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


JOURNALS

No. 046

Monday, December 8, 1997

11:00 a.m.



PRAYERS

PRIVATE MEMBERS' BUSINESS

At 11:00 a.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 Justice and Human Rights of Bill C-218, An Act to amend the Divorce Act (marriage counselling required before divorce granted).

Mr. Szabo (Mississauga South), seconded by Mr. Bertrand (Pontiac -- Gatineau -- Labelle), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Debate arose thereon.

MOTIONS

By unanimous consent, it was ordered, -- That, notwithstanding any Standing Order, with respect to Government Business No. 6 on December 8, 1997, the House shall continue to sit until no Member wishes to speak, whereupon the question shall be deemed to have been put and a division requested and deferred to the expiry of the time provided for Government Orders on Tuesday, December 9, 1997, provided that during this debate, no dilatory motion nor quorum call shall be received and provided that, if it is necessary for the purposes of this Order for the House to sit after the ordinary time of adjournment on December 8, 1997, there shall be no proceedings pursuant to Standing Order 38 on that day.

PRIVATE MEMBERS' BUSINESS

The House resumed consideration of the motion of Mr. Szabo (Mississauga South), seconded by Mr. Bertrand (Pontiac -- Gatineau -- Labelle), -- That Bill C-218, An Act to amend the Divorce Act (marriage counselling required before divorce granted), be now read a second time and referred to the Standing Committee on Justice and Human Rights.

The debate continued.

Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.

INTERRUPTION

At 11:52 a.m., the sitting was suspended.

At 12:00 p.m., the sitting resumed.

GOVERNMENT ORDERS

Mr. Dion (Minister of Intergovernmental Affairs), seconded by Mr. MacAulay (Minister of Labour), moved, --

    WHEREAS section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
    NOW THEREFORE the House of Commons resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

      1. Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act is repealed and the following substituted therefor:
      "17. (1) In lieu of section ninety-three of the Constitution Act, 1867, this Term shall apply in respect of the Province of Newfoundland.
      (2) In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education, but shall provide for courses in religion that are not specific to a religious denomination.
      (3) Religious observances shall be permitted in a school where requested by parents."

CITATION

      2. This Amendment may be cited as the Constitution Amendment, year of proclamation (Newfoundland Act). (Government Business No. 6)

Debate arose thereon.

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

The Speaker laid upon the Table, -- Report of the Parliamentary Librarian for the fiscal year ended March 31, 1997. -- Sessional Paper No. 8560-361-3.

WAYS AND MEANS

Mr. Martin (Minister of Finance) laid upon the Table, -- Notice of a Ways and Means motion to amend the Income Tax Act, the Income Tax Application Rules, the Bankruptcy and Insolvency Act, the Canada Pension Plan, the Children's Special Allowances Act, the Companies' Creditors Arrangement Act, the Cultural Property Export and Import Act, the Customs Act, the Customs Tariff, the Employment Insurance Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the Income Tax Conventions Interpretation Act, the Old Age Security Act, the Tax Court of Canada Act, the Tax Rebate Discounting Act, the Unemployment Insurance Act, the Western Grain Transition Payments Act and certain Acts related to the Income Tax Act (Ways and Means Proceedings No. 4) -- Sessional Paper No. 8570-361-4.

Pursuant to Standing Order 83(2), at the request of Mr. Martin (Minister of Finance), an Order of the Day was designated for the consideration of this Ways and Means motion.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, -- Orders in Council approving certain appointments made by the Governor General in Council, pursuant to Standing Order 110(1), as follows:

-- P.C. 1997-1773, P.C. 1997-1774 and P.C. 1997-1787. -- Sessional Paper No. 8540-361-14H. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Citizenship and Immigration)

-- P.C. 1997-1768. -- Sessional Paper No. 8540-361-9A. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Finance)

-- P.C. 1997-1733 and P.C. 1997-1761. -- Sessional Paper No. 8540-361-8E. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Foreign Affairs and International Trade)

-- P.C. 1997-1788 and P.C. 1997-1789. -- Sessional Paper No. 8540-361-18D. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Health)

-- P.C. 1997-1769, P.C. 1997-1770, P.C. 1997-1771, P.C. 1997-1785 and P.C. 1997-1786. -- Sessional Paper No. 8540-361-16D. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Human Resources Development and the Status of Persons with Disabilities)

-- P.C. 1997-1783 and P.C. 1997-1784. -- Sessional Paper No. 8540-361-22E. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Industry)

-- P.C. 1997-1775. -- Sessional Paper No. 8540-361-13E. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Justice and Human Rights)

-- P.C. 1997-1759. -- Sessional Paper No. 8540-361-6E. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Natural Resources and Government Operations)

-- P.C. 1997-1762, P.C. 1997-1763, P.C. 1997-1764, P.C. 1997-1765, P.C. 1997- 1766, P.C. 1997-1779, P.C. 1997-1780, P.C. 1997-1781 and P.C. 1997-1782. -- Sessional Paper No. 8540-361-24G. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Transport)


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

-- Nos. 361-0123 and 361-0153 concerning children's rights. -- Sessional Paper No. 8545-361-18;

-- No. 361-0125 concerning taxes on books. -- Sessional Paper No. 8545-361-3C;

-- No. 361-0162 concerning the tax on gasoline. -- Sessional Paper No. 8545-361- 2B.

Presenting Reports from Committees

Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons), from the Standing Committee on Procedure and House Affairs, presented the 15th Report of the Committee, which was as follows:

      The Committee recommends, pursuant to Standing Orders 104 and 107, that the following Members be appointed as Associate Members of the Liaison Committee:

Stéphane Bergeron Madeleine Dalphond-Guiral

A copy of the relevant Minutes of Proceedings was tabled.


Mr. Caccia (Davenport), from the Standing Committee on Environment and Sustainable Development, presented the 2nd Report of the Committee (Climate Change). -- Sessional Paper No. 8510-361-28.

Pursuant to Standing Order 109, the government was requested by the Committee to table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meeting No. 26) was tabled.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Crête (Kamouraska-Rivière-du-Loup-Témiscouata-Les Basques), seconded by Mr. Godin (Acadie -- Bathurst), Bill C-295, An Act to amend the Employment Insurance Act 1997 (schedule I), 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. Chrétien (Frontenac -- Mégantic), seconded by Ms. St- Hilaire (Longueuil), Bill C-296, An Act to amend the Employment Insurance Act, 1997 (rate of benefits), 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. Sauvageau (Repentigny), seconded by Ms. St-Hilaire (Longueuil), Bill C-297, An Act to amend the Employment Insurance Act, 1997 (section 15), 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 Ms. Gagnon (Québec), seconded by Mr. Dubé (Lévis), Bill C-298, An Act to amend the Employment Insurance Act, 1997 (qualifying for benefit), 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 Ms. Dalphond-Guiral (Laval Centre), seconded by Mr. Dumas (Argenteuil -- Papineau), Bill C-299, An Act to amend the Employment Insurance Act, 1997 (premiums and Employment Insurance Account), 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. Ménard (Hochelaga -- Maisonneuve), seconded by Mr. Brien (Témiscamingue), Bill C-300, An Act to amend the Employment Insurance Act, 1997 (refund), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons), seconded by Mr. Shepherd (Durham), moved, -- That the 15th Report of the Standing Committee on Procedure and House Affairs, presented earlier today, be concurred in.

The question was put on the motion and it was agreed to.

Presenting Petitions

Pursuant to Standing Order 36, a petition certified correct by the Clerk of Petitions was presented as follows:

-- by Mr. Szabo (Mississauga South), concerning the income tax system (No. 361- 0291).

GOVERNMENT ORDERS

The House resumed consideration of the motion of Mr. Dion (Minister of Intergovernmental Affairs), seconded by Mr. MacAulay (Minister of Labour). (Government Business No. 6)

The debate continued.

MESSAGES FROM THE SENATE

Messages were received from the Senate as follows:

-- ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-23, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1998.

-- ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-11, An Act respecting the imposition of duties of customs and other charges, to give effect to the International Convention on the Harmonized Commodity Description and Coding System, to provide relief against the imposition of certain duties of customs or other charges, to provide for other related matters and to amend or repeal certain Acts in consequence thereof, without amendment.

GOVERNMENT ORDERS

The House resumed consideration of the motion of Mr. Dion (Minister of Intergovernmental Affairs), seconded by Mr. MacAulay (Minister of Labour). (Government Business No. 6)

The debate continued.

ROYAL ASSENT

The Speaker informed the House that the Honourable the Deputy Governor General will proceed to the Senate today at 5:00 p.m. for the purpose of giving the Royal Assent to certain Bills.

GOVERNMENT ORDERS

The House resumed consideration of the motion of Mr. Dion (Minister of Intergovernmental Affairs), seconded by Mr. MacAulay (Minister of Labour). (Government Business No. 6)

The debate continued.

ROYAL ASSENT

A Message was received from the Honourable Charles Gonthier, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, desiring the immediate attendance of the House in the Senate.

Accordingly, the Speaker, with the House, proceeded to the Senate.

The Commons returned to the Chamber.

Whereupon the Speaker reported that he had addressed the Honourable the Deputy Governor General as follows:

``May it please Your Honour:

The Commons of Canada have voted Supplies required to enable the Government to defray certain expenses of the public service.

In the name of the Commons I present to Your Honour the following Bill:

    An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1998.

To which Bill I humbly request Your Honour's Assent.''

Whereupon, the Clerk of the Senate, by Command of the Deputy the Governor General, did say:

``In Her Majesty's name, the Honourable the Deputy to His Excellency the Governor General thanks Her Loyal Subjects, accepts their benevolence, and assents to this Bill:''

    Bill C-23, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1998 -- Chapter No. 35.

The Speaker also reported that, when the Commons had been in the Senate, the Right Honourable the Deputy Governor General was pleased to give, in Her Majesty's name, the Royal Assent to the following Bill:

    Bill C-11, An Act respecting the imposition of duties of customs and other charges, to give effect to the International Convention on the Harmonized Commodity Description and Coding System, to provide relief against the imposition of certain duties of customs or other charges, to provide for other related matters and to amend or repeal certain Acts in consequence thereof -- Chapter No. 36.

GOVERNMENT ORDERS

The House resumed consideration of the motion of Mr. Dion (Minister of Intergovernmental Affairs), seconded by Mr. MacAulay (Minister of Labour). (Government Business No. 6)

The debate continued.

Pursuant to Order made earlier today, the question was deemed put and a recorded division was deemed demanded and deferred until Tuesday, December 9, 1997, 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 Mr. Collenette (Minister of Transport) -- Report on the financial operations of Harbours and Ports for the fiscal year ended March 31,1997, pursuant to the Public Harbours and Port Facilities Act, R.S. 1985, c. P-29, s. 26. -- Sessional Paper No. 8560-361-171. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport)

PETITIONS FILED WITH THE CLERK OF THE HOUSE

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

-- by Mr. Chamberlain (Guelph -- Wellington), four concerning the Canadian flag (Nos. 361-0292 to 361-0295).

ADJOURNMENT

At 10:46 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).