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HOUSE OF COMMONS OF CANADA
36th PARLIAMENT, 1st SESSION


JOURNALS

No. 231

Wednesday, May 26, 1999

2:00 p.m.



PRAYERS

NATIONAL ANTHEM

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), Mr. Adams (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. 361-2266 and 361-2310 concerning gasoline additives. -- Sessional Paper No. 8545-361-93J;

-- Nos. 361-2267, 361-2269 and 361-2309 concerning pay equity. -- Sessional Paper No. 8545-361-39L;

-- No. 361-2270 concerning pornography. -- Sessional Paper No. 8545-361-49I.

Presenting Reports from Inter-parliamentary Delegations

Pursuant to Standing Order 34(1), Mr. Caccia (Davenport) presented the Report of the Canadian delegation of the Canada- Europe Parliamentary Association respecting its participation at the Council of Europe preparatory meeting at the European Bank for Reconstruction and Development, held in London, England, from March 7 to 9, 1999. -- Sessional Paper No. 8565-361-51I.

Presenting Reports from Committees

Ms. Beaumier (Brampton West -- Mississauga), from the Standing Committee on Foreign Affairs and International Trade, presented the 8th Report of the Committee (Bill S-22, An Act authorizing the United States to preclear travellers and goods in Canada for entry into the United States for the purposes of customs, immigration, public health, food inspection and plant and animal health, without amendment). -- Sessional Paper No. 8510-361-180.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 131, 133, 136 and 138) was tabled.


Mr. Maloney (Erie -- Lincoln), from the Standing Committee on Justice and Human Rights, presented the 22nd Report of the Committee (Bill C-79, An Act to amend the Criminal Code (victims of crime) and another Act in consequence, without amendment). -- Sessional Paper No. 8510-361-181.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 134, 143 and 144) was tabled.

Introduction of Private Members' Bills

By unanimous consent, pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Hill (Prince George -- Peace River), seconded by Mr. Hanger (Calgary Northeast), Bill C-513, An Act to amend the Criminal Code (conditional sentencing), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Presenting Petitions

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

-- by Mr. Caccia (Davenport), one concerning the mistreatment of animals (No. 361-2440);

-- by Mr. Hanger (Calgary Northeast), one concerning marriage (No. 361-2441) and one concerning euthanasia (No. 361-2442);

-- by Mrs. Finestone (Mount Royal), one concerning pesticides (No. 361-2443);

-- by Ms. Picard (Drummond), one concerning the tax system (No. 361-2444);

-- by Mr. St-Julien (Abitibi -- Baie-James -- Nunavik), one concerning housing policy (No. 361-2445);

-- by Ms. Wasylycia-Leis (Winnipeg North Centre), one concerning health care services (No. 361-2446);

-- by Mr. Riis (Kamloops, Thompson and Highland Valleys), one concerning the mistreatment of animals (No. 361-2447), one concerning pornography (No. 361-2448) and one concerning international trade (No. 361-2449);

-- by Ms. Vautour (Beauséjour -- Petitcodiac), one concerning the public pension system (No. 361-2450);

-- by Mr. Adams (Peterborough), one concerning the debts of the poorest countries (No. 361-2451).

Questions on Order Paper

Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answers to questions Q-121, Q-123 and Q-189 on the Order Paper.

NOTICES OF MOTIONS FOR THE PRODUCTION OF PAPERS

The Notice of Motion for the Production of Papers P-54 was called pursuant to Standing Order 97(1) and was transferred by the Clerk to "Notices of Motions (Papers)".

GOVERNMENT ORDERS

The Order was read for the consideration at report stage of Bill C-67, An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts, as reported by the Standing Committee on Finance with amendments.

Mr. Manley (Minister of Industry) for Mr. Martin (Minister of Finance), seconded by Mr. Peterson (Secretary of State (International Financial Institutions)), 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.

Pursuant to Standing Order 76.1(11), the Order was read for the third reading of Bill C-67, An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts.

Mr. Manley (Minister of Industry) for Mr. Martin (Minister of Finance), seconded by Mr. Peterson (Secretary of State (International Financial Institutions)), moved, -- That the Bill be now read a third time and do pass.

Debate arose thereon.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Thursday, May 27, 1999, at the expiry of the time provided for Government Orders.

By unanimous consent, the recorded division was further deferred until Monday, May 31, 1999, at the expiry of the time provided for Government Orders.

PRIVATE MEMBERS' BUSINESS

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 consideration at report stage of Bill C-235 (former title: An Act to amend the Competition Act (protection of those who purchase products from vertically integrated suppliers who compete with them at retail)), as reported by the Standing Committee on Industry 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 to 3.

Group No. 1

Mr. McTeague (Pickering -- Ajax -- Uxbridge), seconded by Mr. Peric (Cambridge), moved Motion No. 1, -- That Bill C-235 be amended by restoring the title thereof as follows:

    "An Act to amend the Competition Act (protection of those who purchase products from vertically integrated suppliers who compete with them at retail)"

Mr. McTeague (Pickering -- Ajax -- Uxbridge), seconded by Mr. Peric (Cambridge), moved Motion No. 2, -- That Bill C-235, in Clause 1, be amended be restoring Clause 1 thereof as follows:

      1. The Competition Act is amended by adding the following after section 50:
      50.1 (1) In this section,
    «affiliate» has the meaning given to it in subsection 77(5);
    «market area» means an area in which a seller customarily sells a product at retail or offers it for sale at retail.
      (2) Every vertically integrated supplier who manufactures and sells a product at retail, either directly or through an affiliate, and also sells the product or a similar product to a purchaser who is not an affiliate but who is in the business of selling the product at retail, and who charges the purchaser a price that exceeds
    (a) the supplier's own retail price in the same market area as that in which the purchaser customarily sells the product or offers it for sale, less
      (i) the supplier's own cost of marketing at retail, and
      (ii) the supplier's reasonable return on the retail sale
      in the case of a direct sale, or
    (b) the price charged to the affiliate, in the case of a sale through an affiliate,
    is guilty of an indictable offence and liable to a fine not exceeding ten thousand dollars for every day on which the offence is committed, in the case of a first offence, and twenty-five thousand dollars for every day on which the offence is committed, in the case of a second or subsequent offence, or to a term of imprisonment not exceeding two years, or to both fine and imprisonment.
      (3) Notwithstanding subsection (2), a vertically integrated supplier is not required to sell a product to a retailer at a price that results in the supplier receiving a lower return on the retail sale of the product when sold by the supplier or its affiliate than the customer's return on the retail sale of the same product supplied by the supplier, in the same market area.

Mr. McTeague (Pickering -- Ajax -- Uxbridge), seconded by Mr. Peric (Cambridge), moved Motion No. 3, -- That Bill C-235, in Clause 2, be amended by restoring Clause 2 thereof as follows:

      "2. Section 78 of the Act is amended by deleting the word "and" at the end of paragraph (h), by adding the word "and" at the end of paragraph (i) and by adding the following after paragraph (i):
    (j) by a vertically integrated supplier, coercing or attempting to coerce a customer who competes with the supplier at the retail level in the same market area, in relation to the establishment of the customer's retail price or pricing policy."

Debate arose on the motions in Group No. 1 (Motions Nos. 1 to 3).

Mr. Peric (Cambridge), seconded by Mr. Stoffer (Sackville-Musquodoboit Valley -- Eastern Shore), moved an amendment to Motion No. 2, -- That Motion No. 2 be amended

    (a) by replacing paragraph 50.1(2)(a) with the following:
      "(a) the vertically integrated supplier's own retail price in the same market area, or"
    (b) by deleting subsection 50.1(3).

The debate continued on the motions in Group No. 1 (Motions Nos. 1 to 3).

Pursuant to Standing Order 98(2), the Order was dropped to the bottom of the order of precedence on the Order Paper.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

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

-- by Mr. Collenette (Minister of Transport) -- Report of the Canada Ports Corporation, Halifax Port Corporation, Montréal Port Corporation, Prince Rupert Port Corporation, Port of Québec Corporation, Saint John Port Corporation, St. John's Port Corporation and Vancouver Port Corporation, together with the Auditors' Report, for the year 1998, pursuant to the Financial Administration Act, R. S. 1985, c. F-11, sbs. 150(1). -- Sessional Paper No. 8560-361-154B. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport)

PETITIONS FILED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 36, a petition certified correct by the Clerk of Petitions was filed as follows:

-- by Mrs. Chamberlain (Guelph -- Wellington), concerning tobacco (No. 361-2452).

PROCEEDINGS ON ADJOURNMENT MOTION

At 6:31 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.

ADJOURNMENT

At 6:37 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).