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MINUTES OF PROCEEDINGS
 
Meeting No. 85
 
Tuesday, September 16, 2003
 

The Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources met at 9:07 a.m. this day, in Room 308 West Block, the Chair, Raymond Bonin, presiding.

 

Members of the Committee present: Gérard Binet, Raymond Bonin, Stan Dromisky, John Godfrey, Charles Hubbard, Nancy Karetak-Lindell, Yvan Loubier, Pat Martin and Benoît Serré.

 

Acting Members present: John Duncan for Brian Pallister, Gary Schellenberger for Inky Mark and Guy St-Julien for Julian Reed.

 

In attendance: Library of Parliament: Mary Hurley, Analyst; Tonina Simeone, Analyst. House of Commons: Susan Baldwin, Legislative Clerk; Joann Garbig, Legislative Clerk.

 

Witnesses: Department of Indian Affairs and Northern Development : Paul Salembier, Senior Counsel; Gordon Shanks, Assistant Deputy Minister, Economic Development and Special Initiatives; Stuart Swanson, Director, Special Initiatives.

 
Pursuant to the Order of Reference of Tuesday, February 25, 2003, the Committee commenced consideration of Bill C-19, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts.
 

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

 

By unanimous consent, Clause 2 was allowed to stand.

 

At 9:09 a.m., the sitting was suspended.

At 9:11 a.m., the sitting resumed.

 

Pat Martin moved, — That the Committee do now adjourn.

 

The question was put on the motion and it was negatived, by a show of hands: YEAS: 2; NAYS: 8.

 

By unanimous consent, Yvan Loubier moved, — That the National Chief, Phil Fontaine, be invited before the Committee before proceeding with the clause-by-clause consideration of Bill C-19.

 

After debate, the question was put on the motion and it was negatived, by a show of hands: YEAS: 2; NAYS: 8.

 

On Clause 3,

Charles Hubbard moved, — That Bill C-19, in Clause 3, be amended by replacing lines 5 to 30 on page 4 with the following:

“ 3. Before making any law under subsection 4(1), the council of a first nation shall make a law respecting the financial administration of the first nation under paragraph 8(1)( a ).”

After debate, the question was put on the amendment of Charles Hubbard and it was agreed to.

 

Clause 3, as amended, carried.

 

At 9:30 a.m., the sitting was suspended.

At 9:36 a.m., the sitting resumed.

 

On Clause 4,

Pat Martin moved, — That Bill C-19, in Clause 4, be amended by replacing lines 18 and 19 on page 6 with the following:

“assessments; and”

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 4; NAYS: 8.

 

Charles Hubbard moved, — That Bill C-19, in Clause 4, be amended by replacing line 40 on page 4 with the following:

“ lands, interests and rights, the requisition of any information necessary to conduct the assessment and the inspection, in accordance with procedures prescribed by regulation, for assessment purposes of any reserve lands that are subject to taxation for local purposes,”

After debate, the question was put on the amendment of Charles Hubbard and it was agreed to, by a show of hands: YEAS: 5; NAYS: 3.

 

Charles Hubbard moved, — That Bill C-19, in Clause 4, be amended by replacing, in the French version, line 11 on page 7 with the following:

“peut être admis d'office dans toute instance.”

After debate, the question was put on the amendment of Charles Hubbard and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.

 

Clause 4, as amended, carried.

 

On Clause 5,

Pat Martin moved, — That Bill C-19, in Clause 5, be amended by replacing lines 14 to 42 on page 7 and lines 1 to 7 on page 8 with the following:

5. The council of a first nation shall determine how it wishes to give fair and proper legal notice of its intention to pass a law, such notice to be appropriate to the circumstances.”

After debate, the question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 2; NAYS: 7.

 

Pat Martin moved, — That Bill C-19, in Clause 5, be amended by deleting lines 8 to 13 on page 8.

After debate, the question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

 

Clause 5, as amended, carried.

 

On Clause 6,

Pat Martin moved, — That Bill C-19, in Clause 6, be amended by replacing lines 17 to 24 on page 8 with the following:

“Commission, the council shall consider proper and appropriate ways to ensure that the passage of the law is known to those people with an interest in knowing it or that the law may have proper effect.”

After debate, the question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

 

Clause 6 carried.

 

On Clause 7,

Pat Martin moved, — That Bill C-19, in Clause 7, be amended by replacing lines 25 to 44 on page 8 and lines 1 to 35 on page 9 with the following:

7. A property taxation law – including an amendment of a property taxation law or a law made under paragraph 4(1)( c ) – shall, as a council deems appropriate, include such details as are needed for the law to be just, fair and effective.”

The question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

 

Clause 7 carried.

 

Clauses 8 and 9 carried severally.

 

On Clause 10,

Charles Hubbard moved, — That Bill C-19, in Clause 10, be amended by replacing lines 10 to 15 on page 11 with the following:

“ (3) The borrowing member shall, in every year, reserve such local revenues as are required to ensure that all amounts authorized to be paid to the First Nations Finance Authority in the year are actually paid in that year.”

After debate, the question was put on the amendment of Charles Hubbard and it was agreed to, by a show of hands: YEAS: 6; NAYS: 2.

 

Clause 10, as amended, carried on division.

 

Clause 11 carried on division.

 

Clause 12 carried on division.

 

Clause 13 carried.

 

At 12:22 p.m., the sitting was suspended due to a lack of quorum.

At 12:25 p.m., the sitting resumed.

 

Clause 14 carried on division.

 

At 12:37 p.m., the Committee adjourned to the call of the Chair.

 



Elizabeth B. Kingston
Clerk of the Committee

 
 
2003/09/17 3:28 p.m.