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HOUSE OF COMMONS OF CANADA
37th PARLIAMENT, 3rd SESSION


JOURNALS

No. 44

Thursday, April 29, 2004

10:00 a.m.



Prayers

Daily Routine Of Business

Tabling of Documents

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

— No. 373-0514 concerning mad cow disease. — Sessional Paper No. 8545-373-13-04;

— No. 373-0553 concerning crimes against humanity. — Sessional Paper No. 8545-373-64-01.

Presenting Reports from Inter-parliamentary Delegations

Pursuant to Standing Order 34(1), Mr. Patry (Pierrefonds—Dollard) presented the Report of the Canadian parliamentary delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the meeting of the APF Committee on Education, Communication and Cultural Affairs, held in Bucharest, Romania, from April 15 to 18, 2004. — Sessional Paper No. 8565-373-52-03.


Pursuant to Standing Order 34(1), Mr. Patry (Pierrefonds—Dollard) presented the Report of the Canadian parliamentary delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the meeting of the APF Parliamentary Affairs Committee, held in Vientiane, Laos, from April 7 to 10, 2004. — Sessional Paper No. 8565-373-52-04.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Benoit (Lakeland) , seconded by Mr. Burton (Skeena) , Bill C-521, An Act to amend the Criminal Code (search and seizure), 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. Benoit (Lakeland) , seconded by Mr. Burton (Skeena) , Bill C-522, An Act respecting the replacement of agricultural pest control products, 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. Burton (Skeena) , seconded by Mr. Benoit (Lakeland) , Bill C-523, An Act to amend the Income Tax Act and the Income Tax Regulations (Queen Charlotte Islands), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

Mr. Saada (Leader of the Government in the House of Commons and Minister responsible for Democratic Reform) , seconded by Mr. Bélanger (Deputy Leader of the Government in the House of Commons) , moved, — That, in accordance with subsection 72.01 of the Parliament of Canada Act, chapter P-1 of the Revised Statutes of Canada, 1985, this House approve the appointment of Bernard Shapiro, of Montreal, Quebec, as Ethics Commissioner for a term of five years.

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


Mr. Gallaway (Parliamentary Secretary to the Leader of the Government in the House of Commons) , seconded by Mr. Adams (Peterborough) , moved, — That the 25th Report of the Standing Committee on Procedure and House Affairs, presented on Tuesday, April 27, 2004, be concurred in.

Debate arose thereon.

Royal Assent

A message was received informing the Commons that on April 29, 2004, at 9:50 a.m., Her Excellency the Governor General signified royal assent by written declaration to the following Bills:

Bill C-21, An Act to amend the Customs Tariff — Chapter No. 13;

Bill C-250, An Act to amend the Criminal Code (hate propaganda) — Chapter No. 14.

Presenting Petitions

By unanimous consent, petitions certified correct by the Clerk of Petitions were presented as follows:

— by Mr. Cardin (Sherbrooke) , three concerning passports (Nos. 373-0781 to 373-0783).

Motions

The House resumed consideration of the motion of Mr. Gallaway (Parliamentary Secretary to the Leader of the Government in the House of Commons) , seconded by Mr. Adams (Peterborough) , — That the 25th Report of the Standing Committee on Procedure and House Affairs, presented on Tuesday, April 27, 2004, be concurred in.

The debate continued.

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

Presenting Petitions

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

— by Mr. Szabo (Mississauga South) , one concerning stem cell research (No. 373-0784) and one concerning marriage (No. 373-0785).

Questions on Order Paper

Mr. Gallaway (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answer to question Q-73 on the Order Paper and supplementary answers to questions Q-46 and Q-47.


Pursuant to Standing Order 39(7), Mr. Gallaway (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the return to the following question made into an Order for Return:

Q-42 — Mr. Duncan (Vancouver Island North) — How much money has the government transferred to the Métis Nation of Ontario each fiscal year for the period 1994-2003? — Sessional Paper No. 8555-373-42.

Government Orders

The Order was read for the third reading of Bill C-9, An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa).

Ms. Sgro (Minister of Citizenship and Immigration) for Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) , seconded by Ms. Carroll (Minister for International Cooperation) , moved, — That the Bill be now read a third time and do pass.

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 Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) , seconded by Ms. Carroll (Minister for International Cooperation) , — That Bill C-9, An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa), be now read a third time and do pass.

The debate continued.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, May 4, 2004, at the expiry of the time provided for Oral Questions.


The House resumed consideration of the motion of Mr. Cotler (Minister of Justice) , seconded by Ms. Bennett (Minister of State (Public Health)) , — That Bill C-12, An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act, be now read a third time and do pass;

And of the amendment of Mr. Casson (Lethbridge) , seconded by Mr. Duncan (Vancouver Island North) , — That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-12, An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act, be not now read a third time but be referred back to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness for the purpose of reconsidering all of its clauses, with the view to eliminate loopholes identified by the nation's most notorious child pornographer, Robin Sharpe.”.

The debate continued.

The question was put on the amendment and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, May 4, 2004, at the expiry of the time provided for Oral Questions.


The House resumed consideration at report stage of Bill C-23, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts, as reported by a committee;

And of the motions in Group No. 1 (Motions Nos. 1, 2, 11 to 16 and 18).


Group No. 1

Motion No. 1 of Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , — That Bill C-23, in Clause 2, be amended

(a) by replacing lines 1 and 2 on page 3 with the following:

““first nation” means

(a) in any provision of Part 5, a band; and

(b) in any other provision, a band named in the schedule.”

(b) by adding after line 4 on page 4 the following:

“(3) At the request of the council of a band, the Governor in Council may, by order, amend the schedule by adding, deleting or changing the name of the band.”

Motion No. 2 of Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , — That Bill C-23 be amended by adding after line 34 on page 11 the following new clause:

    “13.1 Paragraphs 83(1)(a) and (d) to (g) and section 84 of the Indian Act and any regulations made under paragraph 73(1)(m) of that Act do not apply to a first nation.”

Motion No. 11 of Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , — That Bill C-23, in Clause 141, be amended by replacing lines 21 to 23 on page 60 with the following:

    “141. (1) By-laws made by a first nation under paragraph 83(1)(a), or any of paragraphs 83(1)(d) to (g), of the Indian Act that are in force on the day on which the name of the first nation is added to the schedule are”

Motion No. 12 of Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , — That Bill C-23 be amended by deleting Clause 148.

Motion No. 13 of Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , — That Bill C-23 be amended by deleting Clause 149.

Motion No. 14 of Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , — That Bill C-23 be amended by deleting Clause 150.

Motion No. 15 of Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , — That Bill C-23 be amended by deleting Clause 150.1.

Motion No. 16 of Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , — That Bill C-23, in Clause 151, be amended

(a) by replacing line 35 on page 62 with the following:

“the Indian Act before paragraph (a) is replaced by”

(b) by replacing line 39 on page 62 with the following:

“province, but subject to section 83 and”

Motion No. 18 of Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Mr. Keyes (Minister of National Revenue and Minister of State (Sport)) , — That Bill C-23, in Schedule, be amended by adding after line 8 on page 70 the following:

    “SCHEDULE

    (Subsections 2(1) and (3))”

The debate continued on the motions in Group No. 1.

The question was put on Motion No. 1 and it was agreed to on division.

Accordingly, Motions Nos. 2, 11 to 16 and 18 were also agreed to on division.


Group No. 2

Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Ms. Frulla (Minister of Social Development) , moved Motion No. 3, — That Bill C-23, in Clause 30, be amended

(a) by replacing lines 19 to 31 on page 16 with the following:

“30. (1) The Commission shall not approve a law made under paragraph 4(1)(d) for financing capital infrastructure for the provision of local services on reserve lands unless

(a) the first nation has obtained and forwarded to the Commission a certificate of the First Nations Financial Management Board under subsection 48(3); and

(b) the first nation has unutilized borrowing capacity.

(2) On approving a law made by a first nation under paragraph 4(1)(d) for financing capital infrastructure for the provision of local services on reserve lands, the Commis-”

(b) by replacing line 7 on page 17 with the following:

“under paragraph 4(1)(d) for financing capital infrastructure for the provision of local services on reserve lands, the Commission”

Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Ms. Frulla (Minister of Social Development) , moved Motion No. 4, — That Bill C-23, in Clause 31, be amended by replacing, in the French version, line 32 on page 17 with the following:

    “parties ou des articles 138 ou 138.1 ou qu'un”

Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Ms. Frulla (Minister of Social Development) , moved Motion No. 5, — That Bill C-23, in Clause 34, be amended

(a) by replacing line 38 on page 19 with the following:

“for in those regulations;”

(b) by replacing line 2 on page 20 with the following:

“plaint; and

(d) delegate any of the powers of the Commission under section 29 or 31 to one or more commissioners.”

Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Ms. Frulla (Minister of Social Development) , moved Motion No. 6, — That Bill C-23, in Clause 83, be amended by adding after line 8 on page 39 the following:

    “(4) The capital of the credit enhancement fund may be used

    (a) to temporarily offset any shortfalls in the debt reserve fund; and

    (b) for any other purpose prescribed by regulation.”

Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Ms. Frulla (Minister of Social Development) , moved Motion No. 7, — That Bill C-23, in Clause 87, be amended by replacing line 7 on page 41 with the following:

    “graphs 83(3)(c) and (4)(b) and 85(2)(f);”

Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Ms. Frulla (Minister of Social Development) , moved Motion No. 8, — That Bill C-23, in Clause 103, be amended by replacing, in the French version, lines 37 to 44 on page 44 with the following:

    “statistiques pouvant porter sur tout ou partie des sujets ci-après en ce qui a trait aux premières nations, aux terres de réserve, aux Indiens, aux autres membres des premières nations, aux membres d'autres groupes autochtones, ainsi qu'aux autres personnes qui résident sur les terres de réserve et les terres d'autres groupes autochtones :”

Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Ms. Frulla (Minister of Social Development) , moved Motion No. 9, — That Bill C-23, in Clause 105, be amended by replacing, in the French version, lines 11 to 13 on page 46 with the following:

    “documents ou archives relatifs aux premières nations, aux Indiens ou autres membres des premières nations ou aux membres d'autres”

Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Ms. Frulla (Minister of Social Development) , moved Motion No. 10, — That Bill C-23, in Clause 105, be amended by replacing, in the French version, lines 24 to 27 on page 46 with the following:

    “ne morale mentionnés au paragraphe (1) ne sont toutefois pas tenus de communiquer un renseignement dont ils peuvent ou doivent refuser la communication en vertu d'une loi fédérale ou qui est”

Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Mitchell (Minister of Indian Affairs and Northern Development) , seconded by Ms. Frulla (Minister of Social Development) , moved Motion No. 17, — That Bill C-23, in Clause 154, be amended by replacing from line 29 on page 63 to line 4 on page 70 with the following:

    “154. (1) On the later of the coming into force of section 8 of the Public Service Modernization Act and subsection 58(1) of this Act, subsection 58(1) of the English version of this Act is replaced by the following:

    58. (1) The Authority is not an agent of Her Majesty or a Crown corporation within the meaning of the Financial Administration Act, and its officers and employees are not part of the federal public administration.

    (2) On the later of the coming into force of section 8 of the Public Service Modernization Act and subsection 113(1) of this Act, subsection 113(1) of the English version of this Act is replaced by the following:

    113. (1) The officers and employees of an institution are not part of the federal public administration.”

Debate arose on the motions in Group No. 2.

The question was put on Motion No. 3 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 4 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motions Nos. 8 to 10 and 17, was deferred.

The question was put on Motion No. 5 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 6 and it was agreed to on division.

Accordingly, Motion No. 7 was also agreed to on division.

Pursuant to Standing Order 76.1(8), the House proceeded to the taking of the deferred recorded divisions.

Pursuant to Standing Order 45, the recorded divisions were further deferred until Tuesday, May 4, 2004, at the expiry of the time provided for Oral Questions.


The Order was read for the second reading and reference to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness of Bill C-29, An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts.

Pursuant to Standing Order 73(1), Ms. Robillard (Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec) for Mr. Cotler (Minister of Justice) , seconded by Mr. Owen (Minister of Public Works and Government Services) , moved, — That the Bill be referred forthwith to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness.

Debate arose thereon.

Motions

By unanimous consent, it was ordered, — That Motions Nos. 3, 4 and 5 at report stage of Bill C-23, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts, be deemed agreed to on division and that the motion for concurrence at report stage be deemed moved, the question deemed put, and a recorded division deemed requested and deferred until Tuesday, May 4, 2004, at the expiry of the time provided for Oral Questions.

Accordingly, Motions Nos. 8 to 10 and 17 were also agreed to on division.

Government Orders

The House resumed consideration of the motion of Mr. Cotler (Minister of Justice) , seconded by Mr. Owen (Minister of Public Works and Government Services) , — That Bill C-29, An Act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts, be referred forthwith to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness.

The debate continued.

Private Members' Business

At 5:30 p.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, Human Rights, Public Safety and Emergency Preparedness of Bill C-450, An Act to amend the Marriage (Prohibited Degrees) Act in order to protect the legal definition of “marriage” by invoking section 33 of the Canadian Charter of Rights and Freedoms.

Mr. Pankiw (Saskatoon—Humboldt) , seconded by Mr. Epp (Elk Island) , moved, — That the Bill be now read a second time and referred to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness.

Debate arose thereon.

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

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. Efford (Minister of Natural Resources) — Report of the Nuclear Waste Management Organization, together with the Auditors' Report, for the year ended December 31, 2003, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, sbs. 19(1). — Sessional Paper No. 8560-373-808-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources)

Adjournment Proceedings

At 6:14 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.

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