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Tuesday, November 21, 2006 (No. 83)

Report Stage of Bills

Bill C-24

An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence

Notices of Motions

Motion No. 1 — November 16, 2006 — — That Bill C-24, in Clause 2, be amended by replacing lines 39 and 40 on page 2 with the following:

““softwood lumber product” means a product referred to in section 8.4 of”

Motion No. 2 — November 16, 2006 — — That Bill C-24, in Clause 2, be amended by replacing lines 39 and 40 on page 2 with the following:

““softwood lumber product” means, except in section 18 and except for the purpose of calculating American consumption of softwood lumber products, a product referred to in section 8.4 of”

Motion No. 3 — November 16, 2006 — — That Bill C-24, in Clause 6, be amended by replacing lines 13 to 30 on page 4 with the following:

“6. For the purposes of this Act, persons are related to each other if they are related persons within the meaning of subsections 251(2) to (6) of the Income Tax Act.”

Motion No. 4 — November 16, 2006 — — That Bill C-24 be amended by deleting Clause 8.

Motion No. 5 — November 16, 2006 — — That Bill C-24, in Clause 9, be amended by deleting lines 11 to 15 on page 5.

Motion No. 6 — November 16, 2006 — — That Bill C-24 be amended by deleting Clause 10.

Motion No. 7 — November 16, 2006 — — That Bill C-24, in Clause 10.1, be amended by

(a) replacing line 27 on page 5 with the following:

“referred to in section 10:”

(b) replacing line 12 on page 6 with the following:

“underwent its first primary processing in one of”

Motion No. 8 — November 16, 2006 — — That Bill C-24, in Clause 10.1, be amended by replacing, in the English version, line 32 on page 5 with the following:

“Territories or Nunavut; and”

Motion No. 9 — November 16, 2006 — — That Bill C-24, in Clause 11, be amended by replacing lines 20 and 21 on page 6 with the following:

“(3) or (4) to the export price of the product.”

Motion No. 10 — November 16, 2006 — — That Bill C-24, in Clause 11, be amended

(a) by replacing line 20 on page 6 with the following:

“(3) to the export price of the product as”

(b) by replacing lines 32 to 45 on page 6 and lines 1 to 31 on page 7 with the following:

“(3) The applicable rate of charge for the particular month is 0%.”

Motion No. 11 — November 16, 2006 — — That Bill C-24, in Clause 12, be amended by replacing, in the English version, line 36 on page 7 with the following:

“incurred in the placement aboard the convey-”

Motion No. 12 — November 16, 2006 — — That Bill C-24, in Clause 12, be amended

(a) by replacing lines 38 and 39 on page 7 with the following:

“shipping costs.”

(b) by replacing lines 20 and 21 on page 9 with the following:

“before the day on which the softwood lumber product is exported.”

Motion No. 13 — November 16, 2006 — — That Bill C-24, in Clause 12, be amended by replacing lines 2 to 13 on page 8 with the following:

“who is certified under section 25.”

Motion No. 14 — November 16, 2006 — — That Bill C-24 be amended by deleting Clause 13.

Motion No. 15 — November 16, 2006 — — That Bill C-24, in Clause 14, be amended by

(a) replacing line 38 on page 11 with the following:

“Edward Island and Newfoundland and Labrador, as provided in subsection 10.1(2),”

(b) replacing lines 5 and 6 on page 12 with the following:

“responsible for excess exports as determined under subsection (2) shall pay to Her Majesty in right of Canada a charge calculated”

“excess exports.

(1.1) The charge becomes payable at the time that the softwood lumber product is exported.

(2) A person’s excess exports shall equal”

Motion No. 16 — November 16, 2006 — — That Bill C-24, in Clause 14, be amended by replacing, in the English version, line 2 on page 12 with the following:

“primary processing in one of those provinces from”

Motion No. 17 — November 16, 2006 — — That Bill C-24 be amended by deleting Clause 17.

Motion No. 18 — November 16, 2006 — — That Bill C-24, in Clause 17, be amended by

(a) replacing lines 42 and 43 on page 12 with the following:

“product from the charges referred to in sections 10 and 14.”

(b) replacing line 3 on page 13 with the following:

“charges referred to in sections 10 and 14.”

Motion No. 19 — November 16, 2006 — — That Bill C-24 be amended by deleting Clause 18.

Motion No. 20 — November 16, 2006 — — That Bill C-24, in Clause 25, be amended by adding after line 39 on page 16 the following:

“(1.1) The requirements of the softwood lumber agreement, as defined in subsection 2(1) of the Export and Import Permits Act, relating to the certification of independent remanufacturers prevail over the requirement to file prescribed information under subsection (1), to the extent of any inconsistency.”

Motion No. 21 — November 16, 2006 — — That Bill C-24, in Clause 26, be amended by replacing lines 18 to 22 on page 17 with the following:

“required to be registered under section 22 shall, on or before the last day of the month”

Motion No. 22 — November 16, 2006 — — That Bill C-24, in Clause 26, be amended by replacing lines 26 and 27 on page 17 with the following:

“containing the prescribed information;”

Motion No. 23 — November 16, 2006 — — That Bill C-24, in Clause 32, be amended by replacing lines 38 to 41 on page 19 and lines 1 to 12 on page 20 with the following:

“provide information under subsection (1), the return shall be filed, or the information shall be provided, within the time so extended.”

Motion No. 24 — November 16, 2006 — — That Bill C-24, in Clause 34, be amended by replacing lines 21 to 44 on page 20 and lines 1 to 9 on page 21 with the following:

“under this Act, the Minister may cancel any interest and penalty on the amount.”

Motion No. 25 — November 16, 2006 — — That Bill C-24 be amended by deleting Clause 39.

Motion No. 26 — November 16, 2006 — — That Bill C-24, in Clause 41, be amended by replacing lines 7 to 12 on page 24 with the following:

“the Minister shall pay a refund of that amount to the person.”

Motion No. 27 — November 16, 2006 — — That Bill C-24, in Clause 42, be amended by replacing line 37 on page 24 with the following:

“that”

Motion No. 28 — November 16, 2006 — — That Bill C-24 be amended by deleting Clause 50.

Motion No. 29 — November 16, 2006 — — That Bill C-24, in Clause 56, be amended by deleting lines 1 to 3 on page 41.

Motion No. 30 — November 16, 2006 — — That Bill C-24, in Clause 66, be amended by replacing line 6 on page 47 with the following:

“under this Act is liable to a penalty of one dollar for”

Motion No. 31 — November 16, 2006 — — That Bill C-24, in Clause 67, be amended by replacing line 19 on page 47 with the following:

“penalty of the greater of $50 and 5% of the”

Motion No. 32 — November 16, 2006 — — That Bill C-24, in Clause 68, be amended by replacing lines 10 to 12 on page 48 with the following:

“to a fine of not less than $100 and not more than $2,500 or to imprisonment for a term not exceeding 10 days, or to both.”

Motion No. 33 — November 16, 2006 — — That Bill C-24, in Clause 69, be amended by replacing lines 16 to 21 on page 49 with the following:

“(a) a fine of not less than 5%, and not more than 20%, of the amount payable that was sought to be evaded, or of the refund sought, or, if the amount that was sought to be evaded cannot be ascertained, a fine of not less than $100 and not more than $2,500;”

Motion No. 34 — November 16, 2006 — — That Bill C-24, in Clause 70, be amended by replacing line 7 on page 50 with the following:

“one dollar and an amount equal to 10% of the”

Motion No. 35 — November 16, 2006 — — That Bill C-24, in Clause 71, be amended by replacing line 17 on page 50 with the following:

“exceeding $500 or to imprisonment for a term”

Motion No. 36 — November 16, 2006 — — That Bill C-24, in Clause 71, be amended by replacing line 18 on page 50 with the following:

“not exceeding seven days, or to both, if the”

Motion No. 37 — November 16, 2006 — — That Bill C-24, in Clause 72, be amended by replacing line 6 on page 51 with the following:

“a fine not exceeding $100.”

Motion No. 38 — November 16, 2006 — — That Bill C-24, in Clause 73, be amended by replacing lines 8 and 9 on page 51 with the following:

“offence under section 68 or 72 unless it is established that the person did not exercise all due diligence”

Motion No. 39 — November 16, 2006 — — That Bill C-24, in Clause 75, be amended by replacing lines 23 and 24 on page 51 with the following:

“ment provided for the offence, if proof exists and if the person has been prosecuted and convicted.”

Motion No. 40 — November 16, 2006 — — That Bill C-24, in Clause 76, be amended by replacing lines 12 and 13 on page 52 with the following:

“under this Act, may be laid or made within one year after the day on which the matter of the”

Motion No. 41 — November 16, 2006 — — That Bill C-24, in Clause 77, be amended by replacing lines 33 to 43 on page 52 and lines 1 to 20 on page 53 with the following:

“(3) If any place referred to in paragraph (2)(a) is a dwelling-house or place of business, the authorized person may not enter that dwelling-house or place of business without the consent of the occupant, except under the authority of a warrant issued under subsection (4).

(4) A judge may issue a warrant authorizing a person to enter a dwelling-house or place of business subject to the conditions specified in the warrant if, on ex parte application by the Minister, a judge is satisfied by information on oath that

(a) there are reasonable grounds to believe that the dwelling-house or place of business is a place referred to in paragraph (2)(a);

(b) entry into the dwelling-house or place of business is necessary for any purpose related to the administration or enforcement of this Act; and

(c) entry into the dwelling-house or place of business has been, or there are reasonable grounds to believe that entry will be, refused.

(5) If the judge is not satisfied that entry into the dwelling-house or place of business is necessary for any purpose related to the administration or enforcement of this Act, the judge may, to the extent that access was or may be expected to be refused and that a record or property is or may be expected to be kept in the dwelling-house or place of business,

(a) order the occupant of the dwelling-house or place of business to provide a person with reasonable access to any record or property that is or should be kept in the dwelling-house or place of business; and”

Motion No. 42 — November 16, 2006 — — That Bill C-24, in Clause 77, be amended by replacing line 36 on page 52 with the following:

“consent of the occupant after having advised the occupant of their right to refuse entry, except under the”

Motion No. 43 — November 16, 2006 — — That Bill C-24, in Clause 78, be amended by replacing line 5 on page 54 with the following:

“not be heard before the end of ten clear days”

Motion No. 44 — November 16, 2006 — — That Bill C-24, in Clause 81, be amended by replacing line 26 on page 55 with the following:

“(a) a reasonable period of not less than 150”

Motion No. 45 — November 16, 2006 — — That Bill C-24, in Clause 81, be amended by adding after line 17 on page 56 the following:

“(6.1) For the purposes of subsection (5), a judge shall set aside the requirement if the person demonstrates that they were unable to obtain the information or record despite having made a genuine effort to do so.”

Motion No. 46 — November 16, 2006 — — That Bill C-24, in Clause 81, be amended by replacing line 26 on page 56 with the following:

“may be made under section 51.”

Motion No. 47 — November 16, 2006 — — That Bill C-24, in Clause 82, be amended by replacing line 41 on page 56 with the following:

“file with the Minister, within eight months after”

Motion No. 48 — November 16, 2006 — — That Bill C-24, in Clause 82, be amended by replacing line 44 on page 56 with the following:

“with that person, if that information is necessary for the purposes of this Act.”

Motion No. 49 — November 16, 2006 — — That Bill C-24, in Clause 83, be amended by replacing line 10 on page 57 with the following:

“unable to act within ten business days, another judge of the same court,”

Motion No. 50 — November 16, 2006 — — That Bill C-24, in Clause 83, be amended by replacing lines 9 and 10 on page 58 with the following:

“retained by the Minister, who shall take proper and responsible care to ensure that it is preserved until the”

Motion No. 51 — November 16, 2006 — — That Bill C-24, in Clause 83, be amended by replacing line 37 on page 58 with the following:

“record at the expense of the Minister, and the Minister shall reimburse reasonable transportation costs to the person for this purpose.”

Motion No. 52 — November 16, 2006 — — That Bill C-24, in Clause 84, be amended by replacing lines 12 and 13 on page 60 with the following:

“(5) The Minister may provide to medical and judicial authorities any confidential information relating to”

Motion No. 53 — November 16, 2006 — — That Bill C-24, in Clause 84, be amended by replacing lines 39 to 41 on page 62 with the following:

“Act.”

Motion No. 54 — November 16, 2006 — — That Bill C-24, in Clause 84, be amended by adding after line 34 on page 64 the following:

“(12) The Minister may order the disposal — including by destruction — of any information collected under this section that in the opinion of the Minister is no longer necessary for the administration of this Act.”

Motion No. 55 — November 16, 2006 — — That Bill C-24, in Clause 86, be amended by replacing line 30 on page 67 with the following:

“150 days after the date of a notice of assessment”

Motion No. 56 — November 16, 2006 — — That Bill C-24, in Clause 86, be amended by replacing line 6 on page 68 with the following:

“described in subsection (1) until the end of 150”

Motion No. 57 — November 16, 2006 — — That Bill C-24, in Clause 87, be amended by replacing lines 3 and 4 on page 70 with the following:

“section, the Minister may apply to a judge for further direction.”

Motion No. 58 — November 16, 2006 — — That Bill C-24, in Clause 87, be amended by replacing line 7 on page 70 with the following:

“person, the person may, on nine clear days notice”

Motion No. 59 — November 16, 2006 — — That Bill C-24, in Clause 87, be amended by replacing line 13 on page 70 with the following:

“(a) within 45 days after the authorization was”

Motion No. 60 — November 16, 2006 — — That Bill C-24, in Clause 88, be amended by replacing, in the French version, line 12 on page 71 with the following:

“(3) Les dépenses et autres frais raisonnables”

Motion No. 61 — November 16, 2006 — — That Bill C-24, in Clause 89, be amended by replacing lines 26 to 28 on page 75 with the following:

“89. (1) If the Minister has knowledge that a person is, or will be within ten working days, liable to make a payment to another person”

Motion No. 62 — November 16, 2006 — — That Bill C-24, in Clause 89, be amended by replacing lines 26 and 27 on page 75 with the following:

“89. (1) If the Minister has knowledge that a person is, or will be within one”

Motion No. 63 — November 16, 2006 — — That Bill C-24, in Clause 89, be amended by replacing lines 39 and 40 on page 75 with the following:

“section (1), if the Minister has knowledge that within 90 days”

Motion No. 64 — November 16, 2006 — — That Bill C-24, in Clause 89, be amended by replacing line 7 on page 76 with the following:

“Minister knows”

Motion No. 65 — November 16, 2006 — — That Bill C-24, in Clause 89, be amended by replacing line 19 on page 77 with the following:

“General shall not be made more than three years”

Motion No. 66 — November 16, 2006 — — That Bill C-24, in Clause 93, be amended by replacing line 23 on page 78 with the following:

“writing give 90 days notice to the person,”

Motion No. 67 — November 16, 2006 — — That Bill C-24, in Clause 93, be amended by replacing lines 32 to 35 on page 78 with the following:

“subsection (1) shall be kept for 90 days. If the owner does not pay the amount due together with all expenses within the 90 days, the Minister may”

Motion No. 68 — November 16, 2006 — — That Bill C-24, in Clause 94, be amended by replacing line 1 on page 79 with the following:

“94. (1) If the Minister has proof that a person”

Motion No. 69 — November 16, 2006 — — That Bill C-24, in Clause 95, be amended by replacing line 14 on page 80 with the following:

“not be made more than one year after the”

Motion No. 70 — November 16, 2006 — — That Bill C-24, in Clause 96, be amended by adding after line 37 on page 82 the following:

“(5.1) This section does not apply to transfers of property that are made by a person

(a) in payment of an obligation to provide spousal or child support pursuant to a written agreement or a court order; or

(b) to fund the education of a child of the person.”

Motion No. 71 — November 16, 2006 — — That Bill C-24, in Clause 96, be amended by adding after line 39 on page 82 the following:

“(7) This section does not apply to any transfer of property that takes place as a result of the death of the transferor.”

Motion No. 72 — November 16, 2006 — — That Bill C-24, in Clause 98, be amended by replacing line 18 on page 85 with the following:

“been called into question in writing within a reasonable time by the Minister or a”

Motion No. 73 — November 16, 2006 — — That Bill C-24, in Clause 99, be amended by replacing line 27 on page 86 with the following:

“99. (1) After consulting fully with all provincial and territorial governments, the Minister shall distribute, among”

Motion No. 74 — November 16, 2006 — — That Bill C-24, in Clause 99, be amended by replacing lines 31 to 41 on page 86 with the following:

“imposed on those products under section 10.”

Motion No. 75 — November 16, 2006 — — That Bill C-24, in Clause 99, be amended by replacing line 31 on page 86 with the following:

“imposed on those products under section 10 or 14,”

Motion No. 76 — November 16, 2006 — — That Bill C-24, in Clause 99, be amended by replacing line 32 on page 86 with the following:

“less any refunds and less the following costs — not to exceed 5% of the revenue —”

Motion No. 77 — November 16, 2006 — — That Bill C-24, in Clause 100, be amended by replacing line 3 on page 87 with the following:

(a) specifying any requirements or conditions that, in the opinion of the Government of Canada, should be met in order for a person to be certified as an independent remanufacturer;”

Motion No. 78 — November 16, 2006 — — That Bill C-24, in Clause 100, be amended by adding after line 6 on page 87 the following:

“(b.1) respecting the calculation, application and interpretation of the FOB value and export price referred to in section 12;”

Motion No. 79 — November 16, 2006 — — That Bill C-24, in Clause 100, be amended by deleting lines 11 to 16 on page 87.

Motion No. 80 — November 16, 2006 — — That Bill C-24, in Clause 100, be amended by replacing line 13 on page 87 with the following:

“tional Trade and after consulting with provincial and territorial governments, make regulations establishing”

Motion No. 81 — November 16, 2006 — — That Bill C-24, in Clause 106, be amended by replacing line 32 on page 89 with the following:

“be filed on June 30, 2007.”

Motion No. 82 — November 16, 2006 — — That Bill C-24, in Clause 107, be amended by replacing line 34 on page 89 with the following:

“ulation made under subsection”

Motion No. 83 — November 16, 2006 — — That Bill C-24, in Clause 107, be amended by replacing lines 37 and 38 on page 89 with the following:

“which it is made but no earlier than November 1, 2006.”

Motion No. 84 — November 16, 2006 — — That Bill C-24, in Clause 108, be amended by replacing line 5 on page 90 with the following:

“earlier than November 1, 2006.”

Motion No. 85 — November 16, 2006 — — That Bill C-24, in Clause 111, be amended by replacing line 18 on page 91 with the following:

“agreement, the Minister may, after consulting the provincial and territorial governments and the lumber industry, determine the”

Motion No. 86 — November 16, 2006 — — That Bill C-24, in Clause 111, be amended by replacing line 25 on page 91 with the following:

“may, after consulting the provincial and territorial governments and the lumber industry”

Motion No. 87 — November 16, 2006 — — That Bill C-24, in Clause 111, be amended by adding after line 37 on page 91 the following:

“(5) The Minister shall make determinations under subsection (2) and allocations under subsection (3) in accordance with guidelines developed in cooperation with the provincial and territorial governments that ensure that those determinations and allocations are done in a fair and transparent manner and that any undue hardship to a person that results from an allocation is addressed by the Minister.”

Motion No. 88 — November 16, 2006 — — That Bill C-24, in Clause 113, be amended by replacing line 35 on page 92 with the following:

“ter may, after consulting the provincial and territorial governments and giving 180 days' written notice, amend, suspend, cancel or reinstate any”

Motion No. 89 — November 16, 2006 — — That Bill C-24, in Clause 114, be amended by replacing lines 21 to 23 on page 93 with the following:

“(3) An inspector may not enter a place referred to in paragraph (2)(a) without the consent of”

Motion No. 90 — November 16, 2006 — — That Bill C-24, in Clause 114, be amended

(a) by replacing line 27 on page 93 with the following:

“an inspector to enter a place subject to”

(b) by replacing line 32 on page 93 with the following:

“that the place is a place referred to”

“(b) entry into the place is neces- ”

(d) by replacing, in the English version, line 37 on page 93 with the following:

“(c) entry into the place has been, or”

Motion No. 91 — November 16, 2006 — — That Bill C-24, in Clause 114, be amended

(a) by replacing line 41 on page 93 with the following:

“a place is necessary for any purpose”

(b) by replacing lines 3 and 4 on page 94 with the following:

“place,

(a) order the occupant of the place”

“in the place; and”

Motion No. 92 — November 16, 2006 — — That Bill C-24, in Clause 114, be amended by replacing line 21 on page 94 with the following:

“(2) The Minister shall specify in writing the”

Motion No. 93 — November 16, 2006 — — That Bill C-24, in Clause 120, be amended by replacing lines 13 and 14 on page 97 with the following:

“(a) that the Governor in Council and Parliament authorize the Minister, the Agency, the”

Motion No. 94 — November 16, 2006 — — That Bill C-24, in Clause 126, be amended by replacing line 4 on page 100 with the following:

“have come into force on November 1, 2006.”

Motion No. 95 — November 16, 2006 — — That Bill C-24 be amended, in the schedule, by replacing item 7 with the following:

“7. J.D. Irving Ltd. (Pohénégamook)”