SPOR Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 7

Tuesday, June 11, 2002

The Sub-Committee on the Study of Sport in Canada of the Standing Committee on Canadian Heritage met at 3:28 p.m. this day, in Room 362, East Block, the Chair, Dennis Mills, presiding.

Members of the Sub-Committee present: Rodger Cuzner, John Harvard, Robert Lanctôt, Serge Marcil, Dennis Mills, Hélène Scherrer, Chuck Strahl.

Acting Member present: Peter MacKay for Loyola Hearn.

Other Members present: Stan Keyes.

In attendance: From the Library of Parliament: Antony Jackson.

Witnesses: From the Department of Canadian Heritage: Roger Farley, Director, Legislation and Interdepartmental Coordination; Roger Charland, Legal Counsel; Sue Neill, Director, Sport Legislative Team.

Pursuant to its Order of Reference of Wednesday, April 17, 2002, the Committee resumed consideration of Bill C-54, An Act to promote physical activity and sport (See Minutes of Proceedings, Wednesday, May 22, 2002, Meeting No. 4).

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Committee resumed consideration of Clause 2.

The witnesses answered questions.

John Harvard moved, -- That Bill C-54, in Clause 2, be amended by replacing line 28 on page 1 with the following:

“member of the Queen's Privy”

After debate, the question being put on the amendment, it was adopted.

Clause 2, as amended, carried.

On Clause 3,

Hélène Scherrer moved, -- That Bill C-54, in Clause 3, be amended by replacing line 6 on page 2 with the following:

“(b) to encourage all Canadians to improve their”

After debate, the question being put on the amendment, it was adopted.

Hélène Scherrer moved, -- That Bill C-54, in Clause 3, be amended by replacing, in the English version, line 10 on page 2 with the following:

“all Canadians that prevent them from being”

After debate, the question being put on the amendment, it was adopted.

Clause 3, as amended, carried.

On Clause 4,

Rodger Cuzner moved, -- That Bill C-54, in Clause 4, be amended by replacing, in the English version, line 14 on page 2 with the following:

“ethical standards and values, including doping-“

After debate, the question being put on the amendment, it was adopted.

Hélène Scherrer moved, -- That Bill C-54, in Clause 4, be amended by replacing line 16 on page 2 with the following:

“fairness and respect, the full and fair participation of all persons in sport and the fair, equitable,”

After debate, the question being put on the amendment, it was adopted on division.

Clause 4, as amended, carried.

On Clause 5,

Serge Marcil moved, -- That Bill C-54, in Clause 5, be amended by replacing lines 26 to 31 on page 2 with the following:

“5. (1) The objects of this Act are to encourage, promote and develop physical activity and sport in Canada, and to create an environment conducive to the equitable participation of both official language communities in the Canadian sport system.

(2) For the purposes of subsection (1), the Minister may, with due regard to the powers conferred on the provinces and territories, take any measures that the Minister considers appropriate, and in particular”

After debate, by unanimous consent, the motion was withdrawn.

Robert Lanctôt moved, -- That Bill C-54, in Clause 5, be amended by replacing lines 26 to 30 on page 2 with the following:

“5. (1) The objects of this Act are to encourage, promote and develop physical activity and sport in Canada, and to create an environment conducive to the equitable participation of both official language communities in the Canadian sport system.

(2) For the purposes of subsection (1), the Minister may, with due regard to the powers conferred on the provinces and territories, take any measures that the Minister considers appropriate, and in particular”

After debate, the question being put on the amendment, it was adopted.

Robert Lanctôt moved, -- That Bill C-54, in Clause 5, be amended by replacing line 22 on page 3 with the following:

“(i) with due regard to the powers conferred on the provinces and territories, provide for the training of coaches and”

After debate, the question being put on the amendment, it was negatived.

Robert Lanctôt moved, -- That Bill C-54, in Clause 5, be amended by replacing line 25 on page 3 with the following:

“(j) with due regard to the powers conferred on the provinces and territories, provide bursaries or fellowships to assist”

After debate, the question being put on the amendment, it was negatived.

After debate, Clause 5, as amended, was negatived.

On Clause 6,

Robert Lanctôt moved, -- That Bill C-54, in Clause 6, be amended by replacing line 2 on page 4 with the following:

“may, with due regard to the powers conferred on the provinces and territories and in accordance with Parts IV and VII of the Official Languages Act, provide financial assistance in the form”

After debate, the question being put on the amendment, it was negatived.

Clause 6 carried.

On Clause 7,

John Harvard moved, -- That Bill C-54, in Clause 7, be amended by replacing line 9 on page 4 with the following:

“programs, including but not limited to those designed to encourage, promote and”

After debate, by unanimous consent, the motion was withdrawn.

Robert Lanctôt moved, -- That Bill C-54, in Clause 7, be amended by adding after line 15 on page 4 the following:

“(3) The Minister shall, in preparing an agreement under subsection (1) or (2), have regard to the needs of the French and English linguistic minority populations, in accordance with the Official Languages Act.”

After debate, the question being put on the amendment, it was negatived.

Clause 7 carried.

On Clause 8,

Hélène Scherrer moved, -- That Bill C-54, in Clause 8, be amended by replacing line 20 on page 4 with the following:

“age, promote and develop physical activity and sport.”

After debate, the question being put on the amendment, it was adopted.

Clause 8, as amended, carried.

On Clause 9,

Serge Marcil moved, -- That Bill C-54, in Clause 9, be amended by adding after line 6 on page 5 the following:

“(7) The Official Languages Act applies to the Centre as if it were a federal institution.”

After debate, the question being put on the amendment, it was adopted on division.

At 5:24 p.m., the meeting was suspended.

At 6:10 p.m., the meeting resumed.

After debate, Clause 9, as amended, was negatived.

On Clause 10,

Rodger Cuzner moved, -- That Bill C-54, in Clause 10, be amended by replacing lines 14 to 16 on page 5 with the following:

“sport dispute includes disputes among sport organizations and disputes between a sport”

After debate, the question being put on the amendment, it was adopted.

Clause 10, as amended, carried.

Clauses 11 and 12 carried severally.

On Clause 13,

Rodger Cuzner moved, -- That Bill C-54, in Clause 13, be amended by replacing lines 8 to 11 on page 6 with the following:

“13. (1) The board of directors consists of not more than 12 directors, including the chairperson, and the executive director of the Centre who does not have a right to vote.

(2) Sections 14, 16 and 18 do not apply to the executive director.”

After debate, the question being put on the amendment, it was adopted on division.

Clause 13, as amended, carried.

On Clause 14,

Rodger Cuzner moved, -- That Bill C-54, in Clause 14, be amended by replacing lines 12 to 38 on page 6 with the following:

“14. (1) The directors shall be appointed by the Minister to hold office during good behaviour for any term of not more than three years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors. A director may be appointed to not more than two consecutive terms and may be removed by the Minister for cause.

(2) The directors shall be chosen in accordance with guidelines that are established by the Minister in consultation with the sport community.

(3) The guidelines shall provide for a board of directors that

(a) is composed of men and women committed to the promotion and development of sport who have the experience or capacity to enable the Centre to achieve its mission; and

(b) is representative of the sport community and of the diversity and bilingual character of Canadian society.

(4) Guidelines referred to in subsection (3) are not statutory instruments for the purpose of the Statutory Instruments Act.”

After debate, the question being put on the amendment, it was adopted on division.

Clause 14, as amended, carried on division.

Clause 15 carried.

On Clause 16,

Hélène Scherrer moved, -- That Bill C-54, in Clause 16, be amended by replacing lines 1 and 2 on page 7 with the following:

“16. The directors are not entitled to be paid any”

After debate, the question being put on the amendment, it was adopted on division.

Clause 16, as amended, carried on division.

On Clause 17,

Hélène Scherrer moved, -- That Bill C-54, in Clause 17, be amended by replacing lines 21 and 22 on page 7 with the following:

“(c) the remuneration of the executive director and the appointment and remuneration of the other officers of the Centre;”

After debate, the question being put on the amendment, it was adopted on division.

Robert Lanctôt moved, -- That Bill C-54, in Clause 17, be amended by replacing lines 42 to 47 on page 7 with the following:

“disputes, including

(i) a mechanism for determining the manner in which the parties may select an arbitrator or mediator,

(ii) the principle that an arbitral award and a mediation agreement are final and not subject to appeal only with the consent of the parties,

(iii) the requirement to give written reasons for an arbitral award or a mediation agreement and to provide a copy of the award or agreement to each of the parties within 30 days after the date of the award or agreement,

(iv) the homologation of arbitral awards by a court of competent jurisdiction, and

(v) the language, according to the needs of the parties, in which the parties may be heard and the decision rendered;”

After debate, the question being put on the amendment, it was negatived.

Robert Lanctôt moved, -- That Bill C-54 be amended by adding after line 20 on page 8 the following new clause:

“17.1 The board of directors shall establish a policy respecting the official languages of Canada that includes a mechanism for resolving disputes related to the application of the policy.”

After debate, by unanimous consent, the motion was withdrawn.

Robert Lanctôt moved, -- That Bill C-54 be amended by adding after line 20 on page 8 the following new clause:

“17.2 (1) In the event of a dispute between two athletes, the dispute shall be submitted, with the agreement of the athletes, to a mediator for informal resolution or to one or more arbitrators for a decision, but not to the courts.

(2) In the event of a dispute between an athlete and a Canadian sports federation, the parties shall submit the dispute, at the option of the athlete, to a mediator for informal resolution or to one or more arbitrators for a decision, but not to the courts.

(3) In the event of a dispute between an athlete and Sport Canada, the parties shall submit the dispute, at the option of the athlete, to a mediator for informal resolution or to one or more arbitrators for a decision, but not to the courts.”

After debate, the question being put on the amendment, it was negatived.

Clause 17, as amended, carried.

On Clause 18,

Robert Lanctôt moved, -- That Bill C-54, in Clause 18, be amended by replacing lines 21 to 23 on page 8 with the following:

“18. The board of directors shall designate one of them, other than the executive director, as chairperson to”

After debate, the question being put on the amendment, it was negatived.

Rodger Cuzner moved, -- That Bill C-54, in Clause 18, be amended by replacing line 22 on page 8 with the following:

“directors,”

After debate, the question being put on the amendment, it was adopted.

Clause 18, as amended, carried.

Clauses 19 and 20 carried severally.

On Clause 21,

Robert Lanctôt moved, -- That Bill C-54, in Clause 21, be amended by replacing lines 1 and 2 on page 9 with the following:

“21. (1) The board of directors shall appoint an executive”

After debate, the question being put on the amendment, it was adopted.

Clause 21, as amended, carried.

Clauses 22 to 40 carried severally on division.

Clause 1 carried on division.

On the Preamble,

John Harvard moved, -- That Bill C-54, in the preamble, be amended by replacing lines 4 to 6 on page 1 with the following:

“and produce benefits in terms of health, quality of life, economic activity, cultural diversity, and social cohesion, including strengthening the bilingual character of Canada;

After debate, the question being put on the amendment, it was adopted.

Robert Lanctôt moved, -- That Bill C-54, in the preamble, be amended by replacing line 8 on page 1 with the following:

“intends to increase awareness among Cana-”

After debate, the question being put on the amendment, it was negatived.

Robert Lanctôt moved, -- That Bill C-54, in the preamble, be amended by replacing line 12 on page 1 with the following:

“intends to encourage and assist Canadians, especially women, persons with disabilities, aboriginal persons, seniors and young persons in; ”

After debate, the question being put on the amendment, it was negatived.

Robert Lanctôt moved, -- That Bill C-54, in the preamble, be amended by replacing lines 15 and 16 on page 1 with the following:

“WHEREAS the Government of Canada intends to encourage cooperation among”

After debate, the question being put on the amendment, it was negatived.

Robert Lanctôt moved, -- That Bill C-54, in the preamble, be amended by replacing line 20 on page 1 with the following:

“physical activity and sport, in compliance with the Official Languages Act and with due regard to the powers conferred on the provinces and territories;”

After debate, the question being put on the amendment, it was negatived.

Robert Lanctôt moved, -- That Bill C-54, in the preamble, be amended by adding after line 20 on page 1 the following:

“WHEREAS the Government of Canada intends to ensure formal political and government recognition of physical activity and sport;

WHEREAS the Government of Canada intends to establish effective consultation mechanisms;

WHEREAS the Government of Canada intends to provide sufficient financial assistance to allow increased participation in sport by Canadians;

WHEREAS the Government of Canada intends to promote the development of ethical standards and policies aimed at eliminating doping in sport;

WHEREAS the Government of Canada intends to replace the office of the Secretary of State (Amateur Sport) with the office of minister of physical activity and sport;

WHEREAS the Government of Canada intends to oversee the establishment of a central, non-governmental organization under the authority of the Minister of sport and physical activity;

WHEREAS the Government of Canada intends to participate in the establishment of sports facilities;

WHEREAS the Government of Canada intends to introduce tax measures providing for tax credits for athletes and their parents, coaches and training staff;

AND WHEREAS the Government of Canada intends to participate in the establishment of an official languages advisory committee;”

After debate, the question being put on the amendment, it was negatived.

The Preamble, as amended, carried on division.

The Title carried on division.

The Bill, as amended, carried on division.

ORDERED, -- That Bill C-54, An Act to promote physical activity and sport, as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-54 with amendments to the Standing Committee on Canadian Heritage as the First Report of the Sub-Committee.

At 7:34 p.m., the Committee adjourned to the call of the Chair.

Andrew Bartholomew Chaplin

Clerk(s) of the Sub-Committee