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41st PARLIAMENT, 1st SESSION

Journals

No. 196

Tuesday, December 11, 2012

10:00 a.m.



Prayers
Daily Routine Of Business

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

— No. 411-2242 concerning prostitution. — Sessional Paper No. 8545-411-50-07;
— Nos. 411-2277, 411-2283, 411-2286, 411-2294 and 411-2295 concerning the protection of the environment. — Sessional Paper No. 8545-411-12-15;
— No. 411-2322 concerning funding aid. — Sessional Paper No. 8545-411-8-15;
— Nos. 411-2381, 411-2430, 411-2431, 411-2435 to 411-2440 and 411-2468 to 411-2472 concerning the Criminal Code of Canada. — Sessional Paper No. 8545-411-32-29.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Toews (Minister of Public Safety), seconded by Mr. O'Connor (Minister of State), Bill C-51, An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Recommendation
(Pursuant to Standing Order 79(2))
His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act”.

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Nicholson (Minister of Justice and Attorney General of Canada) for Mr. Lebel (Minister of Transport, Infrastructure and Communities), seconded by Mr. O'Connor (Minister of State), Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.


Presenting Reports from Committees

Mr. Kerr (West Nova), from the Standing Committee on Veterans Affairs, presented the Seventh Report of the Committee, "Restoring Confidence in the Veterans Review and Appeal Board". — Sessional Paper No. 8510-411-169.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 43, 45, 47, 49, 52 to 54 and 56) was tabled.


Mr. Sorenson (Crowfoot), from the Standing Committee on Public Safety and National Security, presented the Eighth Report of the Committee (Bill S-7, An Act to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act, without amendment). — Sessional Paper No. 8510-411-170.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 59 to 63 and 65) was tabled.


Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

— by Mr. Breitkreuz (Yorkton—Melville), one concerning abortion (No. 411-2760);
— by Ms. Mathyssen (London—Fanshawe), one concerning international trade (No. 411-2761) and one concerning Old Age Security benefits (No. 411-2762);
— by Mr. Goodale (Wascana), one concerning budget measures (No. 411-2763) and fifty concerning funding aid (Nos. 411-2764 to 411-2813);
— by Mr. Scott (Toronto—Danforth), one concerning the electoral system (No. 411-2814);
— by Mr. Dion (Saint-Laurent—Cartierville), one concerning the electoral system (No. 411-2815);
— by Mr. Kellway (Beaches—East York), two concerning transportation (Nos. 411-2816 and 411-2817);
— by Mr. Lamoureux (Winnipeg North), one concerning Old Age Security benefits (No. 411-2818);
— by Ms. Ayala (Honoré-Mercier), one concerning the protection of the environment (No. 411-2819);
— by Mr. Mai (Brossard—La Prairie), one concerning the Canada Revenue Agency (No. 411-2820);
— by Ms. May (Saanich—Gulf Islands), one concerning the electoral system (No. 411-2821);
— by Mrs. Day (Charlesbourg—Haute-Saint-Charles), one concerning the protection of the environment (No. 411-2822);
— by Ms. Murray (Vancouver Quadra), one concerning climate change (No. 411-2823), two concerning the protection of the environment (Nos. 411-2824 and 411-2825), one concerning Old Age Security benefits (No. 411-2826) and two concerning navigable waters (Nos. 411-2827 and 411-2828);
— by Ms. Sims (Newton—North Delta), three concerning transportation (Nos. 411-2829 to 411-2831);
— by Ms. Nash (Parkdale—High Park), two concerning transportation (Nos. 411-2832 and 411-2833);
— by Mr. Patry (Jonquière—Alma), one concerning the protection of the environment (No. 411-2834) and one concerning transportation (No. 411-2835);
— by Mr. Choquette (Drummond), three concerning transportation (Nos. 411-2836 to 411-2838);
— by Ms. Blanchette-Lamothe (Pierrefonds—Dollard), two concerning pornography (Nos. 411-2839 and 411-2840) and one concerning Old Age Security benefits (No. 411-2841);
— by Mr. Aubin (Trois-Rivières), one concerning the protection of the environment (No. 411-2842) and two concerning transportation (Nos. 411-2843 and 411-2844);
— by Ms. Freeman (Argenteuil—Papineau—Mirabel), one concerning housing policy (No. 411-2845), one concerning transportation (No. 411-2846) and one concerning rural communities (No. 411-2847);
— by Mr. Nunez-Melo (Laval), two concerning transportation (Nos. 411-2848 and 411-2849);
— by Mr. Ravignat (Pontiac), one concerning the protection of the environment (No. 411-2850);
— by Ms. Quach (Beauharnois—Salaberry), one concerning the protection of the environment (No. 411-2851).

Questions on the Order Paper

Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answers to questions Q-1017 and Q-1036 on the Order Paper.


Pursuant to Standing Order 39(7), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the returns to the following questions made into Orders for Return:

Q-1021 — Mr. Scarpaleggia (Lac-Saint-Louis) — With regard to Public Safety Canada, what grants and contributions under $25,000 did it award from January 1, 2011, to the present, including the recipient's name, the date, the amount and the description? — Sessional Paper No. 8555-411-1021.

Q-1026 — Mr. McGuinty (Ottawa South) — With regard to Parks Canada, what grants and contributions under $25,000 did it award from January 1, 2011, to the present, including the recipient's name, the date, the amount and the description? — Sessional Paper No. 8555-411-1026.

Q-1027 — Mr. McGuinty (Ottawa South) — With regard to Natural Resources Canada, what grants and contributions under $25,000 did it award from January 1, 2011, to the present, including the recipient's name, the date, the amount and the description? — Sessional Paper No. 8555-411-1027.

Q-1028 — Mr. McGuinty (Ottawa South) — With regard to the National Capital Commission, what grants and contributions under $25,000 did it award from January 1, 2011, to the present, including the recipient's name, the date, the amount and the description? — Sessional Paper No. 8555-411-1028.

Q-1032 — Mr. McCallum (Markham—Unionville) — With regard to the Royal Canadian Mint, what are the details of all consultations it has made or conducted, since January 1, 2011, concerning the composition or weight of coins and their use in coin-operated devices, including the details of all such consultations with municipalities, giving the name of the municipality, the date on which it was consulted, and the means by which it was consulted? — Sessional Paper No. 8555-411-1032.

Q-1033 — Mr. McKay (Scarborough—Guildwood) — With regard to the Department of National Defence, what grants and contributions under $25,000 did it award from January 1, 2011, to the present, including the recipient's name, the date, the amount and the description? — Sessional Paper No. 8555-411-1033.
Messages from the Senate

A message was received from the Senate informing this House that the Senate has passed the following Bill to which the concurrence of the House is desired:

Government Orders

The House resumed consideration of the motion of Mr. MacKay (Minister of National Defence), seconded by Mr. O'Connor (Minister of State), — That Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, be now read a second time and referred to the Standing Committee on National Defence;

And of the motion of Mrs. Gallant (Renfrew—Nipissing—Pembroke), seconded by Mr. Wallace (Burlington), — That this question be now put.

The debate continued.

Motions

By unanimous consent, it was ordered, — That, notwithstanding any Standing Order or usual practice of the House, the third reading of Bill C-37, An Act to amend the Criminal Code, may be taken up in the same sitting during which the report stage of the said Bill is disposed of.

Government Orders

The House resumed consideration of the motion of Mr. MacKay (Minister of National Defence), seconded by Mr. O'Connor (Minister of State), — That Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, be now read a second time and referred to the Standing Committee on National Defence;

And of the motion of Mrs. Gallant (Renfrew—Nipissing—Pembroke), seconded by Mr. Wallace (Burlington), — That this question be now put.

The debate continued.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Wednesday, December 12, 2012, at the expiry of the time provided for Government Orders.


The Order was read for the consideration at report stage of Bill C-37, An Act to amend the Criminal Code, as reported by the Standing Committee on Justice and Human Rights without amendment.

Pursuant to Standing Order 76.1(5), the Speaker selected for debate Motion No. 1.

Ms. May (Saanich—Gulf Islands), seconded by Mr. Hyer (Thunder Bay—Superior North), moved Motion No. 1, — That Bill C-37 be amended by deleting Clause 3.

Debate arose on motion No. 1

Statements By Members

Pursuant to Standing Order 31, Members made statements.

Certificates of Election

The Speaker informed the House that the Clerk had received from the Chief Electoral Officer a certificate of the election of Mr. Murray Rankin (Victoria).

Mr. Murray Rankin (Victoria), having taken and subscribed the oath required by law, took his seat in the House.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Government Orders

The House resumed consideration at report stage of Bill C-37, An Act to amend the Criminal Code, as reported by the Standing Committee on Justice and Human Rights without amendment;

And of Motion No. 1

The debate continued on motion No. 1.

The question was put on Motion No. 1 and it was negatived on division.

Pursuant to Standing Order 76.1(9), Mr. Fast (Minister of International Trade and Minister for the Asia-Pacific Gateway) for Mr. Nicholson (Minister of Justice), seconded by Mr. Valcourt (Minister of State (Atlantic Canada Opportunities Agency) (La Francophonie)), moved, — That the Bill be concurred in at report stage.

The question was put on the motion and it was agreed to.

Accordingly, the Bill was concurred in at report stage.

Pursuant to the Order made earlier today, Mr. Fast (Minister of International Trade and Minister for the Asia-Pacific Gateway) for Mr. Nicholson (Minister of Justice), seconded by Mr. Valcourt (Minister of State (Atlantic Canada Opportunities Agency) (La Francophonie)), moved, — That the Bill be now read a third time and do pass.

Debate arose thereon.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Wednesday, December 12, 2012, at the expiry of the time provided for Government Orders.

Private Members' Business

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

The House resumed consideration at report stage of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), as reported by the Standing Committee on Finance without amendment;

And of the motions in Group No. 1 (Motions Nos. 1 to 5).

Group No. 1

Motion No. 1 of Mr. Cuzner (Cape Breton—Canso), seconded by Mr. Pacetti (Saint-Léonard—Saint-Michel), — That Bill C-377, in Clause 1, be amended by replacing line 20 on page 1 with the following:

“labour organization is a signatory and also includes activities associated with advice, commentary or advocacy provided by an employer organization in respect of labour relations activities, collective bargaining, employment standards, occupational health and safety, the regulation of trades, apprenticeship, the organization of work or any other workplace matter.”

Motion No. 2 of Mr. Cuzner (Cape Breton—Canso), seconded by Mr. Pacetti (Saint-Léonard—Saint-Michel), — That Bill C-377, in Clause 1, be amended

(a) by replacing line 8 on page 1 with the following:

““labour organization” includes

(a) a labour society

(b) by replacing line 14 on page 1 with the following:

“committee or joint board of such organizations; and

(b) an employer organization, whether or not it has responsibilities related to collective bargaining, such as a federation of employers, a contractors’ organization, a group that provides benefits to the employees of a member employer, a research agency involved in any type of research related to labour relations activities and, without limiting the generality of the foregoing, a corporate vehicle such as a society, corporation, foundation, joint council or board.”

Motion No. 3 of Mr. Hiebert (South Surrey—White Rock—Cloverdale), seconded by Mr. Adler (York Centre), — That Bill C-377, in Clause 1, be amended by :

(a) replacing lines 1 to 7 on page 2 with the following:

“(2) Every labour organization and every labour trust shall, by way of electronic filing (as defined in subsection 150.1(1)) and within six months from the end of each fiscal period, file with the Minister an information return for the year, in prescribed form and containing prescribed information.

(3) The information return referred to”

“assets — with all transactions and all disbursements, the cumulative value of which in respect of a particular payer or payee for the period is greater than $5,000, shown as separate entries along with the name of the payer and payee and setting out for each of those transactions and disbursements its purpose and description and the specific amount that has been paid or received, or that is to be paid or received, and including”

“(ii) a statement of loans exceeding $250 receivable from officers, employees, members or businesses,”

“to officers, directors and trustees, to employees with compensation over $100,000 and to persons in positions of authority who would reasonably be expected to have, in the ordinary course, access to material information about the business, operations, assets or revenue of the labour organization or labour trust, including”

“consideration provided,

(vii.1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (vii) to each of political activities, lobbying activities and other non-labour relations activities,

(viii) a statement with the aggregate amount of disbursements to”

“provided,

“(viii.1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (viii) to each of political activities, lobbying activities and other non-labour relations activities,

(ix) a statement with the aggregate amount of disbursements on”

“(xiii) a statement with the aggregate amount of disbursements on administration,

(xiv) a statement with the aggregate amount of disbursements on general overhead,

(xv) a statement with the aggregate amount of disbursements on organizing activities,

(xvi) statement with the aggregate amount of disbursements on collective bargaining activities,”

“(xix) a statement with the aggregate amount of disbursements on legal activities, excluding information protected by solicitor-client privilege,

(xix.1) a statement of disbursements (other than disbursements included in a statement referred to in any of subparagraphs (iv), (vii), (viii) and (ix) to (xix)) on all activities other than those that are primarily carried on for members of the labour organization or labour trust, excluding information protected by solicitor-client privilege, and”

“(c) a statement for the fiscal period listing the sales of investments and fixed assets to, and the purchases of investments and fixed assets from, non-arm’s length parties, including for each property a description of the property and its cost, book value and sale price;

(d) a statement for the fiscal period listing all other transactions with non-arm’s length parties; and

(e) in the case of a labour organization or”

“contained in the information return”

“Internet site in a searchable format.

(5) For greater certainty, a disbursement referred to in any of subparagraphs (3)(b)(viii) to (xx) includes a disbursement made through a third party or contractor.

(6) Subsection (2) does not apply to

(a) a labour-sponsored venture capital corporation; and

(b) a labour trust the activities and operations of which are limited exclusively to the administration, management or investments of a deferred profit sharing plan, an employee life and health trust, a group sickness or accident insurance plan, a group term life insurance policy, a private health services plan, a registered pension plan or a supplementary unemployment benefit plan.

(7) Subsection (3) does not require the reporting of

(a) information, regarding disbursements and transactions of, or the value of investments held by, a labour trust (other than a trust described in paragraph (6)(b)), that is limited exclusively to the direct expenditures or transactions by the labour trust in respect of a plan, trust or policy described in paragraph (6)(b);

(b) the address of a person in respect of whom paragraph (3)(b) applies; or

(c) the name of a payer or payee in respect of a statement referred to in any of subparagraphs (3)(b)(i), (v), (ix), (xiii) to (xvi) and (xix).”

Motion No. 4 of Mr. Hiebert (South Surrey—White Rock—Cloverdale), seconded by Mr. Adler (York Centre), — That Bill C-377, in Clause 2, be amended by replacing line 5 on page 5 with the following:

“comply with that section, to a maximum of $25,000.”

Motion No. 5 of Mr. Hiebert (South Surrey—White Rock—Cloverdale), seconded by Mr. Adler (York Centre), — That Bill C-377, in Clause 3, be amended by replacing lines 6 to 8 on page 5 with the following:

“3. This Act applies in respect of fiscal periods that begin after the day that is six months after the day on which this Act is assented to.”

The debate continued on the motions in Group No. 1.

Pursuant to Standing Order 98, the Speaker interrupted the proceedings.

The question was put on Motions Nos. 1 and 3 and, pursuant to Standing Order 76.1(8), the recorded divisions were deferred.

Pursuant to Standing Order 98(4), the recorded divisions were further deferred until Wednesday, December 12, 2012, immediately before the time provided for Private Members' Business.

Messages from the Senate

A message was received from the Senate as follows:

Returns and Reports Deposited with the Clerk of the House

Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was laid upon the Table as follows:

— by Mr. Duncan (Minister of Aboriginal Affairs and Northern Development) — Copy of the Complementary Agreement No. 22 to the James Bay and Northern Quebec Agreement with the Cree Regional Authority and the Government of Quebec, together with a copy of the Order in Council P.C. 2012-0787, dated June 7, 2012, pursuant to the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32, sbs. 5(1). — Sessional Paper No. 8560-411-879-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Aboriginal Affairs and Northern Development)
Petitions Filed with the Clerk of the House

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were filed as follows:

— by Mr. Del Mastro (Peterborough), one concerning the Criminal Code of Canada (No. 411-2852);
— by Mr. Stanton (Simcoe North), one concerning the Criminal Code of Canada (No. 411-2853).
Adjournment Proceedings

At 6:42 p.m., pursuant to Standing Order 38(1), the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Accordingly, at 7:01 p.m., the Speaker adjourned the House until tomorrow at 2:00 p.m., pursuant to Standing Order 24(1).