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MINUTES OF PROCEEDINGS
 
Meeting No. 38
 
Tuesday, October 19, 2010
 

The Standing Committee on Industry, Science and Technology met at 11:00 a.m. this day, in Room C-110, 1 Wellington, the Chair, David Sweet, presiding.

 

Members of the Committee present: Robert Bouchard, Peter Braid, Gordon Brown, Serge Cardin, Marc Garneau, Mike Lake, Brian Masse, Hon. Dan McTeague, Anthony Rota, David Sweet, Dave Van Kesteren and Mike Wallace.

 

Acting Members present: Derek Lee for Anthony Rota.

 

In attendance: Library of Parliament: Dillan Theckedath, Analyst; Mathieu Frigon, Analyst. House of Commons: Mike MacPherson, Legislative Clerk.

 

Witnesses: Department of Industry: Carl Cotton, Manager, Legislative and Regulatory Affairs Division, Program Development Directorate, Measurement Canada; André Gagné, Senior Program Officer, Legislative and Regulatory Affairs, Measurement Canada; Alexia Taschereau, Senior Counsel, Legal Services.

 
Pursuant to the Order of Reference of Thursday, May 13, 2010, the Committee commenced consideration of Bill C-14, An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act.
 

The witnesses made statements and answered questions.

 

At 11:22 a.m., the sitting was suspended.

At 11:26 a.m., the sitting resumed.

 

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

The Chair called Clause 2.

 

Clause 2 carried.

 

Clause 3 carried.

 

Clause 4 carried.

 

On Clause 5,

Dan McTeague moved, — That Bill C-14, in Clause 5, be amended by adding after line 14 on page 2 the following:

“(3.1) The Minister shall ensure that all inspectors and all persons designated as inspectors are trained in the same manner and that all measurements made by inspectors and by persons designated as inspectors are conducted uniformly.”

Debate arose thereon.

 

Anthony Rota moved, — That the amendment be amended by adding after the word “uniformly” the following:

“and for greater certainty in each particular sector”

Debate arose thereon.

 

The question was put on the subamendment of Anthony Rota and it was negatived on the following recorded division: YEAS: Marc Garneau, Dan McTeague, Anthony Rota — 3; NAYS : Robert Bouchard, Peter Braid, Gordon Brown, Serge Cardin, Mike Lake, Dave Van Kesteren, Mike Wallace — 7.

 

The question was put on the amendment of Dan McTeague and it was negatived on the following recorded division: YEAS: Marc Garneau, Dan McTeague, Anthony Rota — 3; NAYS: Robert Bouchard, Peter Braid, Gordon Brown, Serge Cardin, Mike Lake, Dave Van Kesteren, Mike Wallace — 7.

 

Clause 5 carried on division.

 

By unanimous consent the Committee proceeded to the consideration of Clause 16.

 

On Clause 16,

Dan McTeague moved, — That Bill C-14, in Clause 16, be amended by adding after line 15 on page 14 the following:

“(1.1) The Minister shall ensure that, for each particular sector, all persons designated under subsection (1) are trained and qualified in the same manner and that all examinations made by these persons are conducted consistently.”

Debate arose thereon.

 

Brian Masse moved, — That the amendment be amended by replacing the word “certified” with the word “qualified”.

 

After debate, the question was put on the subamendment of Brian Masse and it was agreed to.

 

Mike Lake moved, — That the amendment be further amended by replacing all the words after the word “that” with the words “, for each particular sector, all persons designated under subsection (1) are trained and qualified in the same manner and that all examinations made by these persons are conducted consistently.”

 

After debate, the question was put on the subamendment of Mike Lake and it was agreed to on the following recorded division: YEAS: Robert Bouchard, Peter Braid, Serge Cardin, Marc Garneau, Mike Lake, Brian Masse, Dan McTeague, Anthony Rota — 8; NAYS: Gordon Brown, Dave Van Kesteren, Mike Wallace — 3.

 

After debate, the question was put on the amendment of Dan McTeague, as amended, and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

 

Clause 16, as amended, carried on division.

 

By unanimous consent the Committee reverted to the consideration of Clause 6.

 

On Clause 6,

Dan McTeague moved, — That Bill C-14, in Clause 6, be amended by replacing line 12 on page 3 with the following:

“provision designated under paragraph 29.1 (a), and who fails to remedy the contravention within 30 days,”

Debate arose thereon.

 

The question was put on the amendment of Dan McTeague and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

 

By unanimous consent, Clauses 6 to 15 carried severally on division.

 

Clause 17 carried on division.

 

Clause 18 carried on division.

 

On Clause 19,

Dan McTeague moved, — That Bill C-14, in Clause 19, be amended by replacing line 15 on page 18 with the following:

“provision designated under paragraph 22(a), and who fails to remedy the contravention within 30 days,”

 

The question was put on the amendment of Dan McTeague and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

 

By unanimous consent, Clauses 19 to 29 carried severally on division.

 

On New Clause 29.1,

Dan McTeague moved, — That Bill C-14 be amended by adding after line 35 on page 30 the following new clause:

“29.1 (1) The Minister of Industry must complete a review of the provisions and the operation of this Act within five years after it receives royal assent.

(2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.”

Debate arose thereon.

 

After debate, the question was put on the amendment of Dan McTeague and it was agreed to.

 

Clause 30 carried on division.

 

On Clause 1,

Dan McTeague moved, — That Bill C-14, in Clause 1, be amended by replacing lines 4 and 5 on page 1 with the following:

“1. This Act may be cited as the Consumer Confidence in Measurements Act.”

 

RULING BY THE CHAIR

The amendment seeks to amend the short title of the bill.

As House of Commons Procedure and Practice, Second Edition, states on pages 770-771:

“The title may be amended only if the bill has been so altered as to necessitate such an amendment.”

In the opinion of the Chair, there have been no amendments requiring a change to the bill’s title and the amendment is therefore inadmissible.

 

Whereupon, Dan McTeague appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Peter Braid, Gordon Brown, Mike Lake, Brian Masse, Dave Van Kesteren, Mike Wallace — 6; NAYS: Robert Bouchard, Serge Cardin, Marc Garneau, Dan McTeague, Anthony Rota — 5.

 

The Short Title carried on division.

 

The Title carried.

 

The Bill, as amended, carried on division.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-14, as amended, be reprinted for the use of the House at report stage.

 

At 12:54 p.m., the Committee adjourned to the call of the Chair.

 



Michelle Tittley
Clerk of the Committee

 
 
2010/11/04 2:34 p.m.