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HOUSE OF COMMONS OF CANADA
35TH PARLIAMENT, 1st SESSION


JOURNALS

No. 137

Monday, December 5, 1994

11:00 a.m.



PRAYERS

PRIVATE MEMBERS' BUSINESS

At 11:06 a.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The House resumed consideration of the motion, as amended, of Mr. Manning (Calgary Southwest), seconded by Mr. Speaker (Lethbridge), -- That, in the opinion of this House, the government should consider the advisability of amending the Canada Student Financial Assistance Act to include an income contingent loan repayment system in order to:

    (a) reduce the cost to tax payers of financing post-secondary education by reducing the number and dollar amounts of loans defaulted upon, by charging accumulated interest, rather than simple interest on defaulted loans, and by reducing the number and dollar amounts of collection fees for defaulted loans;
    (b) allow post-secondary students greater flexibility and fairness in financing their education through extended loan repayment periods based on a fixed percentage of individual income;
    (c) ensure that post-secondary institutions in Canada receive the funding necessary to maintain the high quality of services they presently provide. (Private Members' Business M-291)

The debate continued.

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.

GOVERNMENT ORDERS

The Order was read for the consideration at report stage of Bill C-51, An Act to amend the Canada Grain Act and respecting certain regulations made pursuant to that Act, as reported by the Standing Committee on Agriculture and Agri-Food without amendment.

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

    Group No. 1 -- Motion No. 1
    Group No. 2 -- Motions Nos. 2, 4 and 5
    Group No. 3 -- Motions Nos. 3, 7 and 8
    Group No. 4 -- Motion No. 6

Group No. 1

Mr. Chrétien (Frontenac), seconded by Mr. Lefebvre (Champlain), moved Motion No. 1, -- That Bill C-51, in Clause 2, be amended by replacing lines 42 to 45, on page 2, with the following:

      ``4.(1) The Governor in Council, on the recommendation of the committee of the House of Commons that normally considers agricultural matters, shall designate one of the commissioners to be chief commissioner and another commissioner to be assistant chief commissioner.''

Debate arose on the motion 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.

Group No. 2

Mr. Althouse (Mackenzie), seconded by Mr. Taylor (The Battlefords -- Meadow Lake), moved Motion No. 2, -- That Bill C-51, in Clause 12, be amended by replacing lines 37 and 38, on page 6, with the following:

    ``et or receipt relates within one hundred and eighty days after the day on which''.

Mr. Althouse (Mackenzie), seconded by Mr. Taylor (The Battlefords -- Meadow Lake), moved Motion No. 4, -- That Bill C-51, in Clause 19, be amended by replacing line 9, on page 11, with the following:

    ``grain in a licensed primary elevator, licensed terminal elevator or li''.

Mr. Althouse (Mackenzie), seconded by Mr. Taylor (The Battlefords -- Meadow Lake), moved Motion No. 5, -- That Bill C-51, in Clause 22, be amended by replacing lines 33 to 40, on page 11, with the following:

      ``81. (1) With respect to the purchase of western grain from the producer of that grain, every licensed grain dealer shall, at the prescribed time and in the prescribed manner,
      (a) issue a grain receipt, elevator receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer, or
      (b) where no Canada Grade name is applicable to the grain, issue a grain receipt, elevator receipt or cash purchase ticket stating the type of grain by name, value of the grain and dockage of the grain, and immediately provide it to the producer.''

Debate arose on the motions in Group No. 2.

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. 4 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

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

Group No. 3

Mr. Benoit (Vegreville), seconded by Mr. Hermanson (Kindersley -- Lloydminster), moved Motion No. 3, -- That Bill C-51, in Clause 13, be amended by adding after line 15, on page 8, the following:

      ``49.2 (1) A person who proposes to operate a primary or process elevator or carry on business as a grain dealer without being licensed under this Act may apply to the Commission to be exempted by order under paragraph 117(b) from the requirement to be licensed.
      (2) Unless the Commission has reason to believe that the elevator is not suited to handling grain or that the person is not a suitable person to carry on business as a grain dealer, the Commission shall make an order under paragraph 117(b) exempting the person from the requirement to be licensed.
      (3) A person who is exempted from being licensed under subsection (2) shall display prominently a statement in the prescribed form that the person is not licensed under the Canada Grain Act to operate an elevator or carry on business as a grain dealer
      (a) at every place of business operated by that person at which a contract for the delivery of grain may be executed;
      (b) at every place where grain may be delivered to the person as an elevator operator or grain dealer; and
      (c) on every document that is, relates to or solicits a contract to deliver or handle grain.
      (4) Section 83 does not apply to a person who is exempted from being licensed under subsection (2).''

Mr. Benoit (Vegreville), seconded by Mr. Hermanson (Kindersley -- Lloydminster), moved Motion No. 7, -- That Bill C-51, in Clause 33, be amended by deleting lines 9 to 15, on page 15.

Mr. Benoit (Vegreville), seconded by Mr. Hermanson (Kindersley -- Lloydminster), moved Motion No. 8, -- That Bill C-51 be amended by deleting Clause 34.

Debate arose on the motions in Group No. 3.

The question was put on Motion No. 3 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 7 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motion No. 8, was deferred.

Group No. 4

Mr. Althouse (Mackenzie), seconded by Mr. Taylor (The Battlefords -- Meadow Lake), moved Motion No. 6, -- That Bill C-51, in Clause 25, be amended:

    (a) by replacing line 16, on page 12, with the following:
      ``84. (1) Except with the written permission of''; and
    (b) by adding after line 24, on page 12, the following:
      ``(2) Except with the written permission of the Commission or in accordance with prescribed terms and conditions, no public carrier shall transport grain unless it has first been weighed, the dockage established and the quality designated.''

Debate arose on the motion in Group No. 4.

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

The House proceeded to the taking of the deferred recorded divisions at report stage of Bill C-51, An Act to amend the Canada Grain Act and respecting certain regulations made pursuant to that Act, as reported by the Standing Committee on Agriculture and Agri-Food without amendment.

Pursuant to Standing Order 45(5)(a), the recorded divisions were further deferred until Tuesday, December 6, 1994, at 5:30 p.m.

INTERRUPTION

At 1:35 p.m., by unanimous consent, the sitting was suspended.

At 2:00 p.m., the sitting resumed.

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

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. 351-0813 to 351-0815, 351-0849, 351- 0856, 351-0857, 351-0859, 351-0860, 351-0981, 351-0990 to 351-0992, 351-1013, 351-1014, 351-1033, 351-1034, 351-1061, 351-1100, 351-1199, 351-1296, 351-1305, 351-1307, 351-1308, 351-1352, 351-1366, 351-1392 and 351-1404 concerning gun control. -- Sessional Paper No. 8545-351-16F.


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. 351-1349, 351-1351 and 351-1399 concerning the Divorce Act. -- Sessional Paper No. 8545-351-5J. M. Milliken (secrétaire parlementaire du leader du gouvernement à la Chambre des communes), au nom de M. Rock (ministre de la Justice et procureur général du Canada), dépose sur le Bureau, -- Réponses du gouvernement, conformément à l'article 36(8) du Règlement, aux pétitions nos 351-1349, 351-1351 et 351-1399 au sujet de la Loi sur le divorce. -- Document parlementaire no 8545-351-5J.


Mr. Manley (Minister of Industry) laid upon the Table, -- Document entitled ``Agenda: Jobs and Growth -- Building a More Innovative Economy''. -- Sessional Paper No. 8525-351-20.

Statements by Ministers

Pursuant to Standing Order 33(1), Mr. Manley (Minister of Industry) made a statement.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Irwin (Minister of Indian Affairs and Northern Development), seconded by Ms. Marleau (Minister of Health), Bill C-60, An Act respecting an agreement between Her Majesty in right of Canada and the Pictou Landing Indian Band, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.


Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Robichaud (Secretary of State (Agriculture and Agri-Food, Fisheries and Oceans)) for Mr. Goodale (Minister of Agriculture and Agri-Food), seconded by Ms. Marleau (Minister of Health), Bill C-61, An Act to establish a system of administrative monetary penalties for the enforcement of the Canada Agricultural Products Act, the Feeds Act, the Fertilisers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act, 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 establish a system of administrative monetary penalties for the enforcement of the Canada Agricultural Products Act, the Feeds Act, the Fertilisers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act''.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Hill (Prince George -- Peace River), seconded by Mr. White (Fraser Valley West), Bill C-293, An Act to amend the Criminal Code (use of a firearm in the commission of or attempt at an offence), 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. Williams (St. Albert), one concerning abortion (No. 351-1488);

-- by Mrs. Ur (Lambton -- Middlesex), two concerning VIA Rail (Nos. 351-1489 and 351-1490) and one concerning the Canadian Human Rights Act (No. 351-1491);

-- by Mr. Chrétien (Frontenac), two concerning voice mail (Nos. 351-1492 and 351-1493);

-- by Mr. Collins (Souris -- Moose Mountain), one concerning gun control (No. 351-1494), one concerning euthanasia (No. 351-1495), one concerning the Canadian Wheat Board (No. 351-1496) and one concerning the Canadian Human Rights Act (No. 351-1497);

-- by Mr. Hanger (Calgary Northeast), one concerning the Canadian Human Rights Act (No. 351-1498), two concerning euthanasia (Nos. 351-1499 and 351-1500), one concerning abortion (No. 351-1501) and one concerning immigration (No. 351-1502);

-- by Mr. Frazer (Saanich -- Gulf Islands), one concerning the automation of lighthouses (No. 351-1503);

-- by Mr. White (Fraser Valley West), one concerning euthanasia (No. 351-1504) and one concerning Japanese Canadians (No. 351-1505);

-- by Mr. Gilmour (Comox -- Alberni), one concerning sexual assault (No. 351-1506);

-- by Mr. Adams (Peterborough), one concerning gun control (No. 351-1507);

-- by Mr. Finlay (Oxford), one concerning the Canadian Human Rights Act (No. 351-1508) and one concerning the Criminal Code (common bawdy-house) (No. 351-1509);

-- by Mr. Calder (Wellington -- Grey -- Dufferin -- Simcoe), two concerning abortion (Nos. 351-1510 and 351-1511), one concerning the Canadian Human Rights Act (No. 351-1512), one concerning the prayer in the House of Commons (No. 351-1513) and two concerning euthanasia (Nos. 351-1514 and 351-1515).

GOVERNMENT ORDERS

The Order was read for the consideration at report stage of Bill C-56, An Act to amend the Canadian Environmental Assessment Act, as reported by the Standing Committee on Environment and Sustainable Development 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 and 3
    Group No. 2 -- Motion No. 4

Group No. 1

Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr. Althouse (Mackenzie), moved Motion No. 1, -- That Bill C-56, in Clause 1, be amended by adding after line 11, on page 1, the following:

    ``(b.2) to ensure that projects likely to cause significant adverse environmental effects or public concern are publicly reviewed through a process of independent decision making.''

Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr. Althouse (Mackenzie), moved Motion No. 2, -- That Bill C-56, in Clause 3, be amended by replacing lines 18 to 33, on page 2, with the following:

      ``(1.1) Where a report is submitted by a mediator or review panel, the responsible authority shall take a course of action consistent with the findings and recommendations in the report.
      (1.2) Within 30 days of the public release of a report mentioned in subsection (1.1), the Governor in Council may, for the purpose of dealing with any or all of the findings or recommendations set out in the report
      (a) require the mediator or review panel to clarify any of the findings or recommendations set out in the report; and
      (b) substitute its own findings and recommendations for those of the report where it concludes that the findings or recommendations of the report are not in the public interest.
      (1.3) Following a decision by the Governor in Council under subsection (1.2), the responsible authority shall take a course of action under subsection (1) that is consistent with the decision of the Governor in Council.''

Mr. Gilmour (Comox -- Alberni), seconded by Mr. White (Fraser Valley West), moved Motion No. 3, -- That Bill C-56, in Clause 3, be amended:

    (a) by replacing line 22, on page 2, with the following:
      ``approval of the Governor in Council given by order in council, re-''; and
    (b) by adding after line 33, on page 2, the following:
      ``(1.2) The order in council made under paragraph (1.1)(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.''

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 it was negatived on division.

The question was put on Motion No. 3 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 2

Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr. Althouse (Mackenzie), moved Motion No. 4, -- That Bill C-56 be amended by adding after new subclause 5(2) the following new Clause:

      ``5.1 The Act is amended by adding the following after section 59:
      ``59.1 (1) Every regulation that is proposed to be made under section 59 shall be laid before each House of Parliament at least twenty sitting days before the proposed effective date thereof.
      (2) Where, within fifteen sitting days after a proposed regulation is laid before either House of Parliament under subsection (1), a motion for the consideration of that House to the effect that the proposed regulation not be approved, signed by no fewer than fifteen Senators or twenty Members of the House of Commons, as the case may be, is filed with the Speaker of the Senate or the House of Commons, as the case may be, the Speaker shall, within five sitting days of the filing of the motion, without debate or amendment put every question necessary for the disposition of the motion.
      (3) Where a motion referred to in subsection (2) is adopted by both Houses of Parliament, the proposed regulations to which the motion relates may not be made, and the proposed regulation shall be referred to the committee of the House of Commons that normally considers environmental affairs for further consideration.
      (4) Where Parliament dissolves or prorogues earlier than fifteen sitting days after a proposed regulation is laid before both Houses of Parliament under subsection (1) and a motion has not been disposed of under subsection (2) in relation to the proposed regulation in both Houses of Parliament, the proposed regulation may not be made.
      (5) For the purposes of this section, ``sitting day'' means, in respect of either House of Parliament, a day on which the House sits.''.''

Debate arose on the motion in Group No. 2.

Mrs. Guay (Laurentides), seconded by Mr. Sauvageau (Terrebonne), moved the following amendment to Motion No. 4, -- That Motion No. 4 be amended:

    (a) in subclause (1), by replacing the words ``each House of Parliament'' with the following:
      ``the House of Commons'';
    (b) in subclause (2),
      (i) by replacing the words ``either House of Parliament under subsection (1), a motion for the consideration of that House'' with the following:
        ``the House of Commons under subsection (1), a motion for the consideration of the House''; and
      (ii) by striking out the words ``fifteen Senators or'', ``the Senate or'' and ``, as the case may be,'';
    (c) in subclause (3), by replacing the words ``both Houses of Parliament'' with the following:
      ``the House of Commons'';
    (d) in subclause (4), by replacing each instance of the words ``both Houses of Parliament'' with the following:
      ``the House of Commons''; and
    (e) in subclause (5), by replacing the words ``either House of Parliament'' with the following:
      ``the House of Commons''.

The debate continued on the motion in Group No. 2.

The question was put on the amendment to Motion No. 4 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-56, An Act to amend the Canadian Environmental Assessment Act, as reported by the Standing Committee on Environment and Sustainable Development with amendments.

Pursuant to Standing Order 45(5)(a), the recorded divisions were further deferred until Tuesday, December 6, 1994, at 5:30 p.m.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 32(1), the following papers, deposited with the Clerk of the House, were laid upon the Table:

By Mr. MacAulay (Secretary of State (Veterans)) -- Statement on the Operations of the Returned Soldiers' Insurance Act for the fiscal year ended March 31, 1994, pursuant to section 12 of the Act to amend the Returned Soldiers' Insurance Act, Chapter 59, Statutes of Canada, 1951. -- Sessional Paper No. 8560-351-228A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on National Defence and Veterans Affairs)


By Mr. MacAulay (Secretary of State (Veterans)) -- Statement on the Operations of the Veterans Insurance Act for the fiscal year ended March 31, 1994, pursuant to subsection 18(2) of the Veterans Insurance Act, Chapter V-3, Revised Statutes of Canada, 1970. -- Sessional Paper No. 8560-351-254A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on National Defence and Veterans Affairs)


By Mr. Martin (Minister of Finance) -- Communiqués issued by the Interim Committee of the International Monetary Fund, dated April 25 and October 2, 1994, and by the Development Committee of the International Bank for Reconstruction and Development and the International Monetary Fund, dated April 26, 1994, pursuant to section 14 of the Act to amend the Bretton Woods and Related Agreements Act, Chapter 21, Statutes of Canada, 1991. -- Sessional Paper No. 8560-351-464A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Finance)

ADJOURNMENT

At 5:12 p.m., by unanimous consent, the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).