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FINA Committee Report

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In accordance with its Order of Reference of Tuesday, April 30, 2019, your Committee has considered Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures, and agreed on Tuesday, May 28, 2019, to report it with the following amendments:
Clause 43

That Bill C-97, in Clause 43, be amended by replacing line 28 on page 36 with the following:

“(b) is designated at that time by the Minister and, for this purpose, the Minister shall take into account any recommendations of a body established for”

Clause 53

That Bill C-97, in Clause 53, be amended by replacing line 20 on page 50 with the following:

“has a battery capacity of at least 7 kWh; and”

Clause 111

That Bill C-97, in Clause 111, be amended by replacing line 30 on page 82 to line 4 on page 83 with the following:

“73.‍22 In the following cases, the Centre shall make public, as soon as feasible, the nature of the violation or the default, as the case may be, the name of the person or entity and the amount of the applicable penalty:

(a) a person or entity is deemed to have committed a violation under subsection 73.‍15(1) or (3);

(b) a person or entity is served with a notice of a decision made under subsection 73.‍15(2) indicating that they have committed a violation;

(c) a person or entity enters into a compliance agreement with the Centre;

(d) a person or entity is issued a notice of default in respect of a compliance agreement they have entered into with the Centre and they

(i)  pay the amount they are liable to pay under subsection 73.‍18(1),

(ii) are served with a notice of a decision made under subsection 73.‍19(2) confirming the Centre’s decision that the compliance agreement has not been complied with, or

(iii) are deemed under subsection 73.‍19(3) to have not complied with the compliance agreement.”

Clause 217

That Bill C-97, in Clause 217, be amended by

(a)  replacing line 3 on page 148 with the following:

“Minister may, at any time before the decision statement is made public under subsection 28(5), expand the scope of the re-evaluation or”

(b)  adding after line 6 on page 148 the following:

“(8)  If the Minister expands the scope of a re-evaluation or special review under subsection (7) after the consultation statement relating to the re-evaluation or special review has been made public under subsection 28(2), the Minister shall make public a new or amended consultation statement under that subsection that takes into account the aspect referred to in subsection (7).”

Clause 218

That Bill C-97, in Clause 218, be amended by adding after line 29 on page 148 the following:

“17.‍2 The Minister shall make public each of the following decisions and the reasons for it:

(a) a decision made under subsection 17(7) to expand the scope of a re-evaluation or special review to include an aspect that would otherwise prompt a new special review under subsection 17(2);

(b) a decision made under subsection 17.‍1(1) or (2) not to initiate a special review in relation to an aspect that would otherwise prompt such a review under subsection 17(2).”

Clause 222

That Bill C-97, in Clause 222, be amended by adding after line 7 on page 150 the following:

“(2.‍1) In carrying out its mandate, the Management Advisory Board shall consider the impact of its advice on women, men and gender-diverse people by taking into account the intersection of sex and gender with other identity factors.”

That Bill C-97, in Clause 222, be amended by adding after line 19 on page 150 the following:

“(2.‍1) When recommending members, the Minister shall consider the importance of having a Management Advisory Board that is representative of the diversity of Canadian society and that is comprised of members who have the experience and the capacity required to carry out the Board’s mandate.”

New Clause 308.1

That Bill C-97 be amended by adding after line 30 on page 279 the following:

“308.‍1  The Act is amended by adding the following after section 113:

113.‍01 Unless the application is allowed without a hearing, a hearing must, despite paragraph 113(b), be held in the case of an applicant for protection whose claim for refugee protection has been determined to be ineligible solely under paragraph 101(1)‍(c.‍1).”

Clause 310

That Bill C-97, in Clause 310, be amended by adding after line 2 on page 281 the following:

“(e)  section 113.‍01 of the Immigration and Refugee Protection Act is replaced by the following:

113.‍01 Unless the application is allowed without a hearing, a hearing must, despite paragraphs 113(b.‍1) and (b.‍3), be held in the case of an applicant for protection whose claim for refugee protection has been determined to be ineligible solely under paragraph 101(1)‍(c.‍1).”

Clause 313

That Bill C-97, in Clause 313, be amended by

(a) replacing lines 10 to 15 on page 283 with the following:

“(a) recognize that the right to adequate housing is a fundamental human right affirmed in international law;

(b) recognize that housing is essential to the inherent dignity and well-being of the person and to building sustainable and inclusive communities;

(c) support improved housing outcomes for the people of Canada; and

(d) further the progressive realization of the right to”

(b) replacing lines 18 and 19 on page 283 with the following:

“5 (1) The Minister must develop and maintain a national housing strategy to further the housing policy, taking into account key principles of a human rights-based approach to housing.”

(c) replacing lines 8 to 10 on page 284 with the following:

“tives, timelines and desired outcomes;”

(d) replacing lines 19 to 22 on page 284 with the following:

“Council, is established for the purpose of furthering the housing policy and the National Housing Strategy by

(a) providing advice to the Minister, on its own initiative or at the request of the Minister, including, among other things, on the effectiveness of the National Housing Strategy; and”

(e) adding after line 21 on page 285 the following:

“(d) persons who have expertise in human rights.”

(f) replacing lines 19 to 29 on page 288 with the following:

“the Minister for that year that

(a) provides a summary of his or her activities, any submissions received, the results of the consultations and of any analysis, research and study; and

(b) contains recommended measures — respecting matters over which Parliament has jurisdiction and that take into account the housing policy — to address systemic housing issues.”

(g) replacing lines 4 and 5 on page 289 with the following:

“each House of Parliament on any of the first 120 days after the Minister has caused the annual report to be tabled in both”

Clause 315

That Bill C-97, in Clause 315, be amended by adding after line 25 on page 289 the following:

“Whereas poverty reduction contributes to meeting Canada’s international human rights obligations, including under the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities and the Convention on the Elimination of All Forms of Discrimination against Women;”

Clause 336

That Bill C-97 be amended by adding, before line 1 on page 311, the following:

“Enactment of Act”

That Bill C-97, in Clause 336, be amended by replacing line 9 on page 311 with the following:

“relationships based on affirmation and implemen-”

That Bill C-97, in Clause 336, be amended by

(a) replacing line 9 on page 313 with the following:

“nous individuals who, and Indigenous governing bodies that, are eligible to receive those services”

(b) replacing lines 12 and 13 on page 313 with the following:

“(2) The Minister is to ensure that services with respect to the following matters are provided to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive”

(c) replacing line 16 on page 313 with the following:

“responsible — including, in the case of Indigenous individuals, services provided by Indigenous governing bodies, if applicable:”

(d) adding after line 24 on page 313 the following:

“(h.‍1) governance; and”

That Bill C-97, in Clause 336, be amended by replacing lines 33 and 34 on page 313 with the following:

“(b) in accordance with any agreements respecting the transfer of responsibilities that are entered into under section 9, take the appropriate measures to give effect to the gradual transfer to”

That Bill C-97, in Clause 336, be amended by replacing line 18 on page 316 with the following:

“(a) the socio-economic gaps between First Nations individuals, Inuit, Métis indi-”

New Clause 336.1

That Bill C-97 be amended by adding after line 22 on page 316 the following:

“Coming into Force

336.‍1 This Subdivision comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019.”

Clause 337

That Bill C-97 be amended by adding, before line 23 on page 316, the following:

“Enactment of Act”

That Bill C-97, in Clause 337, be amended by replacing line 32 on page 316 with the following:

“relationships based on affirmation and implemen-”

That Bill C-97, in Clause 337, be amended by adding after line 13 on page 317 the following:

“recognizes and implements treaties concluded between the Crown and Indigenous peoples,”

That Bill C-97, in Clause 337, be amended by

(a) replacing line 6 on page 319 with the following:

“Canada in relation to the affirmation and implementa-”

(b) replacing line 11 on page 319 with the following:

“(b) negotiating treaties and other agreements to advance the self-deter-”

New Clause 337.1

That Bill C-97 be amended by adding after line 29 on page 323 the following:

“Coming into Force

337.‍1 This Subdivision comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019.”

Clause 383

That Bill C-97, in Clause 383, be amended by replacing lines 1 to 3 on page 343 with the following:

“383 (1) This Subdivision, except for subsections 368(2) and 369(2) and sections 376 to 381, comes into force on a day to be fixed by order of the Governor in Council, but no later than July 15, 2019.

(2) Subsections 368(2) and 369(2) come into force on a day to be fixed by order of the Governor in Council, but that day must not be earlier than the day on which subsections 368(1) and 369(1) come into force.”

Your Committee has ordered a reprint of Bill C-97, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 206 to 216) is tabled.