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MINUTES OF PROCEEDINGS

Meeting No. 18

Wednesday, May 26, 2010

The Standing Committee on Transport, Infrastructure and Communities met at 6:32 p.m. this day, in Room 371, West Block, the Chair, Merv Tweed, presiding.

Members of the Committee present: Lois Brown, Brian Jean, Mario Laframboise, Colin Mayes, Blake Richards, Merv Tweed, Hon. Joseph Volpe and Jeff Watson.

Acting Members present: Don Davies for Dennis Bevington, Andrew Kania for Bonnie Crombie, Marc Lemay for Roger Gaudet and Joyce Murray for Sukh Dhaliwal.

In attendance: Library of Parliament: John Christopher, Analyst . House of Commons: Wayne Cole, Legislative Clerk ; Lucie Tardif-Carpentier, Legislative Clerk.

Pursuant to the Order of Reference of Wednesday, March 3, 2010, the Committee resumed consideration of Bill C-442, An Act to establish a National Holocaust Monument.

The Committee commenced its clause-by-clause study of the Bill.

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

The Chair called Clause 2.

By unanimous consent, Clause 2 was allowed to stand.

Clause 3 carried.

On Clause 4,

Brian Jean moved, — That Bill C-442, in Clause 4, be amended by replacing lines 21 to 25 on page 2 with the following:

“4. (1) Within one year after the day on which this Act comes into force, the Minister shall

(a) hold an open application process that allows members of the public to apply to the Minister to become members of the Council;

(b) select from among the applicants at least three and at most five individuals to be members of the Council; and

(c) ensure that at least three of the individuals selected are eligible to incorporate the Council in accordance with section 5.

(2) Only individuals who possess a strong interest in, connection to, or familiarity with the Holocaust are eligible to be selected.”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Whereupon, Brian Jean appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Don Davies, Andrew Kania, Mario Laframboise, Marc Lemay, Joyce Murray, Joseph Volpe — 6; NAYS: Lois Brown, Brian Jean, Colin Mayes, Blake Richards, Jeff Watson — 5.

The Chair ruled that the following amendment was consequential to a previous amendment and therefore it was also inadmissible:

That Bill C-442, in Clause 5, be amended by replacing line 26 on page 2 to line 2 on page 3 with the following:

“5. (1) As soon as possible after they are selected, the individuals referred to in paragraph 4(1)(c) shall apply in accordance with section 155 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, for letters patent incorporating the Council under subsection 154(1) of that Act.

(2) Subject to paragraph 9(1)(b) of that Act, the proposed name of the corporation in the application is to be the National Holocaust Monument Development Council.

(3) The applicants are to be listed in the application as the first directors of the Council.

(4) The Council is not an agent of Her Majesty in right of Canada.

(5) The applicants are not entitled to be paid any remuneration for incorporating the Council.

(6) The directors of the Council are not entitled to be paid any remuneration for acting as directors.

(7) The members of the Council are not entitled to be paid any remuneration for acting as members.”

Clause 4 carried by a show of hands: YEAS: 6; NAYS: 5.

Clause 5 carried by a show of hands: YEAS: 6; NAYS: 4.

On Clause 6,

Brian Jean moved, — That Bill C-442, in Clause 6, be amended by replacing lines 3 to 7 on page 3 with the following:

“6. The Council shall oversee, in consultation with the National Capital Commission, the planning and design of the Monument and shall make the required arrangements for the Monument’s planning, design, construction and installation.”

Debate arose thereon.

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Whereupon, Brian Jean appealed the decision of the Chair.

Joseph Volpe moved, — That Bill C-442, in Clause 6, be amended by replacing lines 4 to 7 on page 3 with the following:

“Council, shall

(a) oversee the planning and design of the Monument;

(b) choose a suitable area of public land in the National Capital Region for the Monument to be located; and

(c) hold public consultations and take into account the recommendations of the public when making any decision under paragraph (a) or (b).”

Debate arose thereon.

The Chair ruled the amendment admissible.

Whereupon, Brian Jean appealed the decision of the Chair.

The question was put on the amendment of Joseph Volpe and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Clause 6, as amended, carried by a show of hands: YEAS: 6; NAYS: 5.

On Clause 7,

Brian Jean moved, — That Bill C-442, in Clause 7, be amended by replacing lines 8 to 13 on page 3 with the following:

“7. (1) The National Capital Commission is responsible for identifying a site that is accessible to the public at all times where the Monument will be located.

(2) The site identified by the National Capital Commission shall be public lands, as defined in section 2 of the National Capital Act, within the National Capital Region, as defined in that section.”

Debate arose thereon.

The Chair ruled the amendment admissible.

Whereupon, Marc Lemay appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division: YEAS: Lois Brown, Brian Jean, Colin Mayes, Blake Richards, Jeff Watson — 5; NAYS: Don Davies, Andrew Kania, Mario Laframboise, Marc Lemay, Joyce Murray, Joseph Volpe — 6.

Accordingly, the amendment was not proceeded with.

Joseph Volpe moved, — That Bill C-442, in Clause 7, be amended by replacing lines 8 to 10 on page 3 with the following:

“7. The Minister shall be responsible for the construction and maintenance of the Monument.”

Debate arose thereon.

The question was put on the amendment of Joseph Volpe and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

At 7:34 p.m., the Committee adjourned to the call of the Chair.

Bonnie Charron
Clerk of the Committee

2010/05/31 4:09 p.m.