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HOUSE OF COMMONS OF CANADA
37th PARLIAMENT, 2nd SESSION


JOURNALS

No. 140

Tuesday, October 21, 2003

10:00 a.m.



Prayers

Daily Routine Of Business

Tabling of Documents

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

— P.C. 2003-1356 and P.C. 2003-1445. — Sessional Paper No. 8540-372-1-12. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources)

— P.C. 2003-1474 and P.C. 2003-1475. — Sessional Paper No. 8540-372-3-19. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Canadian Heritage)

— P.C. 2003-1438, P.C. 2003-1439 and P.C. 2003-1440. — Sessional Paper No. 8540-372-14-18. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Citizenship and Immigration)

— P.C. 2003-1482. — Sessional Paper No. 8540-372-7-07. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Environment and Sustainable Development)

— P.C. 2003-1353. — Sessional Paper No. 8540-372-9-07. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Finance)

— P.C. 2003-1363. — Sessional Paper No. 8540-372-10-11. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Fisheries and Oceans)

— P.C. 2003-1365, P.C. 2003-1366, P.C. 2003-1446, P.C. 2003-1477, P.C. 2003-1478, P.C. 2003-1479, P.C. 2003-1480, P.C. 2003-1481 and P.C. 2003-1489. — Sessional Paper No. 8540-372-8-18. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Foreign Affairs and International Trade)

— P.C. 2003-1332 and P.C. 2003-1436. — Sessional Paper No. 8540-372-4-18. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Government Operations and Estimates)

— P.C. 2003-1354 and P.C. 2003-1355. — Sessional Paper No. 8540-372-18-10. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Health)

— P.C. 2003-1358, P.C. 2003-1359, P.C. 2003-1360, P.C. 2003-1362, P.C. 2003-1447 and P.C. 2003-1487. — Sessional Paper No. 8540-372-16-15. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Human Resources Development and the Status of Persons with Disabilities)

— P.C. 2003-1327, P.C. 2003-1328, P.C. 2003-1329, P.C. 2003-1330, P.C. 2003-1331, P.C. 2003-1357, P.C. 2003-1434, P.C. 2003-1435, P.C. 2003-1483, P.C. 2003-1484 and P.C. 2003-1485. — Sessional Paper No. 8540-372-22-16. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Industry, Science and Technology)

— P.C. 2003-1437, P.C. 2003-1476 and P.C. 2003-1505. — Sessional Paper No. 8540-372-13-14. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Justice and Human Rights)

— P.C. 2003-1300, P.C. 2003-1301 and P.C. 2003-1302. — Sessional Paper No. 8540-372-17-05. (Pursuant to Standing Order 32(6), referred to the Standing Committee on National Defence and Veterans Affairs)

— P.C. 2003-1310, P.C. 2003-1312, P.C. 2003-1314, P.C. 2003-1316, P.C. 2003-1318, P.C. 2003-1319, P.C. 2003-1320, P.C. 2003-1321, P.C. 2003-1322, P.C. 2003-1323, P.C. 2003-1324, P.C. 2003-1325, P.C. 2003-1326, P.C. 2003-1425, P.C. 2003-1426, P.C. 2003-1427, P.C. 2003-1428, P.C. 2003-1429, P.C. 2003-1430, P.C. 2003-1431, P.C. 2003-1432, P.C. 2003-1433, P.C. 2003-1451, P.C. 2003-1464, P.C. 2003-1465, P.C. 2003-1466, P.C. 2003-1467, P.C. 2003-1468, P.C. 2003-1469, P.C. 2003-1470, P.C. 2003-1471, P.C. 2003-1472, P.C. 2003-1473 and P.C. 2003-1488. — Sessional Paper No. 8540-372-5-16. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Procedure and House Affairs)

— P.C. 2003-1333, P.C. 2003-1349, P.C. 2003-1351, P.C. 2003-1410, P.C. 2003-1441, P.C. 2003-1442, P.C. 2003-1443 and P.C. 2003-1444. — Sessional Paper No. 8540-372-24-15. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Transport)


Pursuant to Standing Order 32(2), Mr. Regan (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government response, pursuant to Standing Order 36(8), to the following petition:

— No. 372-2127 concerning China. — Sessional Paper No. 8545-372-47-05.

Presenting Reports from Committees

Mr. Szabo (Mississauga South) , from the Standing Committee on Government Operations and Estimates, presented the Eighth Report of the Committee (Supplementary Estimates (A), 2003-2004 — Vote 110a under CANADIAN HERITAGE; Vote 1a under GOVERNOR GENERAL; Votes 1a, 5a, 10a, and 35a under PRIVY COUNCIL; Votes 1a, 15a and 20a under PUBLIC WORKS AND GOVERNMENT SERVICES; Votes 1a, 10a and 15a under TREASURY BOARD). — Sessional Paper No. 8510-372-143.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 61, 62 and 64) was tabled.

Motions

By unanimous consent, it was ordered, — That Mr. Marceau (Charlesbourg—Jacques-Cartier) may immediately introduce a bill entitled “An Act to establish Holocaust Memorial Day” and a Member from each party may speak to the Bill for no more than two minutes, following which the said Bill shall be deemed read a second time and referred to a Committee of the Whole, deemed considered in Committee of the Whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1) and to Order made earlier today, on motion of Mr. Marceau (Charlesbourg—Jacques-Cartier) , seconded by Ms. Neville (Winnipeg South Centre) , Bill C-459, An Act to establish Holocaust Memorial Day, was introduced, read the first time and ordered to be printed.

Debate arose thereon.

Pursuant to Order made earlier today, the Bill was deemed adopted at all stages.

Accordingly, Bill C-459, An Act to establish Holocaust Memorial Day, was deemed read a second time and referred to a Committee of the Whole, deemed considered in Committee of the Whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Presenting Petitions

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

— by Ms. Guay (Laurentides) , twenty-four concerning the Canada Labour Code (Nos. 372-2224 to 372-2247).

Questions on Order Paper

Mr. Regan (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answer to question Q-269 on the Order Paper.

Government Orders

The Order was read for the third reading of Bill C-49, An Act respecting the effective date of the representation order of 2003.

Mr. Boudria (Minister of State and Leader of the Government in the House of Commons) , seconded by Mr. Knutson (Secretary of State (Central and Eastern Europe and Middle East)) , moved, — That the Bill be now read a third time and do pass.

Debate arose thereon.

Mr. Regan (Parliamentary Secretary to the Leader of the Government in the House of Commons) , seconded by Mr. Knutson (Secretary of State (Central and Eastern Europe and Middle East)) , moved, — That this question be now put.

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.

Government Orders

The House resumed consideration of the motion of Mr. Boudria (Minister of State and Leader of the Government in the House of Commons) , seconded by Mr. Knutson (Secretary of State (Central and Eastern Europe and Middle East)) , — That Bill C-49, An Act respecting the effective date of the representation order of 2003, be now read a third time and do pass;

And of the motion of Mr. Regan (Parliamentary Secretary to the Leader of the Government in the House of Commons) , seconded by Mr. Knutson (Secretary of State (Central and Eastern Europe and Middle East)) , — That this question be now put.

The debate continued.

Motions

By unanimous consent, it was ordered, — That, if a recorded division is requested on any substantive motion during Government Orders on Thursday, October 23, 2003, Friday, October 24, 2003, and Monday, October 27, 2003, it be deferred until the expiry of the time provided for Government Orders on Tuesday, October 28, 2003.

Government Orders

The House resumed consideration of the motion of Mr. Boudria (Minister of State and Leader of the Government in the House of Commons) , seconded by Mr. Knutson (Secretary of State (Central and Eastern Europe and Middle East)) , — That Bill C-49, An Act respecting the effective date of the representation order of 2003, be now read a third time and do pass;

And of the motion of Mr. Regan (Parliamentary Secretary to the Leader of the Government in the House of Commons) , seconded by Mr. Knutson (Secretary of State (Central and Eastern Europe and Middle East)) , — That this question be now put.

The debate continued.

Deferred Recorded Divisions

Government Orders

Pursuant to Standing Order 45, the House proceeded to the taking of the deferred recorded division on the motion of Mr. Manley (Deputy Prime Minister and Minister of Finance) , seconded by Mr. Drouin (Secretary of State (Economic Development Agency of Canada for the Regions of Quebec)) , — That Bill C-48, An Act to amend the Income Tax Act (natural resources), be now read a third time and do pass.

The question was put on the motion and it was agreed to on the following division:

+

(Division No. 246 -- Vote no 246)

YEAS: 173, NAYS: 47

YEAS -- POUR
Abbott
Ablonczy
Allard
Anders
Anderson (Victoria)
Anderson (Cypress Hills—Grasslands)
Assadourian
Augustine
Bachand (Richmond--Arthabaska)
Bagnell
Bailey
Bakopanos
Barnes (London West)
Barrette
Beaumier
Bélair
Bellemare
Bennett
Benoit
Bertrand
Binet
Blondin-Andrew
Bonin
Bonwick
Boudria
Bradshaw
Breitkreuz
Brison
Brown
Bryden
Bulte
Burton
Byrne
Calder
Cannis
Caplan
Casey
Casson
Catterall
Chamberlain
Chatters
Coderre
Collenette
Comuzzi
Cullen
Cummins
Cuzner
Dhaliwal
Dion
Discepola
Doyle
Duncan
Easter
Elley
Epp
Finlay
Fitzpatrick
Fontana
Forseth
Frulla
Fry
Gallant
Gallaway
Goldring
Goodale
Gouk
Graham
Grey
Grose
Harper
Harvey
Hearn
Herron
Hill (Macleod)
Hubbard
Jackson
Jaffer
Jennings
Jobin
Johnston
Karetak-Lindell
Karygiannis
Keddy (South Shore)
Keyes
Kilgour (Edmonton Southeast)
Knutson
Lastewka
LeBlanc
Lee
Leung
Longfield
Lunn (Saanich—Gulf Islands)
Lunney (Nanaimo—Alberni)
MacAulay
MacKay (Pictou—Antigonish—Guysborough)
Macklin
Malhi
Manley
Mark
Martin (LaSalle--Émard)
McGuire
McTeague
Meredith
Merrifield
Mills (Red Deer)
Mitchell
Moore
Murphy
Myers
Nault
Neville
Normand
O'Reilly
Owen
Pacetti
Pagtakhan
Paradis
Peric
Peterson
Phinney
Pickard (Chatham--Kent Essex)
Pratt
Price
Proulx
Provenzano
Rajotte
Redman
Reed (Halton)
Regan
Reid (Lanark—Carleton)
Reynolds
Ritz
Robillard
Rock
Saada
Savoy
Schellenberger
Scott
Sgro
Shepherd
Simard
Skelton
Solberg
Sorenson
Speller
Spencer
St-Julien
St. Denis
Steckle
Stewart
Stinson
Szabo
Telegdi
Thibault (West Nova)
Thibeault (Saint-Lambert)
Thompson (Wild Rose)
Thompson (New Brunswick Southwest)
Toews
Tonks
Torsney
Ur
Valeri
Vanclief
Vellacott
Venne
Volpe
Wappel
Wayne
Whelan
White (Langley--Abbotsford)
White (North Vancouver)
Wilfert
Yelich -- 173
NAYS -- CONTRE
Adams
Assad
Bachand (Saint-Jean)
Bigras
Blaikie
Bourgeois
Caccia
Cardin
Charbonneau
Comartin
Crête
Dalphond-Guiral
Davies
Desrochers
Duceppe
Fournier
Gagnon (Champlain)
Gagnon (Lac-Saint-Jean—Saguenay)
Gagnon (Québec)
Gauthier
Girard-Bujold
Godin
Guay
Jordan
Kraft Sloan
Laframboise
Lanctôt
Lill
Martin (Winnipeg Centre)
Masse
McDonough
Ménard
Nystrom
Paquette
Parrish
Perron
Picard (Drummond)
Plamondon
Proctor
Rocheleau
Roy
Sauvageau
Scherrer
St-Hilaire
Stoffer
Tremblay
Wasylycia-Leis -- 47
PAIRED -- PAIRÉS
Alcock
Asselin
Bergeron
Cauchon
Eggleton
Gaudet
Guarnieri
Guimond
Harvard
Lalonde
Loubier
Marceau
McCallum
McLellan

Accordingly, the Bill was read the third time and passed.


Pursuant to Standing Order 45, the House proceeded to the taking of the deferred recorded division on the motion of Mr. Cauchon (Minister of Justice) , seconded by Mr. Thibault (Minister of Fisheries and Oceans) , — That Bill C-38, An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act, be referred forthwith to the Special Committee on Non-Medical Use of Drugs.

The question was put on the motion and it was agreed to on the following division:

-

(Division No. 247 -- Vote no 247)

YEAS: 151, NAYS: 71

YEAS -- POUR
Adams
Allard
Anderson (Victoria)
Assad
Assadourian
Augustine
Bachand (Saint-Jean)
Bagnell
Bakopanos
Barnes (London West)
Barrette
Beaumier
Bélair
Bélanger
Bellemare
Bennett
Bertrand
Bigras
Binet
Blaikie
Blondin-Andrew
Bonin
Bonwick
Boudria
Bourgeois
Bradshaw
Brown
Bryden
Bulte
Byrne
Caccia
Calder
Caplan
Cardin
Castonguay
Catterall
Charbonneau
Coderre
Collenette
Comartin
Crête
Cullen
Cuzner
Dalphond-Guiral
Davies
Desrochers
Dhaliwal
Dion
Discepola
Dromisky
Duceppe
Easter
Farrah
Finlay
Fontana
Fournier
Frulla
Fry
Gagnon (Champlain)
Gagnon (Lac-Saint-Jean—Saguenay)
Gagnon (Québec)
Gauthier
Girard-Bujold
Godin
Goodale
Graham
Grose
Guay
Harvey
Jackson
Jennings
Jobin
Jordan
Karetak-Lindell
Karygiannis
Keyes
Kilgour (Edmonton Southeast)
Knutson
Kraft Sloan
Laframboise
Lanctôt
LeBlanc
Lee
Lill
MacAulay
Macklin
Malhi
Manley
Martin (LaSalle--Émard)
Martin (Winnipeg Centre)
Masse
McDonough
McGuire
Ménard
Mitchell
Murphy
Myers
Nault
Neville
Normand
Nystrom
O'Reilly
Owen
Pacetti
Pagtakhan
Paquette
Paradis
Parrish
Peric
Perron
Peterson
Phinney
Picard (Drummond)
Pickard (Chatham--Kent Essex)
Plamondon
Pratt
Price
Proctor
Proulx
Redman
Reed (Halton)
Regan
Robillard
Rocheleau
Rock
Roy
Saada
Sauvageau
Scherrer
Scott
Shepherd
Simard
Speller
St-Hilaire
St-Julien
St. Denis
Stewart
Stoffer
Telegdi
Thibault (West Nova)
Thibeault (Saint-Lambert)
Tonks
Torsney
Tremblay
Valeri
Vanclief
Venne
Volpe
Wappel
Wasylycia-Leis
Whelan -- 151
NAYS -- CONTRE
Abbott
Ablonczy
Anders
Anderson (Cypress Hills—Grasslands)
Bachand (Richmond--Arthabaska)
Bailey
Benoit
Breitkreuz
Brison
Burton
Cannis
Casey
Casson
Chamberlain
Chatters
Comuzzi
Cummins
Doyle
Duncan
Elley
Epp
Fitzpatrick
Forseth
Gallant
Goldring
Gouk
Grey
Harper
Hearn
Herron
Hill (Macleod)
Jaffer
Johnston
Keddy (South Shore)
Lastewka
Leung
Longfield
Lunn (Saanich—Gulf Islands)
Lunney (Nanaimo—Alberni)
MacKay (Pictou—Antigonish—Guysborough)
Mark
McCormick
McTeague
Meredith
Merrifield
Mills (Red Deer)
Moore
Provenzano
Rajotte
Reid (Lanark—Carleton)
Reynolds
Ritz
Savoy
Schellenberger
Skelton
Solberg
Sorenson
Spencer
Steckle
Stinson
Strahl
Szabo
Thompson (New Brunswick Southwest)
Thompson (Wild Rose)
Toews
Ur
Vellacott
Wayne
White (North Vancouver)
White (Langley--Abbotsford)
Yelich -- 71
PAIRED -- PAIRÉS
Alcock
Asselin
Bergeron
Cauchon
Eggleton
Gaudet
Guarnieri
Guimond
Harvard
Lalonde
Loubier
Marceau
McCallum
McLellan

Accordingly, Bill C-38, An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act, was referred to the Special Committee on Non-Medical Use of Drugs.

Private Members' Business

At 6:17 p.m., pursuant to Standing Order 30(7), the House proceeded to the consideration of Private Members' Business.

The House resumed consideration of the motion of Ms. Guay (Laurentides) , seconded by Mr. Plamondon (Bas-Richelieu—Nicolet—Bécancour) , — That Bill C-328, An Act to amend the Canada Labour Code, be now read a second time and referred to the Standing Committee on Human Resources Development and the Status of Persons with Disabilities.

The debate continued.

At 7:17 p.m., pursuant to Standing Order 93(1), the Speaker interrupted the proceedings.

The question was put on the motion and, pursuant to Standing Order 93(1), the recorded division was deferred until Wednesday, October 22, 2003, immediately before the time provided for Private Members' Business.

Messages from the Senate

A message was 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-6, An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts, with the following amendments:

1. Page 22, clause 47:

(a) Replace line 4 with the following:

“(a) in relation to a specific claim that is before the Commission, to summon witnesses or to order production of documents;

(b) whether the claim and any other specific”; and

(b) Replace line 7 with the following:

“(c) any other issue that needs to be resolved”.

2. Page 24, clause 56: Replace line 1 with the following:

“maximum of ten million dollars, based”.

3. Page 29, clause 76: Replace line 19 with the following:

“considers appropriate. In carrying out the review, the Minister shall give to first nations an opportunity to make representations.”.

4. Page 29, new clauses 76.1 and 76.2: Add after line 32 the following:

“76.1 The Minister shall, before making a recommendation under section 5 or subsection 20(1) or 41(1), notify claimants – which notification may be by ordinary mail sent to their latest known addresses – that they may, during a period that the Minister specifies of not less than 30 days after the date of the notice, make representations in respect of appointments to the office or offices in question.

76.2 (1) At no time shall a person who was appointed under section 5 or subsection 20(1) or 41(1) act for any party in connection with any specific claim in relation to which they performed any work or concerning which they obtained significant information during their term in office.

(2) Persons who were appointed under section 5 or subsection 20(1) or 41(1) shall not, within a period of one year after the end of their term in office, accept any employment with or enter into a contract for services with the Department of Indian Affairs and Northern Development or a first nation that had a pending specific claim – before the Commission or the Tribunal, in the case of the Chief Executive Officer, or, in the case of a commissioner or adjudicator, before the Division of the Centre to which the person was appointed – at any time during their term in office.”.

5. Page 30, new clause 77.1: Add before line 1 the following:

“77.1 During the period of one year after the coming into force of section 76.1, the reference in that section to “claimants” shall be read as a reference to “claimants under this Act or under the Specific Claims Policy of the Government of Canada”.”.

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. Rock (Minister of Industry) — Report of the Canadian Intellectual Property Office, together with the Auditors' Report, for the fiscal year ended March 31, 2003, pursuant to the Patent Act, R.S. 1985, c. P-4, s. 26. — Sessional Paper No. 8560-372-330-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry, Science and Technology)

— by Mr. Rock (Minister of Industry) — Reports of the Social Sciences and Humanities Research Council of Canada for the fiscal year ended March 31, 2003, pursuant to the Access to Information Act and to the Privacy Act, R.S. 1985, c. A-1 and P-21, sbs. 72(2). — Sessional Paper No. 8561-372-660-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)

Adjournment

At 7:17 p.m., the Speaker adjourned the House until tomorrow at 2:00 p.m., pursuant to Standing Order 24(1).