

(b)

to limit any authority conferred under a law of Canada, unless specifically provided for in this Act.

(5)

As may be required, the Minister shall consult with the governments of the provinces and territories for the purpose of achieving conformity with the provisions of the Agreement.

(6)

No law of Canada may be declared invalid on the ground that the law or its application or enforcement in a particular circumstance is inconsistent with any provision of the Agreement.”

Debate arose on the motion in Group No. 2.

The question was put on Motion No. 3 and it was negatived on division.

Group No. 3

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Solomon (Regina–Lumsden), moved Motion No. 4, — That Bill C–57 be amended by adding after line 20, on page 4, the following new Clause:

“12.1.

The Minister shall conduct a study to determine the effects of the Uruguay Round Agreements on the Canadian milk marketing system and shall, not later than 6 months after the date of entry into force of the Agreement with respect to Canada, table a report in the House of Commons on the results of the study.”

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Solomon (Regina–Lumsden), moved Motion No. 5, — That Bill C–57, be amended by adding after line 20, on page 4, the following new Clause:

“12.1.

Not later than March 1 of each year beginning in 1996, the Minister shall table in the House of Commons a report describing, in respect of the preceding fiscal year of the World Trade Organization (“WTO”),

(a)

the major activities and work programs of WTO, including the functions and activities of committees established under Article IV of the Agreement and the expenditures made by WTO in connection with those activities and programs;

(b)

the percentage of budgetary assessments by WTO that were accounted for by each WTO Member including Canada;

(c)

the total number of personnel employed or retained by the Secretariat at WTO and the number of professional, administrative and support staff at WTO;

(d)

for each personnel category described in paragraph (c), the number of citizens of each WTO Member and the average salary of the personnel in each category;

(e)

any report issued by a panel or the Appellate Body in a dispute settlement proceeding regarding any law of Canada or of any province or territory in Canada and the efforts of the Minister to provide for implementation of recommendations contained in the report that are adverse to Canada or any province or territory in Canada;

(f)

details on proceedings before a panel or the Appellate Body that were initiated during the fiscal year regarding any law of Canada or of any province or territory in Canada, the status of the proceeding and the matters at issue in the proceeding;

(g)

the status of consultations with any State whose law was the subject of a report adverse to Canada that was issued by a panel or the Appellate Body; and

(h)

any progress achieved in increasing the transparency of proceedings of the Ministerial Conference and the General Council and of dispute settlement proceedings conducted pursuant to the Dispute Settlement Understanding.

  12.2.

The first annual report submitted to the House of Commons under section 12.1 after the end of the 5-year period beginning on the date on which the Agreement enters into force with respect to Canada and after the end of every 5-year period thereafter shall include an analysis of the effects of the Agreement on the interests of Canada, the costs and benefits to Canada of its participation in WTO and the value of continued participation in WTO.”

Debate arose on the motions in Group No. 3.

The question was put on Motion No. 4 and it was negatived on division.

The question was put on Motion No. 5 and it was negatived on division.

Group No. 4

Mr. Paré (Louis-Hébert), seconded by Mrs. Debien (Laval East), moved Motion No. 8, — That Bill C–57, in Clause 58, be amended by replacing lines 4 to 8, on page 25, with the following:

“(a) to fix the performer’s performance in any existing or future medium by means of which sounds may be reproduced,”

Debate arose on the motion in Group No. 4.

Pursuant to Standing Order 31, Members made statements.

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

The House resumed consideration at report stage of Bill C–57, An Act to implement the Agreement Establishing the World Trade Organization, as reported by the Standing Committee on Foreign Affairs and International Trade with amendments.

Debate resumed on the motion in Group No. 4.

The question was put on Motion No. 8 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 5

Mr. Taylor (The Battlefords–Meadow Lake), seconded by Mr. Sauvageau (Terrebonne), moved Motion No. 9, — That Bill C–57, in Clause 103, be amended:

1. by replacing lines 31 to 33, on page 54, with the following:

   “paragraph (d) and by adding the following after paragraph (e):”; and

2. by replacing line 41, on page 54, with the following:

   “plies; or
   
   (g) to restrict the importation of goods made, or containing components made in contravention of International Organization Conventions numbers 79, 90 and 138 regarding child labour.”

By unanimous consent, Motion No. 9 was amended to read as follows:

That Bill C–57, in Clause 103, be amended:

1. by replacing lines 31 to 33, on page 54, with the following:

   “paragraph (d) and by adding the following after paragraph (e):”; and

2. by replacing line 41, on page 54, with the following:

   “plies; or
   
   (g) to restrict the importation of goods made, or containing components made in contravention of International Labor Organization Conventions numbers 79, 90 and 138 regarding child labor.”

Debate arose on the motion in Group No. 5.

A Message was received from the Senate as follows:

— ORDERED: That a Message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C–50, An Act to amend the Canadian Wheat Board Act, without amendment.

The Speaker informed the House that the Honourable the Deputy Governor General will proceed to the Senate today at 3:30 p.m., for the purpose of giving the Royal Assent to certain Bills.

A Message was received from the Honourable Charles Gonthier, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, desiring the immediate attendance of the House in the Senate.

Accordingly, the Speaker, with the House, proceeded to the Senate.

The Commons returned to the Chamber.

Whereupon, the Speaker reported that, when the Commons had been in the Senate, the Honourable the Deputy Governor General was pleased to give, in Her Majesty’s name, the Royal Assent to the following Bills:

Bill C–25, An Act to amend the Canada Petroleum Resources Act. — Chapter No. 36;

Bill C–11, An Act to amend the Excise Act, the Customs Act and the Tobacco Sales to Young Persons Act. — Chapter No. 37;

Bill C–49, An Act to amend the Department of Agriculture Act and to amend or repeal certain other Acts. — Chapter No. 38; and

Bill C–50, An Act to amend the Canadian Wheat Board Act. — Chapter No. 39.

The House resumed consideration at report stage of Bill C–57, An Act to implement the Agreement Establishing the World Trade Organization, as reported by the Standing Committee on Foreign Affairs and International Trade with amendments.

Debate resumed on the motion in Group No. 5.

The question was put on Motion No. 9, as amended, and pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 6

Mr. Bergeron (Verchères), seconded by Mr. Sauvageau (Terrebonne), moved Motion No. 10, — That Bill C–57, in Clause 185, be amended by adding after line 22, on page 124, the following:

“(6) Section 97 of the Act is amended by adding the following after subsection (2):

 

“(3)

The Governor in Council shall, on the recommendation of the Minister of Finance and the Minister of Industry, make regulations prescribing the factors that shall be considered in determining whether the dumping or subsidizing of any goods has caused any injury or retardation or is threatening to cause injury, which factors shall include, among others,

(a)

unused production capacity;

(b)

any increase in imports;

(c)

any adverse price effects;

(d)

inventories;

(e)

any other demonstrable adverse trends”.”

Debate arose on the motion in Group No. 6.

The question was put on Motion No. 10 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The House proceeded to the taking of the deferred recorded divisions at report stage of Bill C–57, An Act to implement the Agreement Establishing the World Trade Organization, as reported by the Standing Committee on Foreign Affairs and International Trade with amendments.

Pursuant to Standing Order 45(6), the recorded divisions were further deferred until Monday, November 28, 1994, at the ordinary hour of daily adjournment.

The Order was read for the consideration at report stage of Bill C–55, An Act to establish a board having jurisdiction concerning disputes respecting surface rights in respect of land in the Yukon Territory and to amend other Acts in relation thereto, as reported by the Standing Committee on Aboriginal Affairs and Northern Development without amendment.

Mr. Tobin (Minister of Fisheries and Oceans) for Mr. Irwin (Minister of Indian Affairs and Northern Development), seconded by Ms. Copps (Deputy Prime Minister and Minister of the Environment), moved, — That the Bill be concurred in at report stage.

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

Accordingly, the Bill was concurred in at report stage.

The Order was read for the third reading of Bill C–55, An Act to establish a board having jurisdiction concerning disputes respecting surface rights in respect of land in the Yukon Territory and to amend other Acts in relation thereto.

Mr. Tobin (Minister of Fisheries and Oceans) for Mr. Irwin (Minister of Indian Affairs and Northern Development), seconded by Ms. Copps (Deputy Prime Minister and Minister of the Environment), moved, — That the Bill be now read a third time and do pass.

Debate arose thereon.

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members’ Business.

The Order was read for the second reading and reference to the Standing Committee on Agriculture and Agri-Food of Bill C–262, An Act to provide for the settlement of labour disputes affecting the export of grain by arbitration and to amend the Public Service Staff Relations Act in consequence thereof.

Mr. Speaker (Lethbridge), seconded by Mr. Hoeppner (Lisgar–Marquette), moved, — That the Bill be now read a second time and referred to the Standing Committee on Agriculture and Agri-Food.

Debate arose thereon.

Pursuant to Standing Order 93, the time provided for consideration of Private Members’ Business expired and the Order was dropped to the bottom of the order of precedence on the Order Paper.

At 6:30 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).