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


JOURNALS

No. 055

Monday, February 9, 1998

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.

Mr. Borotsik (Brandon -- Souris), seconded by Mr. MacKay (Pictou -- Antigonish -- Guysborough), moved, -- That, in the opinion of this House, the government should immediately conduct a review, with the participation of all stakeholders, to develop a solution to grain transportation inefficiencies. (Private Members' Business M-225)

Debate arose thereon.

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

MOTIONS

By unanimous consent, it was ordered, -- That, until otherwise ordered, on all allotted days pursuant to Standing Order 81, Members shall speak in the manner provided for in the Special Order respecting allotted days made on September 26, 1997.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, as reported by the Standing Committee on Agriculture and Agri-Food with amendments;

      And of the motions in Group No. 4 (Motions Nos. 4 to 19).

Group No. 4

Motion No. 4 of Mr. Borotsik (Brandon -- Souris), seconded by Mr. Price (Compton -- Stanstead), -- That Bill C-4, in Clause 3, be amended

    (a) by replacing lines 7 to 14 on page 3 with the following:
        ``3.02 (1) The directors are elected in accordance with section 3.06 to 3.08 and the regulations. The president shall be appointed by the board.''
    (b) by deleting lines 15 to 17 on page 3.

New Motion No. 5 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C-4, in Clause 3, be amended by replacing lines 7 to 14 on page 3 with the following:

      ``3.02(1) Fifteen directors are elected in accordance with sections 3.06 to 3.08 and the regulations. The president shall be appointed by the board in consultation with the Minister.''

Motion No. 6 of Mr. Chrétien (Frontenac -- Mégantic), seconded by Ms. Alarie (Louis-Hébert), -- That Bill C-4, in Clause 3, be amended by replacing line 14 on page 3 with the following:

    ``sultation with the other directors, and following the approval of the committee of the House of Commons that normally considers matters relating to agriculture.''

Motion No. 7 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C-4, in Clause 3, be amended by deleting lines 22 to 24 on page 3.

Motion No. 8 of Mr. Benoit (Lakeland), seconded by Mr. Epp (Elk Island), -- That Bill C-4, in Clause 3, be amended by replacing lines 12 and 13 on page 4 with the following:

    ``rum at the meetings, which shall be at least two-thirds of the board members and a ratio of two elected directors to one appointed director, and the confidentiality''

Motion No. 9 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C-4, in Clause 3, be amended by replacing lines 22 to 24 on page 4 with the following:

    ``(e) the manner in which the board, in consultation with the Minister, may decide to remove the president and the manner in which the board, in consultation with the Minister, may implement a decision to remove the president.''

Motion No. 10 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C-4, in Clause 3, be amended

    (a) by adding after line 33 on page 4 the following:
        ``(2) Producers shall be eligible for votes based on the following levels of production: For the purposes of this Act, 1 tonne of grain is defined as 1 tonne of wheat or 1.5 tonnes of barley. A producer will be eligible for 1 vote if they grow or market a minimum of 50 tonnes of grain in a given year. This information will be obtained from permit book records or in a signed affidavit submitted by the producer.''
    (b) by replacing line 34 on page 4 with the following:
      ``(3) After the date referred to in section 3.08,''

Motion No. 11 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C- 4, in Clause 3, be amended by replacing lines 35 to 40 on page 4 with the following:

    ``the board, in consultation with the Minister, shall make regulations respecting the election of directors, including geographical representation on the board and the staggering of the terms of office of directors.''

Motion No. 12 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C-4, in Clause 3, be amended by replacing lines 41 to 45 on page 4 with the following:

      ``3.07 After the date referred to in section 3.08, the board, in consultation with the Minister, shall determine the proper conduct and supervision of an election of directors, including''

Motion No. 13 of Mr. Proctor (Palliser), seconded by Mr. Solomon (Regina -- Lumsden -- Lake Centre), -- That Bill C-4, in Clause 3, be amended by adding after line 10 on page 5 the following:

      ``(3) Directors shall be elected by producers on the basis of one vote per producer permit book
      (4) There shall be limits placed on the expenditures made by any candidate for election to the Board of Directors.
      (5) There shall be limits placed on the expenditures made by any third parties toward the election of candidates to the Board of Directors.''

Motion No. 14 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C-4, in Clause 3, be amended by replacing lines 18 and 19 on page 5 with the following:

    ``the pleasure of the board of directors for such term that the board of directors may determine.''

Motion No. 15 of Mr. Borotsik (Brandon -- Souris), seconded by Mr. Price (Compton -- Stanstead), -- That Bill C-4, in Clause 3, be amended by replacing lines 18 and 19 on page 5 with the following:

    ``pleasure for the term that the board of directors may determine.''

Motion No. 16 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C- 4, in Clause 3, be amended by adding after line 35 on page 5 with the following:

      ``(2) The president shall implement measures to include the Canadian Wheat Board as a signatory to the International Code of Ethics for Canadian Business, no later than six months following the first election of the Board of Directors.''

Motion No. 17 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C- 4, in Clause 3, be amended by replacing lines 36 to 41 on page 5 with the following:

      ``(3) If the president is absent or unable to act or the office of president is vacant, the board of directors, in consultation with the Minister, may appoint an interim president. An interim president shall not act for more than ninety days, unless approved by the board.''

Motion No. 18 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C-4, in Clause 3, be amended by replacing line 5 on page 6 with the following:

    ``view to the best interests of producers;''

Motion No. 19 of Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), -- That Bill C-4, in Clause 3, be amended by adding after line 9 on page 6 the following:

    ``(c) comply with guidelines as established by the International Code of Ethics for Canadian Business.''

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

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

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 21st Report of the Committee, which was as follows:

      The Committee recommends, pursuant to Standing Order 104(3), the following change in the membership of the Standing Joint Committee on the Scrutiny of Regulations:

Ghislain Lebel for Richard Marceau

      The Committee recommends, pursuant to Standing Orders 104 and 114, that the following Member be added to the list of Associate Members of the Standing Joint Committee on the Scrutiny of Regulations:

Richard Marceau

A copy of the relevant Minutes of Proceedings was tabled.

Motions

Pursuant to Standing Order 56.1(1), Mr. Boudria (Leader of the Government in the House of Commons), seconded by Mr. Kilger (Stormont -- Dundas), moved, -- That, on Monday, February 9, 1998, at the ordinary time of adjournment, proceedings pursuant to Standing Order 38 shall not be taken up, but, at that time, a motion to adjourn shall be deemed to have been proposed and the said motion shall be debated under the following conditions:

(a) Members wishing to speak shall address the question of the invitation to Canada by the United States of America to participate in possible military actions in the Middle East;

(b) No Member shall speak for more than twenty minutes, with no period being allotted for questions and comments, and two Members may share one twenty-minute period;

(c) No dilatory motions or quorum calls shall be received;

(d) When no Member rises to speak, the motion shall be deemed to have been adopted.

The question was put on the motion and, fewer than 25 Members having risen to object, pursuant to Standing Order 56.1(3), the motion was adopted.


By unanimous consent, Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons), seconded by Mr. Easter (Parliamentary Secretary to the Minister of Fisheries and Oceans), moved, -- That the 21st 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, petitions certified correct by the Clerk of Petitions were presented as follows:

-- by Ms. Caplan (Thornhill), one concerning nuclear weapons (No. 361-0379);

-- by Mr. Martin (Esquimalt -- Juan de Fuca), one concerning the Young Offenders Act (No. 361-0380) and one concerning landmines (No. 361-0381);

-- by Mr. Harvard (Charleswood -- Assiniboine), one concerning pay equity (No. 361-0382);

-- by Mr. Nunziata (York South -- Weston), seventeen concerning nudity (Nos. 361-0383 to 361-0399);

-- by Ms. Cohen (Windsor -- St. Clair), one concerning radio and television programming (No. 361-0400), one concerning immigration (No. 361-0401), and one concerning the Canadian flag (No. 361-0402);

-- by Mr. Maloney (Erie -- Lincoln), one concerning pornography (No. 361-0403);

-- by Mr. Szabo (Mississauga South), one concerning police and firefighters' death benefits (No. 361-0404);

-- by Ms. Catterall (Ottawa West -- Nepean), one concerning nudity (No. 361- 0405).

Questions on Order Paper

Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answer to question Q-45 on the Order Paper.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, as reported by the Standing Committee on Agriculture and Agri-Food with amendments;

      And of the motions in Group No. 4 (Motions Nos. 4 to 19).
      The debate continued on the motions in Group No. 4.

The question was put on Motion No. 4 and, pursuant to Standing Order 76(8), the recorded division was deferred.

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

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

The question was put on Motion No. 9 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 10 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 11 and, pursuant to Standing Order 76(8), the recorded division was deferred.

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

The question was put on Motion No. 13 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 14 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 16 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 17 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 18 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 19 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 5

Mr. Chrétien (Frontenac -- Mégantic), seconded by Ms. Alarie (Louis-Hébert), moved Motion No. 20, -- That Bill C-4, in Clause 4, be amended by adding after line 37 on page 7 the following:

      ``(4) Notwithstanding subsection (2), a department within the meaning of the Financial Administration Act includes the Board for the purposes of the Auditor General Act.''

Mr. Borotsik (Brandon -- Souris), seconded by Mr. Price (Compton -- Stanstead), moved Motion No. 21, -- That Bill C-4, in Clause 5, be amended by replacing lines 38 and 39 on page 7 with the following:

      ``5. The heading before section 5 and section 5 of the Act are replaced with the following:
      5. The Corporation is incorporated with the object of marketing grain grown in Canada in the best interests of farmers, to maximize their returns.''

Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 22, -- That Bill C-4, in Clause 5, be amended by replacing lines 38 and 39 on page 7 with the following:

      `` 5. The heading before section 5 and section 5 of the Act are replaced with the following:
      5. The Corporation is incorporated with the object of marketing, in the best interests of producers, grain grown within the designated area.''

Mr. Breitkreuz (Yorkton -- Melville), seconded by Mr. Hill (Prince George -- Peace River), moved Motion No. 23, -- That Bill C-4, in Clause 5, be amended by replacing lines 38 and 39 on page 7 with the following:

      ``5. Section 5 of the Act and the heading preceding it are by the following:
      5. The object of the Corporation is to secure the best financial return to the producers of grain in Canada by marketing the grain in an orderly and coordinated manner in interprovincial and export trade, in accordance with this Act, on behalf of the producers of the grain and its operations shall be carried out with this as its first priority.''

Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 24, -- That Bill C-4, in Clause 6, be amended

    (a) by deleting lines 1 to 3 on page 8.
    (b) by deleting lines 28 to 35 on page 8.

Mr. Proctor (Palliser), seconded by Mr. Solomon (Regina -- Lumsden -- Lake Centre), moved Motion No. 25, -- That Bill C-4, in Clause 6, be amended by deleting lines 28 to 46 on page 8 and lines 1 to 11 on page 9.

Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 26, -- That Bill C-4, in Clause 6, be amended by deleting lines 1 to 7 on page 9.

Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 27, -- That Bill C-4 be amended by deleting Clause 7.

Mr. Breitkreuz (Yorkton -- Melville), seconded by Mr. Hill (Prince George -- Peace River), moved Motion No. 28, -- That Bill C-4, in Clause 7, be amended by replacing lines 17 and 18 on page 9 with the following:

      ``7. Section 7 of the Act is replaced by the following:''
      7. (1) Subject to the regulations, the Corporation shall sell and dispose of grain acquired by it pursuant its operations under this Act for such prices as it considers reasonable in order to fulfil its object set out in section 5.
      (1.1) Subsection (1) shall not be interpreted to prevent the Corporation making a contract to sell a type of grain at a price that is lower than normal in order to secure other sales of the same type of grain that will result in the best return to producers of that type over a period of time.

Mr. Breitkreuz (Yorkton -- Melville), seconded by Mr. Hill (Prince George -- Peace River), moved Motion No. 29, -- That Bill C-4, in Clause 7, be amended by replacing lines 25 to 27 on page 9 with the following:

    ``made elsewhere in this Act, shall be used to maximize the return on the sale of grain to producers of the wheat by such means as the Corporation may determine, including the making of additional payments to the persons who are entitled to receive payments in respect of the wheat sold in that crop year by the Corporation.''

Mr. Proctor (Palliser), seconded by Mr. Solomon (Regina -- Lumsden -- Lake Centre), moved Motion No. 30, -- That Bill C-4, in Clause 7, be amended by replacing lines 28 to 39 on page 9 with the following:

      ``(3) Losses sustained by the Corporation
      (a) from its operations under Part III in relation to any pool period fixed there-under, during that pool period, or
      (b) from its operations under this Act under any crop year,

for which no provision is made in any other Part, shall be paid out of moneys provided by Parliament.''

Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 32, -- That Bill C-4 be amended by adding after line 3, on page 10, the following:

      `` 8.1 Section 9 of the act is amended by adding after paragraph 9(1)(e) the following:
      (f) show such particulars and furnish such information as requested for the purpose of an audit by the Auditor General of Canada.
      (g) provide such records and information as requested under the Access to Information Act. The corporation shall continue to be a ``government institution'' within the meaning of the Access to Information Act.''

Mr. Borotsik (Brandon -- Souris), seconded by Mr. Price (Compton -- Stanstead), moved Motion No. 33, -- That Bill C-4, in Clause 10, be amended by replacing lines 6 to 15 on page 10 with the following:

      ``10. Section 18 of the act is repealed.''

Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 34, -- That Bill C-4, in Clause 10, be amended by replacing lines 6 to 15, on page 10 with the following:

      `` 10. The heading before section 18 and section 18 of the Act are repealed.''

Mr. Breitkreuz (Yorkton -- Melville), seconded by Mr. Hill (Prince George -- Peace River), moved Motion No. 45, -- That Bill C-4 be amended by adding after line 40, on page 21, the following:

      ``30.1 (1) The Auditor General for Canada Shall examine the operations of the Corporation over the five year period ending December 31, 2002 and shall determine whether the Corporation has met its object as described in section 5, and report to the Minister thereon no later than September 1, 2003.
      (2) The minister shall cause the report to be laid before both Houses of parliament on one of the first three days on which the House next sits.
      (3) The report shall be deemed referred to such committee of the House of Commons as is established to consider matters relating to agriculture.
      (4) Unless the committee has reported to the House and the House as concurred in the report or amended the report and concurred in it as amended by December 31, 2003 and the report or amended report is in a form that concludes that the Corporation has substantially met its object for the five year period, this Act is repealed on June 30, 2004.
      (5) If the Governor in Council determines that the process described in subsections (1) to (4) has been delayed by emergency circumstances, the Governor in Council may, by order, defer the repeal of this Act by a period not exceeding twelve months.''

Mr. Hill (Prince George -- Peace River), seconded by Mr. Breitkreuz (Yorkton -- Melville), moved Motion No. 47, -- That Bill C-4, in Clause 36, be amended by deleting lines 6 to 21 on page 24.

Debate arose on the motions in Group No. 5 (Motions Nos. 20 to 30, 32 to 34, 45 and 47).

PROCEEDINGS ON ADJOURNMENT MOTION

At 6:30 p.m., pursuant to Order made earlier today the question "That this House do now adjourn" was deemed to have been proposed.

MOTIONS

By unanimous consent, it was ordered, -- That, for the remainder of the debate on the motion now before the House, the Speaker shall not entertain any requests for the proposal of proceedings by unanimous consent.

PROCEEDINGS ON ADJOURNMENT MOTION

The House resumed consideration of the motion "That this House do now adjourn".

MIDNIGHT

ADJOURNMENT

After debate, pursuant to Order made Monday, February 9, 1998, the question "That this House do now adjourn" was deemed to have been adopted.

At 1:40 a.m., the Speaker adjourned the House until later this day, pursuant to Standing Order 24(1).