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


JOURNALS

No. 248

Thursday, October 26, 1995

10:00 a.m.



PRAYERS

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Milliken (Parliamentary 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:

(1) No. 351-3668 concerning crimes of violence. -- Sessional Paper No. 8545-351-13G:

(2) Nos. 351-3760 and 351-3808 concerning the income tax system.

-- Sessional Paper No. 8545-351-240;

(3) Nos. 351-3838 to 351-3848 concerning the parole system. -- Sessional Paper No. 8545-351-10EE.

Presenting Reports from Committees

Mr. Caccia (Davenport), from the Standing Committee on Environment and Sustainable Development, presented the 6th Report of the Committee (Bill C-94, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances, without amendment). -- Sessional Paper No. 8510-351-156.

A copy of the relevant Minutes of Proceedings (Issue No. 83, which includes this Reportro) was tabled.

Mr. Walker (Parliamentary Secretary to the Minister of Finance), from the Standing Committee on Finance, presented the 20th Report of the Committee (Bill C-103, An Act to amend the Excise Tax Act and the Income Tax Act, with an amendment). -- Sessional Paper No. 8510-351-157.

A copy of the relevant Minutes of Proceedings (Issue No. 111, which includes this Report) was tabled.

Presenting Petitions

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

-- by Mr. Gilmour (Comox -- Albemi), one concerning sexual assault (No. 351-4003);

-- by Mr. Proud (Hillsborough), one concerning national parks (No. 351-4004);

-- by Mr. Szabo (Mississauga South), one concerning the income tax system (No. 351-4005);

-- by Mr. Bachand (Saint-Jean), one concerning the Department of Human Resources Development (No. 351-4006);

-- by Ms. Catterall (Ottawa West), two concerning the Canadian flag (Nos. 351-4007 and 351-4008);

-- by Mr. Kilger (Stormont -- Dundas), two concerning national unity (Nos. 351-4009 and 351-4010);

-- by Mr. Richardson (Perth -- Wellington -- Waterloo), two concerning VIA Rail (Nos. 351-4011 and 351-4012).

GOVERNMENT ORDERS

The Order was read for the consideration at report stage of 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 Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act, as reported by the Standing Committee on Agriculture and Agri Food with amendments.

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, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17.

Group No. 3 -- Motions Nos. 3, 4, 5, 18 and 19.

Group No. 4 -- Motions Nos. 20 and 23.

Group No. 5 -- Motions Nos. 21 and 22.

Group No. 1

Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 1, -- That Bill C-61, in Clause 4, be amended by adding after line 23, on page 2, the following:

    ``(b) prescribing criteria for determining whether an act or omission shall be proceeded with as a violation or as an offence;''.

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. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 2, -- That Bill C-61, in Clause 4, be amended by replacing lines 32 to 34, on page 2, with the following:

    ``reduced;''.

Mr. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 6, -- That Bill C-61, in Clause 8, be amended by replacing line 7, on page 5, with the following:

    ``the Tribunal.''

Mr. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 7, -- That Bill C-61, in Clause 9, be amended by replacing lines 15 to 19, on page 5, with the following:

    ``penalty, the person named in the notice may pay the amount of the penalty in the prescribed time and manner.
      (1.1) Where a person pays the amount referred to in subsection (1),''.

Mr. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 8, -- That Bill C-61, in Clause 9, be amended by replacing lines 32 to 40, on page 5, with the following:

    ``in the prescribed time and manner, request a review by the Tribunal of the''.

Mr. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 9, -- That Bill C-61 be amended by deleting Clause 10.

Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mrs. Jennings (Mission -- Coquitlam), moved Motion No. 10, -- That Bill C-61, in Clause 10, be amended by replacing line 17, on page 6, with the following:

    ``reasonable security, in a form and in an amount''.

Mr. Hermanson (Kindersley-Lloydminster), seconded by Mrs. Jennings (Mission-Coquitlam), moved Motion No. 11, -- That Bill C-61, in Clause 10, be amended by adding after line 11, on page 7, the following:

      ``(4.1) Where security has been given under paragraph (1)(a), the notice shall also state that the security shall not be forfeited to Her Majesty in right of Canada unless the amount of the security is less than twice the amount of the penalty set out in the notice of violation.''

Mr. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 12, -- That Bill C-61 be amended by deleting Clause 11.

Mr. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 13, -- That Bill C-61 be amended by deleting Clause 12.

Mr. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 14, -- That Bill C-61 be amended by deleting Clause 13.

Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mrs. Jennings (Mission -- Coquitlam), moved Motion No. 15, -- That Bill C-61, in Clause 14, be amended by replacing lines 3 and 4, on page 9, with the following:

      ``14. (1) No later than six months after the Tribunal receives a request for a review under this Act, it shall, by order, as''.

Mr. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 16, -- That Bill C-61, in Clause 14, be amended by replacing lines 4 to 16, on page 9, with the following:

    ``under this Act, the Tribunal shall, by order, as the case may be, determine whether or not the person requesting the review committed a violation and, where the Tribunal decides that the person committed a violation but considers that the amount of the penalty for the violation, if any, was not established in accordance with the regulations, the Tribunal shall correct the amount of the penalty, and the Tribunal shall cause a notice of any or-''.

Mr. Landry (Lotbinière), seconded by Mr. Leroux (Shefford), moved Motion No. 17, -- That Bill C-61, in Clause 15, be amended by deleting lines 38 to 42, on page 9, and lines 1 to 7, on page 10.

Debate arose on the motions in Group No. 2.

The question was put on Motion No. 2 and it was negatived on division.

Accordingly, Motions Nos. 6, 7, 8, 9, 12, 13, 14, 16 and 17 were also negatived on division.

The question was put on Motion No. 10 and it was agreed to on division.

The question was put on Motion No. 11 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 15 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 3

Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mr. Thompson (Wild Rose), moved Motion No. 3, -- That Bill C-61, in Clause 4, be amended by replacing lines 14 and 15, on page 3, with the following:

    ``committed to obtain a financial benefit, $1,000 for a first violation and $2,000 for any subsequent violation; and
      (b) in any other case
        (i) $1,000 for a first minor violation, $5,000 for a first serious violation and $10,000 for a first very serious violation, or
        (ii) $2,000 for a subsequent minor violation, $10,000 for a subsequent serious violation and $15,000 for a subsequent very serious violation.''

Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mr. Thompson (Wild Rose), moved Motion No. 4, -- That Bill C-61, in Clause 7, be amended by replacing line 25, on page 4, with the following:

    ``violation and the designated person serving the notice of violation and''.

Mr. Hetmanson (Kindersley -- Lloydminster), seconded by Mr. Thompson (Wild Rose), moved Motion No. 5, -- That Bill C-61, in Clause 7, be amended by replacing line 33, on page 4, with the following:

    ``paying, which shall not be less than forty-five days, and the manner of paying the''.

Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mr. Thompson gild Rose), moved Motion No. 18, -- That Bill C-61, in Clause 15, be amended by replacing line 13, on page 10, with the following:

    ``(f) the amount of any reasonable expenses incurred''.

Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mr. Thompson (Wild Rose), moved Motion No. 19, -- That Bill C-61, in Clause 18, be amended by replacing lines 1 to 14, on page 11, with the following:

      ``18. A person named in a notice of violation has a defence by reason that the person

(a) exercised due diligence to prevent the violation; or

(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.''

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

The question was put on Motion No. 5 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 18 and it was agreed to on division.

The question was put on Motion No. 19 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 4

Mr. Hermanson (Kindersley -- Lloydminster), seconded by Mr. Breitkreuz (Yorkton-Melville), moved Motion No. 20, -- That Bill C-16, in Clause 19, be amended by striking out line 16, on page 11, and substituting the following:

    ``violation are reviewed by the Minister or by the Tribunal, the Minister must''.

Mr. Hermanson (Kindersley-Lloydminster), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 23, -- That Bill C-61, in Clause 29, be amended by adding after line 37, on page 14, the following:

      ``(3) For greater certainty, no lobbyist or party to a contract with the public service of Canada shall be appointed as a member of the Board or the Tribunal.''

Debate arose on the motions in Group No. 4

The question was put on Motion No. 20 and it was agreed to on division.

The question was put on Motion No. 23 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 5

Mr. Landry (Lotbinière), seconded by Mr. Bellehumeur (Berthier -- Montcalm), moved Motion No. 21, -- That Bill C-61, in Clause 29, be amended by replacing line 5, on page 14, with the following:

    ``nor in Council with the approval of the committee of the House of Commons that normally considers agricultural matters, one of whom shall be ap-''.

Mr. Landry (Lotbinière), seconded by Mr. Bellehumeur (Berthier -- Montcalm), moved Motion No. 22, -- That Bill C-61 in Clause 29 be amended by adding after line 6, on page 14, the following:

      ``(1.1) No person may be appointed to the Tribunal by the Governor in Council without the prior approval of the committee of the House of Commons that normally considers matters relating to agriculture.''

Debate arose on the motions in Group No. 5.

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.

GOVERNMENT ORDERS

The House resumed consideration at report stage of 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 Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act, as reported by the Standing Committee on Agriculture and Agri-Food with amendments;

And of the motions in Group No. 5 (Motions Nos. 21 and 22).

The debate continued on the motions in Group No. 5.

The question was put on Motion No. 21 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 22 and, pursuant to Standing Order 76.1(8). the recorded division was deferred.

Pursuant to Standing Order 76.1(8), the House proceeded to the taking of the deferred recorded divisions at report stage of 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 Fertilizers Act, the Health of Animals Act, the Meat Inspection Act, the Pest Control Products Act, the Plant Protection Act and the Seeds Act, as reported by the Standing Committee on Agriculture and Agri-Food with amendments.

By unanimous consent, the recorded divisions were further deferred until Tuesday, October 31, 1995, at 5:00 p.m.


The House resumed consideration of the motion of Mr. Manley (Minister of Industry), seconded by Mr. Irwin (Minister of Indian Affairs and Northern Development), -- That Bill C-99, An Act to amend the Small Business Loans Act, be now read a second time and referred to the Standing Committee on Industry.

The debate continued.

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 second reading and reference to the Standing Committee on Industry of Bill C-315, An Act to complement the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves obtained by certain corporations.

Mr. Mayfield (Cariboo -- Chilcotin), seconded by Mr. Gilmour (Comox -- Albemi), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Industry.

Debate arose thereon.

Pursuant to Standing Order 93, 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), papers deposited with the Clerk of the House were laid upon the Table as follows:

-- by Mr. Axworthy (Minister of Human Resources Development) -- Copy of Order in Council P.C. 1995-1727, dated October 17, 1995, concerning the Agreement on Social Security between Canada and the Italian Republic, pursuant to subsection 42(1) of the Old Age Security Act, Chapter O-9, Revised Statutes of Canada, 1985. -- Sessional Paper No. 8564-351-212E. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Human Resources Development)

-- by Mr. Martin (Minister of Finance) -- Report of the Canadian International Trade Tribunal entitled ``Request for Tariff Relief by Healtex Manufacturing Inc. Regarding Mertex Plus Fabric''. dated October 2, 1995, pursuant to subsection 21 of the Canadian International Trade Tribunal Act. Chapter 47 (4th Supp.), Statutes of Canada, 1988. -- Sessional Paper No. 8560-351-572K. (Pursuant to Sanding Order 32(5), permanently referred to the Standing Committee on Finance)

-- by Mr. Martin (Minister of Finance) -- Report of the Canadian International Trade Tribunal entitled ``Request for Tariff Relief by Landes Canada Inc. Regarding Bonded Fibre Fabrics'', dated October 4, 1995, pursuant to subsection 21 of the Canadian International Trade Tribunal Act, Chapter 47 (4th Supp.), Statutes of Canada, 1988.

-- Sessional Paper No. 8560-351-572L. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Finance)

ADJOURNMENT

At 6:35 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).