FAAE Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
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Minutes of Proceedings
The witnesses 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) and of the Preamble was postponed.
The Chair called Clause 2.
On Clause 2,
Robert Oliphant moved, — That Bill C-219, in Clause 2, be amended by replacing line 10 on page 2 to line 13 on page 3 with the following:“cludes an outline of the measures that the Government of Canada has taken to advance human rights — and support prisoners of conscience and human rights defenders — internationally as part of Canada’s foreign policy.
(5) The Minister must publish the first report under subsection (4) within 12 months after the day on which this subsection comes into force.”
After debate, the question was put on the amendment of Robert Oliphant and it was agreed to on division.
Clause 2, as amended, carried.
Clause 3 carried.
On Clause 4,
Robert Oliphant moved, — That Bill C-219, in Clause 4, be amended(a) by replacing line 1 on page 4 with the following:
“4 (1) Paragraph 4(2)(a) of the Act is replaced by the following:
(a) a foreign national is responsible for, or complicit in, gross violations of internationally recognized human rights;
(2) Subsection 4(2) of the Act is amended by strik‐”
(b) by adding after line 6 on page 4 the following:
“(f) a foreign national has engaged in activities that undermine or are likely to undermine international peace, security or stability.”
The question was put on the amendment of Robert Oliphant and it was agreed to.
Clause 4, as amended, carried.
On Clause 5,
Michael D. Chong moved, — That Bill C-219, in Clause 5, be amended by adding after line 17 on page 4 the following:“4.02 (1) For the purpose of section 4.01, immediate family member means, in respect of a foreign national,
(a) the foreign national’s spouse or common-law partner;
(b) the foreign national’s father and mother and the spouse or common-law partner of the father or mother;
(c) the foreign national’s children and the children of the foreign national’s spouse or common-law partner;
(d) the foreign national’s grandchildren;
(e) the foreign national’s brothers and sisters;
(f) the foreign national's grandfathers and grandmothers;
(g) the father and mother of the spouse or common-law partner of the foreign national and the spouse or common-law partner of the father or mother; and
(h) any relative of the foreign national who resides permanently with the foreign national or with whom the foreign national permanently resides.
(2) In this section, common-law partner means a person who has been cohabiting with a foreign national in a conjugal relationship for at least one year, or who had been so cohabiting with the foreign national for at least one year immediately before the foreign national’s death.”
After debate, the question was put on the amendment of Michael D. Chong and it was negatived.
Clause 5 was negatived.
On Clause 6,
Robert Oliphant moved, — That Bill C-219, in Clause 6, be amended(a) by replacing line 20 on page 4 with the following:
“4.4 (1) Within 24 months of the seizure or restraint of private”
(b) by replacing line 22 on page 4 with the following:
“the Minister must apply for forfeiture of the private property un‐”
(c) by replacing line 24 on page 4 with the following:
“(2) The Minister must dispose of the private property forfeited”
After debate, the question was put on the amendment of Robert Oliphant and it was agreed to on division.
“(3) Subsections (1) and (2) do not apply in cases in respect of which legal proceedings are ongoing.”
The question was put on the amendment of Robert Oliphant and it was agreed to.
Clause 6, as amended, carried.
On Clause 7,
Robert Oliphant moved, — That Bill C-219, in Clause 7, be amended by deleting line 32 on page 4 to line 29 on page 5.After debate, the question was put on the amendment of Robert Oliphant and it was agreed to on division.
Clause 7, as amended, carried.
Clause 8 was negatived.
After debate, Clause 9 was negatived.
On new Clause 9.1,
Michael D. Chong moved, — That Bill C-219 be amended by adding after line 19 on page 6 the following new clause:“9.1 Paragraph 11b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than three years, or to both.”
After debate, the question was put on the amendment of Michael D. Chong and it was agreed to.
After debate, Clause 10 was negatived.
On Clause 11,
Robert Oliphant moved, — That Bill C-219, in Clause 11, be amended by replacing lines 29 and 30 on page 6 with the following:“1 This Act may be cited as the Global Sanctions and Special Economic Measures Act (Sergei Magnitsky Law No. 2).”
After debate, the question was put on the amendment of Robert Oliphant and it was agreed to.
Clause 11, as amended, carried.
Clause 12 carried.
On new Clause 12.1,
Robert Oliphant moved, — That Bill C-219 be amended by adding after line 11 on page 7 the following new clause:“12.1 Section 3.1 of the Act is replaced by the following:
3.1 The purpose of this Act is to enable the Government of Canada to take economic measures against certain persons in circumstances where an international organization of states or association of states of which Canada is a member calls on its members to do so, international peace, security or stability has been undermined or is likely to be undermined, gross and systematic human rights violations have been committed in a foreign state or acts of significant corruption involving a national of a foreign state have been committed.”
After debate, the question was put on the amendment of Robert Oliphant and it was agreed to.
On Clause 13,
Robert Oliphant moved, — That Bill C-219, in Clause 13, be amended(a) by replacing lines 12 to 20 on page 7 with the following:
“13 (1) Paragraph 4(1)(a) of the Act is replaced by the following:
(a) make any orders or regulations with respect to the restriction or prohibition of any of the activities referred to in subsection (2) that the Governor in Council considers necessary; and
(1.1) Paragraph 4(1.1)(b) of the Act is replaced by the following:
(b) international peace, security or stability has been undermined or is likely to be undermined;”
(b) by adding after line 25 on page 7 the following:
“(3) The portion of subsection 4(2) of the English version of the Act before paragraph (a) is replaced by the following:
(2) Orders and regulations may be made under paragraph (1)(a) with respect to the restriction or prohibition of any of the following activities, whether carried out in or outside Canada:”
The question was put on the amendment of Robert Oliphant and it was agreed to.
Clause 13, as amended, carried.
On Clause 14,
Michael D. Chong moved, — That Bill C-219, in Clause 14, be amended by adding after line 35 on page 7 the following:“4.2 (1) For the purpose of section 4.1, immediate family member means, in respect of a person,
(a) the person’s spouse or common-law partner;
(b) the person’s father and mother and the spouse or common-law partner of the father or mother;
(c) the person’s children and the children of the person’s spouse or common-law partner;
(d) the person’s grandchildren;
(e) the person’s brothers and sisters;
(f) the person's grandfathers and grandmothers;
(g) the father and mother of the spouse or common-law partner of the person and the spouse or common-law partner of the father or mother; and
(h) any relative of the person who resides permanently with the person or with whom the person permanently resides.
(2) In this section, common-law partner means a person who has been cohabiting with a person in a conjugal relationship for at least one year, or who had been so cohabiting with the person for at least one year immediately before the person’s death.”
After debate, the question was put on the amendment of Michael D. Chong and it was negatived.
Clause 14 was negatived.
On Clause 15,
Robert Oliphant moved, — That Bill C-219, in Clause 15, be amended(a) by replacing line 1 on page 8 with the following:
“5.6 (1) Within 24 months of the seizure or restraint of private”
(b) by replacing line 3 on page 8 with the following:
“the Minister must apply for forfeiture of the private property un‐”
(c) by replacing line 5 on page 8 with the following:
“(2) The Minister must dispose of the private property forfeited”
The question was put on the amendment of Robert Oliphant and it was agreed to on division.
“(3) Subsections (1) and (2) do not apply in cases in respect of which legal proceedings are ongoing.”
The question was put on the amendment of Robert Oliphant and it was agreed to.
Clause 15, as amended, carried.
Clause 16 was negatived.
Clause 17 was negatived.
On Clause 18,
Robert Oliphant moved, — That Bill C-219, in Clause 18, be amended by deleting lines 7 to 13 on page 9.The question was put on the amendment of Robert Oliphant and it was agreed to on division.
Clause 18, as amended, carried.
Clause 19 carried.
On Clause 20,
Robert Oliphant moved, — That Bill C-219, in Clause 20, be amended by replacing line 24 on page 9 with the following:“missible in evidence in a prosecution under this Part in re‐”
The question was put on the amendment of Robert Oliphant and it was agreed to.
Clause 20, as amended, carried.
At 4:43 p.m., the meeting was suspended.
At 5:24 p.m., the meeting resumed.
By unanimous consent, Clause 21 was allowed to stand.
By unanimous consent, Clause 22 was allowed to stand.
On Clause 23,
Michael D. Chong moved, — That Bill C-219, in Clause 23, be amended by replacing lines 6 to 20 on page 13 with the following:“23 Section 7 of the Broadcasting Act is amended by adding the following after subsection (6):
(7) The Governor in Council must, by order under subsection (1), issue to the Commission a direction that state-controlled broadcasters from foreign states that have committed grave breaches of international peace and security, transnational repression, gross and systemic human rights violations or acts of significant corruption, not be on the List of non-Canadian programming services and stations authorized for distribution.”
At 5:25 p.m., the meeting was suspended.
At 5:27 p.m., the meeting resumed.
After debate, the question was put on the amendment of Michael D. Chong and it was negatived.
Clause 23 was negatived.
Clause 24 was negatived.
At 5:45 p.m., the committee adjourned to the call of the Chair.