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HOUSE OF COMMONS OF CANADA
36th PARLIAMENT, 1st SESSION


JOURNALS

No. 103

Monday, May 11, 1998

11:00 a.m.



PRAYERS

GOVERNMENT ORDERS

The Order was read for the consideration at report stage of Bill C-26, An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures 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 -- Motions Nos. 1, 5 and 7 to 11.
    Group No. 2 -- Motions Nos. 2 to 4 and 6.

Group No. 1

Mr. Hill (Prince George -- Peace River), seconded by Mr. Hoeppner (Portage -- Lisgar), moved Motion No. 1, -- That Bill C-26, in Clause 7, be amended by replacing line 42 on page 5 with the following:

      "Special Crops Board referred"

Mr. Hill (Prince George -- Peace River), seconded by Mr. Hoeppner (Portage -- Lisgar), moved Motion No. 5, -- That Bill C-26, in Clause 7, be amended by replacing line 24 on page 6 with the following:

      "Crops Board may be entitled"

Mr. Hill (Prince George -- Peace River), seconded by Mr. Hoeppner (Portage -- Lisgar), moved Motion No. 7, -- That Bill C-26, in Clause 7, be amended by replacing line 10 on page 7 with the following:

        "49.02 (1) The Minister shall establish a"

Mr. Hill (Prince George -- Peace River), seconded by Mr. Hoeppner (Portage -- Lisgar), moved Motion No. 8, -- That Bill C-26, in Clause 7, be amended by replacing lines 11 to 13 on page 7 with the following:

      "Board of Directors, referred to as the Special Crops Board, within six months after the coming into force of this section, composed of not more than nine directors appointed by the Minister, chosen from a list provided by officially registered special crops commodity groups, for"

Mr. Hill (Prince George -- Peace River), seconded by Mr. Hoeppner (Portage -- Lisgar), moved Motion No. 9, -- That Bill C-26, in Clause 7, be amended by replacing line 16 on page 7 with the following:

        "(2) The Special Crops Board"

Mr. Hill (Prince George -- Peace River), seconded by Mr. Hoeppner (Portage -- Lisgar), moved Motion No. 10, -- That Bill C-26, in Clause 7, be amended by replacing line 24 on page 7 with the following:

      "Special Crops Board shall be"

Mr. Hill (Prince George -- Peace River), seconded by Mr. Hoeppner (Portage -- Lisgar), moved Motion No. 11, -- That Bill C-26, in Clause 7, be amended, in the English version only, by replacing line 29 on page 7 with the following:

      "the Special Crops Board such"

Debate arose on the motions in Group No. 1 (Motions Nos. 1, 5 and 7 to 11).

The question was put on Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motions Nos. 5 and 8 to 11, was deferred.

The question was put on Motion No. 7 and it was agreed to.

Group No. 2

By unanimous consent, Mr. Keddy (South Shore), seconded by Mr. Price (Compton -- Stanstead), moved Motion No. 2, -- That Bill C-26, in Clause 7, be amended by adding after line 8 on page 6 the following:

        "(2.1) Subject to subsection (2.2), every producer of special crops shall be entitled to participate in an insurance plan established under subsection (2).
        (2.2) The Governor in Council may, by regulation, prescribe the circumstances in which a producer of special crops may not be entitled to participate in an insurance plan established under subsection (2)."

By unanimous consent, Mr. Keddy (South Shore), seconded by Mr. Price (Compton -- Stanstead), moved Motion No. 3, -- That Bill C-26, in Clause 7, be amended by replacing lines 9 to 12 on page 6 with the following:

        "(3) A producer who participates in an insurance plan established under subsection (2) and who delivers or causes to be delivered a special crop to a licensee shall pay to the"

By unanimous consent, Mr. Keddy (South Shore), seconded by Mr. Price (Compton -- Stanstead), moved Motion No. 4, -- That Bill C-26, in Clause 7, be amended by replacing lines 15 and 16 on page 6 with the following:

        "(4) A licensee shall collect the levy referred to in subsection (3) from every producer who is required to pay the levy under that subsection and shall remit it to the agent within"

By unanimous consent, Mr. Keddy (South Shore), seconded by Mr. Price (Compton -- Stanstead), moved Motion No. 6, -- That Bill C-26, in Clause 7, be amended by replacing lines 3 to 5 on page 7 with the following:

        "(8) A producer of special crops who participates in an insurance plan established under subsection (2) may, in the prescribed manner, withdraw from the plan. The agent"

Debate arose on the motions in Group No. 2 (Motions Nos. 2 to 4 and 6).

The question was put on Motion No. 2 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motions Nos. 3, 4 and 6, 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-26, An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, as reported by the Standing Committee on Agriculture and Agri-Food with amendments.

Pursuant to Standing Order 45, the recorded divisions were further deferred until Tuesday, May 12, 1998, at the expiry of the time provided for Government Orders.


The House resumed consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motion in Group No. 3 (Motion No. 7).

Group No. 3

Motion No. 7 of Mr. Mancini (Sydney -- Victoria), seconded by Mr. Proctor (Palliser), -- That Bill C-3, in Clause 11, be amended by replacing line 6 on page 9 with the following:

    "exceeding five years; or"

The debate continued on the motion in Group No. 3.

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. Reed (Parliamentary Secretary to the Minister of International Trade) laid upon the Table, -- Report entitled "Achievements of the International Business Development Program 1997-98". -- Sessional Paper No. 8525-361-11.


Pursuant to Standing Order 32(2), Mr. Pagtakhan (Parliamentary Secretary to the Prime Minister) laid upon the Table, -- Government responses, pursuant to Standing Order 36(8), to the following petitions:

-- No. 361-0677 concerning the employment insurance program. -- Sessional Paper No. 8545-361-61;

-- No. 361-0686 concerning euthanasia. -- Sessional Paper No. 8545-361-20C.

Presenting Petitions

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

-- by Mr. White (Langley -- Abbotsford), one concerning impaired driving (No. 361-0883);

-- by Mr. Steckle (Huron -- Bruce), one concerning the Food and Drugs Act (No. 361-0884).

Questions on Order Paper

Mr. Pagtakhan (Parliamentary Secretary to the Prime Minister) presented the answer to question Q-33 on the Order Paper.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motion in Group No. 3 (Motion No. 7).

The debate continued on the motion in Group No. 3.

NOTICE OF MOTION

Mr. Boudria (Leader of the Government in the House of Commons) gave notice of the intention to move a motion at the next sitting of the House, pursuant to Standing Order 78(3), for the purpose of allotting a specified number of days or hours for the consideration and disposal of the report stage and third reading stage of Bill C-19, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motion in Group No. 3 (Motion No. 7).

The debate continued on the motion in Group No. 3.

The question was put on Motion No. 7 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 4

Mr. Marceau (Charlesbourg), seconded by Mr. Marchand (Québec East), moved Motion No. 8, -- That Bill C-3, in Clause 12, be amended

    (a) by replacing line 11 on page 9 with the following:
        "12. (1) The Governor in Council may make"
    (b) by adding after line 13 on page 9 the following:
        "(2) The Solicitor General of Canada shall have each proposed regulation laid before each House of Parliament.
        (3) Each proposed regulation that is laid before a House of Parliament shall, on the day it is laid, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct enquiries or public hearings with respect to the proposed regulation and report its findings to that House.
        (4) A proposed regulation that has been laid pursuant to subsection (1) may be made
        (a) on the expiration of thirty sitting days after it was laid; or
        (b) where, with respect to each House of Parliament,
          (i) the committee reports to the House, or
          (ii) the committee decides not to conduct enquiries or public hearings.
        (5) For the purposes of this section, "sitting day" means, in respect of either House of Parliament, a day on which that House sits."

Debate arose on the motion in Group No. 4 (Motion No. 8).

QUORUM

The attention of the Speaker was drawn to the lack of a quorum and, fewer than 20 members having been counted, pursuant to Standing Order 29(3), the bells were rung to call in the Members.

After six minutes, a quorum was found.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motion in Group No. 4 (Motion No. 8).

The debate continued on the motion in Group No. 4.

The question was put on Motion No. 8 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 5

Mr. Scott (Solicitor General of Canada), seconded by Mrs. Stewart (Minister of Indian Affairs and Northern Development), moved Motion No. 9, -- That Bill C-3, in Clause 15, be amended, in the French version only,

    (a) by replacing line 2 on page 13 with the following:
      « gereuse causant des lésions cor- »
    (b) by replacing line 5 on page 13 with the following:
      « façon dangereuse causant la »
    (c) by replacing line 10 on page 13 with the following:
      « capacité affaiblie causant des »
    (d) by replacing line 13 on page 13 with the following:
      « avec capacité affaiblie causant la »

Mr. Scott (Solicitor General of Canada), seconded by Mrs. Stewart (Minister of Indian Affairs and Northern Development), moved Motion No. 14, -- That Bill C-3, in Clause 22, be amended, in the French version only, by replacing line 5 on page 25 with the following:

    « électronique, rendus inaccessibles une fois pour toutes dès que »

Debate arose on the motions in Group No. 5 (Motions Nos. 9 and 14).

The question was put on Motions Nos. 9 and 14 and, pursuant to Standing Order 76(8), the recorded divisions were deferred.

Group No. 6

Mr. Ramsay (Crowfoot), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 10, -- That Bill C-3, in Clause 17, be amended by adding after line 39 on page 15 the following:

      "(4) Notwithstanding any other provision in this Act, if a person is charged with a designated offence and at the time of being charged has a previous conviction for a designated offence, a qualified peace officer is authorized to take samples of one or more bodily substances by means of the investigative procedures described in section 487.06.
      (5) Samples taken pursuant to subsection (4) shall be retained in accordance with the regulations made under subsection (6) and not sent for analysis until either,
      (a) the person is convicted of the offence charged, or
      (b) the person fails to appear as requested by law in relation to the charge whereupon analysis shall be completed and, subject to section 9 of the DNA Identification Act, the results entered into the offender index.
      (6) The Governor in Council shall make regulations respecting the retention of samples taken pursuant to subsection (4)."

Mr. Muise (West Nova), seconded by Mr. MacKay (Pictou -- Antigonish -- Guysborough), moved Motion No. 11, -- That Bill C-3, in Clause 17, be amended by replacing lines 5 to 7 on page 17 with the following:

    "subsection, had been convicted of a designated offence and on the date of the application was serving a sentence of two years or more for another designated offence, or"

Debate arose on the motions in Group No. 6 (Motions Nos. 10 and 11).


Pursuant to Standing Order 26(1), Mrs. Finestone (Mount Royal), seconded by Mr. Discepola (Parliamentary Secretary to the Solicitor General of Canada), moved, -- That the House continue to sit beyond the ordinary hour of daily adjournment for the purpose of considering the report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts.

The question was put on the motion and, less than 15 Members having risen to object, pursuant to Standing Order 26(2), the motion was adopted.


The House resumed consideration at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments;

And of the motions in Group No. 6 (Motions Nos. 10 and 11).

The debate continued on the motions in Group No. 6.

The question was put on Motions Nos. 10 and 11 and, pursuant to Standing Order 76(8), the recorded divisions were deferred.

Group No. 7

Mr. Muise (West Nova), seconded by Mr. MacKay (Pictou -- Antigonish -- Guysborough), moved Motion No. 12, -- That Bill C-3, in Clause 20, be amended

    (a) by replacing line 38 on page 22 with the following:
      "order under section 487.051 or 487.052;"
    (b) by replacing line 40 on page 22 with the following:
      "tion under section 487.055 or 487.091; or
        (e) provided voluntarily by any person who is charged with an indictable offence or is serving a sentence for an indictable offence."

Debate arose on the motion in Group No. 7 (Motion No. 12).

The question was put on Motion No. 12 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Pursuant to Standing Order 76(8), the House proceeded to the taking of the deferred recorded divisions at report stage and second reading of Bill C-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, as reported by the Standing Committee on Justice and Human Rights with amendments.

Pursuant to Standing Order 45, the recorded divisions were further deferred until Tuesday, May 12, 1998, at the expiry of the time provided for Government Orders.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was laid upon the Table as follows:

-- by the Speaker -- Report of the Chief Electoral Officer for the fiscal year ended March 31, 1998, pursuant to the Privacy Act, R. S. 1985, c. P-21, sbs. 72(2). -- Sessional Paper No. 8561-361-645. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)

PROCEEDINGS ON ADJOURNMENT MOTION

At 6:46 p.m., pursuant to Standing Order 38(1), the question "That this House do now adjourn" was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

ADJOURNMENT

At 6:54 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).