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Monday, October 25, 2010 (No. 86)


Report Stage of Bills

Bill C-3
An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs)

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

      Group No. 1 -- Motions Nos. 1 and 2.
Statement and selection by Speaker — see Debates of May 25, 2010.

Resuming Debate

Group No. 1
Motion No. 1 — Question put separately.
Motion No. 2 — Question put separately.
Motion No. 1 — May 25, 2010 — Mr. Strahl (Minister of Indian Affairs and Northern Development, Federal Interlocutor for Métis and Non-Status Indians and Minister of the Canadian Northern Economic Development Agency), seconded by Mr. Blackburn (Minister of Veterans Affairs and Minister of State (Agriculture)), — That Bill C-3, in Clause 3.1, be amended by

(a) replacing line 10 on page 3 with the following:

“3.1 (1) The Minister of Indian Affairs and Northern Development shall cause to be laid”

(b) replacing lines 13 to 15 on page 3 with the following:

“force, a report on the provisions and implementation of this Act.”

(c) replacing lines 22 and 23 on page 3 with the following:

“review of any provision of this Act.”

Motion No. 2 — May 25, 2010 — Mr. Strahl (Minister of Indian Affairs and Northern Development, Federal Interlocutor for Métis and Non-Status Indians and Minister of the Canadian Northern Economic Development Agency), seconded by Mr. Blackburn (Minister of Veterans Affairs and Minister of State (Agriculture)), — That Bill C-3 be amended by restoring Clause 9 as follows:

“9. For greater certainty, no person or body has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty, or a council of a band, for anything done or omitted to be done in good faith in the exercise of their powers or the performance of their duties, only because

(a) a person was not registered, or did not have their name entered in a Band List, immediately before the day on which this Act comes into force; and

(b) one of the person’s parents is entitled to be registered under paragraph 6(1)(c.1) of the Indian Act, as enacted by subsection 2(3).”


Bill C-300
An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

      Group No. 1 -- Motions Nos. 1 to 16.
Statement and selection by Speaker — see Debates of September 20, 2010.

Resuming Debate

Group No. 1
Motion No. 2 -- Question put separately.
Motion No. 3 -- Question put separately.
Motion No. 4 -- Question put separately.
Motion No. 5 -- Question put separately.
Motion No. 6 -- Question put separately. Its vote also applies to Motion No. 8.
Motion No. 1 -- Question put only if Motion No. 6 is agreed.
Motion No. 7 -- Question put separately.
Motion No. 9 -- Question put separately.
Motion No. 10 -- Question put separately.
Motion No. 11 -- Question put separately.
Motion No. 12 -- Question put separately.
Motion No. 13 -- Question put separately.
Motion No. 14 -- Question put separately.
Motion No. 15 -- Question put separately.
Motion No. 16 -- Question put separately.
Motion No. 1 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300 be amended by replacing, in the English version, the long title on page 1 with the following:

“An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas Corporations in Developing Countries”

Motion No. 2 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 2, be amended by replacing lines 9 to 11 on page 1 with the following:

““corporation” means any company or legal person incorporated by or under an Act of Parliament or of any province, and includes holding or subsidiary companies of the corporation.”

Motion No. 3 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 2, be amended by replacing, in the French version, lines 10 to 13 on page 1 with the following:

“Opérations de recherche, notamment par forage, de production, de rationalisation de l'exploitation, de transformation et de transport de ressources minérales, de pétrole ou de gaz, réalisées dans le territoire d'un”

Motion No. 4 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 2, be amended by replacing lines 12 to 16 on page 1 with the following:

““developing countries” means countries classified as low income, lower middle income or upper middle income in the World Bank list of economies, as amended from time to time.”

Motion No. 5 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 3, be amended by replacing, in the French version, line 34 on page 2 with the following:

“3. La présente loi vise à faire en sorte que les”

Motion No. 6 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 4, be amended by replacing, in the English version, lines 3 and 4 on page 3 with the following:

“receive complaints regarding Canadian corporations engaged in mining, oil or gas activities”

Motion No. 7 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 4, be amended by replacing lines 22 and 23 on page 3 with the following:

“ister who receives the complaint shall consider any relevant information provided by the corporation or the”

Motion No. 8 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 4, be amended by replacing, in the English version, line 27 on page 3 with the following:

“that a corporation has contravened a guideline set”

Motion No. 9 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 4, be amended by replacing line 32 on page 3 with the following:

“undertaken pursuant to this section, which shall include a determination regarding the corporation’s compliance with the guidelines set out in section 5 and the Ministers' basis for any finding, within eight”

Motion No. 10 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 4, be amended by replacing lines 39 to 44 on page 3 with the following:

“(8) If a corporation is found by a Minister to have contravened a guideline referred to in section 5, the corporation shall have six months, from the date of publication of the Minister’s finding, to bring itself into compliance. During that period, no adverse steps resulting from that breach of compliance shall be taken against the corporation by Export Development Canada pursuant to section 10.2 of the Export Development Act or by the Department of Foreign Affairs and International Trade pursuant to section 10 of the Department of Foreign Affairs and International Trade Act.

(8.1) The Ministers shall publish in the Canada Gazette their findings regarding compliance with the guidelines within a period of 30 days after the conclusion of the grace period provided for in subsection (8).

(8.2) If, at the end of that grace period, the corporation remains in contravention of a guideline, as determined by the Ministers, the Ministers shall, within a period of 30 days, notify the President of Export Development Canada and the Chairperson of the Canada Pension Plan Investment Board that the corporation’s mining, oil or gas activities are inconsistent with the guidelines referred to in section 5.

(8.3) If a corporation found to be in contravention of a guideline at the end of the grace period provided for in subsection (8) subsequently undertakes corrective actions, the corporation may request the Ministers to review the results of those actions and make a determination regarding compliance with the guidelines. The request shall be made in writing and shall include such information as is required to determine compliance with the guidelines.

(8.4) Subsections (3), (4), (6) and (7) apply to a request for review provided under subsection (8.3) as if it were a complaint.

(8.5) If the Ministers determine through a review that the corporation remains in contravention of a guideline, the Ministers shall notify the President of Export Development Canada and the Chairperson of the Canada Pension Plan Investment Board that the corporation’s mining, oil or gas activities are inconsistent with the guidelines referred to in section 5.”

Motion No. 11 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 4, be amended by adding after line 12 on page 4 the following:

“(11) Every investment manager who invests the assets of the Canada Pension Plan Investment Board pursuant to the Canada Pension Plan Investment Board Act shall take into account the results of examinations and reviews undertaken pursuant to this section.”

Motion No. 12 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 5, be amended by replacing line 17 on page 4 with the following:

“(2) The guidelines shall be substantially consistent with:”

Motion No. 13 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 5, be amended by replacing lines 18 to 23 on page 4 with the following:

“(a) the IFC's

(i) Policy on Social and Environmental Sustainability,

(ii) Performance Standards on Social and Environmental Sustainability and Guidance Notes to those standards,

(iii) applicable Industry Sector Guidelines, and

(iv) General Environmental, Health and Safety Guidelines;”

Motion No. 14 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 8, be amended by replacing line 36 on page 5 with the following:

“enter into or renew a transaction”

Motion No. 15 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300, in Clause 9, be amended by replacing line 17 on page 6 with the following:

“functions under subsection (2)”

Motion No. 16 — September 20, 2010 — Mr. McKay (Scarborough—Guildwood), seconded by Mr. Valeriote (Guelph), — That Bill C-300 be amended by deleting Clause 10.