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HOUSE OF COMMONS OF CANADA
35TH PARLIAMENT, 1st SESSION


JOURNALS

No. 144

Wednesday, December 14, 1994

2:00 p.m.



PRAYERS

STATEMENTS BY MEMBERS

Pursuant to Standing Order 31, Members made statements.

ORAL QUESTIONS

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

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) for Mr. Gray (Leader of the Government in the House of Commons) laid upon the Table, -- Certificate of Nomination of P. Andrée Wylie, full-time member of the Canadian Radio-Television and Telecommunications Commission, pursuant to Standing Order 110(2). -- Sessional Paper No. 8540-351-3L. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Canadian Heritage)


Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) for Ms. McLellan (Minister of Natural Resources) laid upon the Table, -- Government response, pursuant to Standing Order 36(8), to petition No. 351-1415 concerning the mining industry. -- Sessional Paper No. 8545-351-72C.


Mrs. Finestone (Secretary of State (Multiculturalism)) laid upon the Table, -- Copy of a letter conveying the Government's decision concerning redress. -- Sessional Paper No. 8525-351-22.

Statements by Ministers

Pursuant to Standing Order 33(1), Mrs. Finestone (Secretary of State (Multiculturalism)) made a statement.

Presenting Reports from Committees

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons), from the Standing Committee on Procedure and House Affairs, presented the 55th Report of the Committee, which was as follows:

      In accordance with its mandate under Standing Order 92(1), your Committee has selected from among the items for which an order of precedence was established on or after Wednesday, December 7, 1994, the following as votable items:
      Bill C-224 -- Mr. Bryden
      Bill C-263 -- Mr. Hart
      Motion M-314 -- Mr. Kerpan

A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 37, which includes this Report) was tabled.

Pursuant to Standing Order 92(2), the Report was deemed adopted.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Massé (President of the Queen's Privy Council for Canada, Minister of Intergovernmental Affairs and Minister responsible for Public Service Renewal), seconded by Mr. Gray (Leader of the Government in the House of Commons and Solicitor General of Canada), Bill C-65, An Act to reorganize and dissolve certain federal agencies, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

scIntroduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Hoeppner (Lisgar -- Marquette), seconded by Mrs. Hayes (Port Moody -- Coquitlam), Bill C-298, An Act to amend the Income Tax Act (deduction of interest on mortgage loans), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, it was ordered, -- That no Private Members' Business shall be considered on Thursday, December 15, 1994, provided that the item set down for consideration that day shall retain its position of first in the order of precedence.

Presenting Petitions

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

-- by Mr. Sauvageau (Terrebonne), one concerning children's rights (No. 351-1688);

-- by Mr. Godin (Châteauguay), one concerning voice mail (No. 351-1689);

-- by Mr. Fillion (Chicoutimi), two concerning Canadian Forces Bases (Nos. 351-1690 and 351-1691);

-- by Mr. Bonin (Nickel Belt), one concerning the mining industry (No. 351-1692);

-- by Mr. Lastewka (St. Catharines), one concerning material depicting violence (No. 351-1693);

-- by Mr. McTeague (Ontario), one concerning abortion (No. 351-1694), one concerning euthanasia (No. 351-1695) and one concerning the Canadian Human Rights Act (No. 351-1696);

-- by Mr. Epp (Elk Island), one concerning the Young Offenders Act (No. 351-1697) and two concerning the Canadian Human Rights Act (Nos. 351-1698 and 351-1699);

-- by Mrs. Hayes (Port Moody -- Coquitlam), one concerning gun control (No. 351-1700) and one concerning euthanasia (No. 351-1701);

-- by Mr. Chatters (Athabasca), one concerning the Canadian Human Rights Act (No. 351-1702);

-- by Mr. Guimond (Beauport -- Montmorency -- Orléans), one concerning VIA Rail (No. 351-1703);

-- by Mr. Bélisle (La Prairie), one concerning voice mail (No. 351-1704);

-- by Mr. Campbell (St. Paul's), two concerning the Canadian Human Rights Act (Nos. 351-1705 and 351-1706);

-- by Mr. Knutson (Elgin -- Norfolk), one concerning abortion (No. 351-1707), one concerning euthanasia (No. 351-1708) and one concerning the Canadian Human Rights Act (No. 351-1709);

-- by Ms. Bethel (Edmonton East), one concerning euthanasia (No. 351-1710);

-- by Mr. Lincoln (Lachine -- Lac-Saint-Louis), one concerning euthanasia (No. 351-1711);

-- by Mrs. Jennings (Mission -- Coquitlam), one concerning the Divorce Act (No. 351-1712).

Questions on Order Paper

Mr. Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answers to questions Q-97, Q-98 and Q-100 on the Order Paper.

NOTICES OF MOTIONS FOR THE PRODUCTION OF PAPERS

Mr. Richardson (Perth -- Wellington -- Waterloo), seconded by Mr. Patry (Pierrefonds -- Dollard), moved, -- That an Order of the House do issue for a copy of the December 9, 1994, report of the Security Intelligence Review Committee entitled ``The Heritage Front Affair'', subject only to the removal of that information relating to the amount and management of payments to sources which, if disclosed, could, in the opinion of the Solicitor General, impair the ability of the Canadian Security and Intelligence Service to obtain information from sources that is strictly necessary to its duties and functions, and having regard to subsection 18(2) of the Canadian Security and Intelligence Service Act and paragraph 8(2)(c) of the Privacy Act. (Notices of Motions for the Production of Papers P-3)

The question was put on the motion and, by unanimous consent, the recorded division was deferred until Thursday, December 15, 1994, at 10:00 a.m.

GOVERNMENT ORDERS

By unanimous consent, the Order was read for the consideration at report stage of Bill C-53, An Act to establish the Department of Canadian Heritage and to amend and repeal certain other Acts, as reported by the Standing Committee on Canadian Heritage with amendments.

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

      Group No. 1 -- Motions Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 21
      Group No. 2 -- Motions Nos. 11, 12 and 13
      Group No. 3 -- Motions Nos. 14, 15, 16, 17, 18 and 19
      Group No. 4 -- Motions Nos. 20 and 23
      Group No. 5 -- Motion No. 22
      Group No. 6 -- Motions Nos. 24, 25, 26 and 27

Group No. 1

Mrs. Gagnon (Québec), seconded by Mrs. Tremblay (Rimouski -- Témiscouata), moved Motion No. 1, -- That Bill C-53, in Clause 4, be amended by replacing lines 19 to 24, on page 1, and lines 1 and 2, on page 2, with the following:

      ``4. (1) Subject to subsection (2), the powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating
      (a) to Canadian identity and the identity of Quebec;
      (b) to the values, cultural development and heritage of Canada and of Quebec; and
      (c) to areas of natural or historical significance to Canada or Quebec.
      (2) The Minister shall not exercise the powers and perform the duties and functions assigned to the Minister by the Act, unless the Minister has received the approval of the government of every province where
      (a) the government of the province has enacted legislation or established a provincial program in a matter over which Parliament has jurisdiction under subsection (1); or
      (b) the government of the province has notified the Minister in writing of its intention to enact such legislation or to establish such a program.''

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 2, -- That Bill C-53, in Clause 4, be amended by deleting lines 6 to 8, on page 2.

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 3, -- That Bill C-53, in Clause 4, be amended by deleting line 9, on page 2.

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 4, -- That Bill C-53, in Clause 4, be amended by adding after line 11, on page 2, the following:

      ``(c.1) copyrights;''.

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 5, -- That Bill C-53, in Clause 4, be amended replacing lines 16 to 18, on page 2, with the following:

      ``(e) national historic sites, national battlefields, heritage''.

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 6, -- That Bill C-53, in Clause 4, be amended replacing lines 23 to 27, on page 2, with the following:

      ``(g) the promotion of language policies centred
        (i) on freedom of speech,
        (ii) on recognition of the French language in Quebec and the English language in the other provinces,
        (iii) on recognition of bilingualism in key federal institutions, such as the Parliament of Canada and the Supreme Court of Canada, and
        (iv) on recognition of bilingualism where the number of citizens is sufficient to warrant the provision to them of services in both official languages;''.

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 7, -- That Bill C-53, in Clause 4, be amended by replacing new paragraph (2)(j) with the following:

      ``(j) the formulation of cultural policy as it relates to foreign investment;''.

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 8, -- That Bill C-53 be amended by deleting Clause 4.

Mrs. Gagnon (Québec), seconded by Mrs. Tremblay (Rimouski -- Témiscouata), moved Motion No. 9, -- That Bill C-53, in Clause 5, be amended by replacing lines 38 to 43, on page 2, and lines 1 and 2, on page 3, with the following:

      ``5.(1) Subject to subsection (2), in exercising the powers and performing the duties and functions assigned to the Minister by section 4, the Minister shall initiate, recommend, coordinate, implement and promote national policies, projects and programs with respect to Canadian identity and the identity of Quebec, Canadian values, cultural development and heritage and the values, cultural development and heritage of Quebec and areas of natural or historical significance to Canada or to Quebec.''
      (2) The Minister shall not exercise the powers and perform the duties and functions referred to in subsection (1), unless the Minister has received the approval of the government of every province where
      (a) the government of the province has implemented in the province a policy, project or program referred to in subsection (1); or
      (b) the government of the province has notified the Minister in writing of its intention to implement a policy, project or program referred to in subsection (1).''

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 10, -- That Bill C-53 be amended by deleting Clause 5.

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 21, -- That Bill C-53, in Clause 22, be amended by deleting lines 4 to 8, on page 8.

Debate arose on the motions in Group No. 1.

The question was put on Motion No. 8 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motion No. 10, was deferred.

Group No. 2

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 11, -- That Bill C-53 be amended by deleting Clause 6.

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 12, -- That Bill C-53, in Clause 7, be amended by deleting lines 11 to 13, on page 3.

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 13, -- That Bill C-53 be amended by deleting Clause 7.

The question was put on Motion No. 11 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 12 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 3

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 14, -- That Bill C-53 be amended by deleting new Clause 8.

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 15, -- That Bill C-53 be amended by deleting new Clause 8.1.

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 16, -- That Bill C-53 be amended by deleting new Clause 8.2.

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 17, -- That Bill C-53 be amended by adding after new subclause 8.3(1) the following:

      ``(1.1) The Minister shall, at least 60 days before the date on which the Minister fixes or increases a fee under section 8, 8.1 or 8.2, cause to be published in the Canada Gazette by such appropriate electronic or other means that the Treasury Board may authorize by regulation and in no fewer than two leading newspapers in each province a notice clearly indicating
      (a) the products, services, rights, privileges, regulatory processes, approvals or use of facilities provided under these sections; and
      (b) the fees to be fixed or increased pursuant to these sections.''

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 18, -- That Bill C-53 be amended by deleting new Clause 8.3.

Mrs. Brown (Calgary Southeast), seconded by Mr. Hanrahan (Edmonton -- Strathcona), moved Motion No. 19, -- That Bill C-53 be amended by deleting new Clause 8.4.

The question was put on Motion No. 14 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motions Nos. 15, 16, 18 and 19, was deferred.

Group No. 4

Mrs. Brown (Calgary Southeast), seconded by Mr. Hermanson (Kindersley -- Lloydminster), moved Motion No. 20, -- That Bill C-53 be amended by adding after new Clause 8.4 the following new Clause:

      ``8.5 The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after January 31 next following the end of each fiscal year, a report showing the operations of the Department for that fiscal year.''

Mrs. Brown (Calgary Southeast), seconded by Mr. Hermanson (Kindersley -- Lloydminster), moved Motion No. 23, -- That Bill C-53 be amended by deleting Clause 33.

The question was put on Motion No. 20 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motion No. 23, was deferred.

Group No. 5

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 22, -- That Bill C-53, in Clause 26, be amended by replacing lines 11 to 13, on page 9, with the following:

    ``by such committee of the House of Commons as may be designated or estab-''.

The question was put on Motion No. 22 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 6

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 24, -- That Bill C-53, in Clause 35, be amended by replacing line 22, on page 11, with the following:

    ``with the government of each province and the Minister of Canadian Heritage, shall''.

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 25, -- That Bill C-53, in Clause 36, be amended by replacing line 31, on page 11, with the following:

    ``Minister after consultation with the government of each province and the Minister''.

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 26, -- That Bill C-53, in Clause 37, be amended by replacing line 38, on page 11, with the following:

    ``ter after consultation with the government of each province and the Minister of''.

Mrs. Tremblay (Rimouski -- Témiscouata), seconded by Mrs. Gagnon (Québec), moved Motion No. 27, -- That Bill C-53, in Clause 38, be amended by replacing line 8, on page 12, with the following:

    ``government of each province and the Minister, shall undertake a review of the pro-''.

The question was put on Motion No. 24 and, pursuant to Standing Order 76.1(8), the recorded division, which also applies to Motions Nos. 25, 26, and 27, was deferred.

Pursuant to Standing Order 76.1(8), the House proceeded to the taking of the deferred recorded divisions at report stage of Bill C-53, An Act to establish the Department of Canadian Heritage and to amend and repeal certain other Acts, as reported by the Standing Committee on Canadian Heritage with amendments.

Pursuant to Standing Order 45(5)(a), the deferred recorded divisions were further deferred until Thursday, December 15, 1994, at 10:00 a.m.

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 of the motion of Mr. Mills (Red Deer), seconded by Mr. Strahl (Fraser Valley East), -- That, in the opinion of this House, the Parliament and Crown Agencies should be subject to scrutiny under the Access to Information Act. (Private Members' Business M-304)

The debate continued.

Pursuant to Standing Order 93, the time provided for consideration of Private Members' Business expired and the Order was dropped to the bottom of the order of precedence on the Order Paper.

PROCEEDINGS ON ADJOURNMENT MOTION

At 6:30 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.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 32(1), the following papers, deposited with the Clerk of the House, were laid upon the Table:

By Mr. Dupuy (Minister of Canadian Heritage) -- Report of the National Film Board, together with the Auditor General's Report, for the fiscal years ended March 31, 1993 and 1994, pursuant to subsection 20(2) of the National Film Act, Chapter N-8, Revised Statutes of Canada, 1985. -- Sessional Paper No. 8560-351-189. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)


By Mr. Manley (Minister of Industry) -- Report on the Operations of the Small Businesses Loans Act for the fiscal year ended March 31, 1994, pursuant to section 11 of the Small Businesses Loans Act, Chapter S-11, Revised Statutes of Canada, 1985. -- Sessional Paper No. 8560-351-240A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry)

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. Peric (Cambridge), one concerning the Canadian Human Rights Act (No. 351-1713) and one concerning the Federal Public Service (No. 351-1714);

-- by Mr. Charest (Sherbrooke), one concerning Old Age Security benefits (No. 351-1715).

ADJOURNMENT

At 6:50 p.m., the House adjourned until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).