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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting 138
Tuesday, April 2, 2019, 3:31 p.m. to 4:07 p.m.
Video recorded session
Presiding
Ken McDonald, Chair (Liberal)

• Hon. Rob Nicholson for Mel Arnold (Conservative)
House of Commons
• Olivier Champagne, Legislative Clerk
• Ariane Gagné-Frégeau, Procedural Clerk
• Jacques Maziade, Legislative Clerk
 
Library of Parliament
• Michael Chalupovitsch, Analyst
Department of Fisheries and Oceans
• Adam Burns, Director General, Fisheries Resource Management
Department of the Environment
• Carolina Caceres, Manager, International Biodiversity, Canadian Wildlife Service
Department of Justice
• Joanne Klineberg, Senior Counsel, Criminal Law Policy Section
Pursuant to the Order of Reference of Friday, February 1, 2019, the Committee resumed consideration of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins).

Joanne Klineberg answered questions.

The Committee commenced its clause-by-clause study of the Bill.

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

The Chair called Clause 2.

On Clause 2,

Todd Doherty moved, — That Bill S-203, in Clause 2, be amended by replacing line 6 on page 2 with the following:

“jury or another state of distress or because its welfare would otherwise be jeopardized; or”

After debate, the question was put on the amendment of Todd Doherty and it was negatived on the following recorded division:

YEAS: Blaine Calkins, Todd Doherty, Rob Nicholson — 3;

NAYS: Pat Finnigan, Colin Fraser, Ken Hardie, Gord Johns, Robert J. Morrissey, Churence Rogers — 6.

Todd Doherty moved, — That Bill S-203, in Clause 2, be amended by adding after line 12 on page 2 the following:

“(d) comes to own, have the custody of or control a cetacean that is born to a cetacean that is kept in captivity and pregnant on the day on which this subsection comes into force. ”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Todd Doherty moved, — That Bill S-203, in Clause 2, be amended by replacing line 14 on page 2 with the following:

“conducting scientific research or participating in an ex situ conservation program pursuant to a licence is-”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Todd Doherty moved, — That Bill S-203, in Clause 2, be amended by replacing lines 18 to 27 on page 2 with the following:

“(4) Every one commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive cetaceans they own, have custody of or control are used for performance for entertainment purposes.

(4.1) Subsection (4) does not apply if the performance is authorized pursuant to a licence issued by the Lieutenant Governor in Council of a province or by any other person or authority in the province that may be specified by the Lieutenant Governor in Council.”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Todd Doherty moved, — That Bill S-203, in Clause 2, be amended by replacing line 18 on page 2 with the following:

“(4) Every one commits an offence who knowingly promotes, ar-”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 2 carried by a show of hands: YEAS: 5; NAYS: 1.

Clause 3 carried by a show of hands: YEAS: 6; NAYS: 1.

On Clause 4,

Todd Doherty moved, — That Bill S-203, in Clause 4, be amended by replacing, in the French version, line 8 on page 3 with the following:

“7.1 Il est interdit, sans licence délivrée en vertu du paragraphe 10(1.1) ou contrairement à celle-”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Todd Doherty moved, — That Bill S-203, in Clause 4, be amended by replacing, in the English version, line 9 on page 3 with the following:

“with a permit, im-”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 4 carried by a show of hands: YEAS: 6; NAYS: 1.

On Clause 5,

Todd Doherty moved, — That Bill S-203, in Clause 5, be amended by replacing line 23 on page 3 with the following:

“interests of the cetacean's welfare, as determined by a panel of veterinarians and marine scientists designated by the Minister of Fisheries and Oceans, to do so; or

(c) conservation efforts relating to the protection of a vulnerable species.”

After debate, the question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 5 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 6 carried by a show of hands: YEAS: 6; NAYS: 1.

On new Clause 7,

Todd Doherty moved, — That Bill S-203 be amended by adding after line 3 on page 4 the following new clause:

“Coming into Force

7 This Act comes into force on the first anniversary of the day on which it receives royal assent.”

Debate arose thereon.

Rob Nicholson moved, — That the amendment be amended by replacing all the words after the words “force on” with the words “January 1, 2021”.

The question was put on the subamendment of Rob Nicholson and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

The question was put on the amendment of Todd Doherty and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 1, Short Title, carried.

The Title carried.

The Bill carried on division.

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

At 4:07 p.m., the Committee adjourned to the call of the Chair.



Nancy Vohl
Clerk of the Committee