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HOUSE OF COMMONS OF CANADA
35th PARLIAMENT, 2nd SESSION


JOURNALS

No. 153

Thursday, April 10, 1997

10:00 a.m.



PRAYERS

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Zed (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:

-- Nos. 352-1814 and 352-1848 concerning taxes on books. -- Sessional Paper No. 8545-352-129J;

-- Nos. 352-1818 and 352-1819 concerning sex offenders. -- Sessional Paper No. 8545-352-2P;

-- No. 352-1821 concerning impaired driving. -- Sessional Paper No. 8545-352-73T;

-- No. 352-1825 concerning the sexual exploitation of minors. -- Sessional Paper No. 8545-352-74N;

-- No. 352-1830 concerning profits from crime. -- Sessional Paper No. 8545-352-97R;

-- Nos. 352-1834 and 352-1840 concerning sexual orientation. -- Sessional Paper No. 8545-352-45DD;

-- No. 352-1841 concerning pornography. -- Sessional Paper No. 8545-352-124H.

Presenting Reports from Inter-parliamentary Delegations

Pursuant to Standing Order 34(1), Mr. Patry (Pierrefonds -- Dollards) presented the Report of the Canadian Branch of the Assemblée internationale des parlementaires de langue française (AIPLF) respecting its participation at the meeting of the Policy and General Administration Committee and of its Bureau, held in Beirut, Lebanon, on November 20 and 21, 1996. -- Sessional Paper No. 8565-352-52E.

Presenting Reports from Committees

Mr. Valeri (Lincoln), from the Standing Committee on Government Operations, presented the 2nd Report of the Committee (Government Contracting). -- Sessional Paper No. 8510-352-93.

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

A copy of the relevant Minutes of Proceedings (Issue No. 4, which includes this Report) was tabled.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Gray (Solicitor General of Canada), seconded by Mr. Gerrard (Secretary of State (Science, Research and Development)(Western Economic Diversification)), Bill C-94, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts, 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 respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts".

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Iftody (Provencher), seconded by Mr. Ianno (Trinity -- Spadina), Bill C-398, An Act to amend the Bank Act (amalgamation), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.


Pursuant to Standing Order 68(2), on motion of Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Harris (Prince George -- Bulkley Valley), Bill C-399, An Act to repeal the firearms Act and to make certain amendments to the Criminal Code, was introduced; and, pursuant to Standing Order 69(1), on motion of Mr. Stinson (Okanagan -- Shuswap), seconded by Mr. Hanger (Calgary Northeast), the Bill was read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.


Pursuant to Standing Orders 68(2) and 69(1), on motion of Mrs. Terrana (Vancouver East), seconded by Mr. Peric,´ (Cambridge), Bill C-400, An Act to amend the Canada Elections Act (registration of political parties), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Presenting Petitions

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

-- by Mr. Scott (Fredericton -- York -- Sunbury), four concerning controlled drugs and substances (Nos. 352-2024 to 352-2027);

-- by Mr. Hanger (Calgary Northeast), six concerning sex offenders (Nos. 352-2028 to 352-2033);

-- by Mr. Chatters (Athabasca), one concerning crimes of violence (No. 352-2034);

-- by Mr. McGuire (Egmont), one concerning nuclear weapons (No. 352-2035);

-- by Mr. McClelland (Edmonton Southwest), one concerning the highway system (No. 352-2036), one concerning the Divorce Act (No. 352-2037) and one concerning crimes of violence (No. 352-2038);

-- by Mr. Knutson (Elgin -- Norfolk), one concerning NATO (No. 352-2039) and four concerning the highway system (Nos. 352-2040 to 352-2043);

-- by Mr. Szabo (Mississauga South), one concerning police and firefighters' death benefits (No. 352-2044) and one concerning the income tax system (No. 352- 2045).

GOVERNMENT ORDERS

The Order was read for the second reading and reference to the Standing Committee on Finance of Bill C-92, An Act to amend the Income Tax Act, the Income Tax Application Rules and another Act related to the Income Tax Act.

Pursuant to Standing Order 73(1), Mrs. Stewart (Secretary of State (Latin America and Africa)) for Mr. Martin (Minister of Finance), seconded by Mr. Gerrard (Secretary of State (Science, Research and Development)(Western Economic Diversification)), moved, -- That the Bill be referred forthwith to the Standing Committee on Finance.

Debate arose thereon.

Pursuant to Standing Order 73(1), the Speaker interrupted the proceedings.

The question was put on the motion and it was agreed to on the following division:



(Division--Vote No 295)

YEAS-POUR

Members--Députés

-- Alcock -- Anderson -- Assadourian -- Augustine -- Bakopanos -- Barnes -- Beaumier -- Bélanger -- Bethel -- Bodnar -- Bonin -- Boudria -- Brown --  (Oakville -- Milton) -- Brushett -- Bryden -- Byrne -- Calder -- Campbell -- Cannis -- Catterall -- Chan -- Clancy -- Cohen -- Collenette -- Collins -- Comuzzi -- Crawford -- Culbert -- Cullen -- DeVillers -- Dhaliwal -- Dion -- Discepola -- Dromisky -- Dupuy -- Easter -- English -- Fewchuk -- Finlay -- Flis -- Fontana -- Fry -- Gagliano -- Gallaway -- Gerrard -- Goodale -- Graham -- Guarnieri -- Harb -- Harper --  (Churchill) -- Harvard -- Hubbard -- Ianno -- Iftody -- Irwin -- Jackson -- Karygiannis -- Keyes -- Kilger --  (Stormont -- Dundas) -- Kirkby -- Knutson -- Kraft Sloan -- Lastewka -- LeBlanc --  (Cape/Cap-Breton Highlands -- Canso) -- Lee -- Loney -- Manley -- Marleau -- Martin --  (LaSalle -- Émard) -- McCormick -- McKinnon -- McTeague -- McWhinney -- Mifflin -- Mills --  (Broadview -- Greenwood) -- Minna -- Mitchell -- Murphy -- Murray -- Pagtakhan -- Parrish -- Patry -- Peters -- Peterson -- Phinney -- Pickard --  (Essex -- Kent) -- Pillitteri -- Proud -- Regan -- Richardson -- Rideout -- Robichaud -- Rock -- Scott --  (Fredericton -- York -- Sunbury) -- Serré -- Sheridan -- Simmons -- Speller -- St. Denis -- Steckle -- Stewart --  (Northumberland) -- Szabo -- Telegdi -- Terrana -- Thalheimer -- Torsney -- Ur -- Valeri -- Vanclief -- Volpe -- Wells -- Whelan -- Wood -- Young -- Zed -- 115

NAYS-CONTRE

Members--Députés

-- Ablonczy -- Bachand -- Bellehumeur -- Bergeron -- Blaikie -- Breitkreuz --  (Yellowhead) -- Bridgman -- Brien -- Canuel -- Chatters -- Chrétien --  (Frontenac) -- Crête -- Cummins -- de Savoye -- Debien -- Duceppe -- Dumas -- Duncan -- Epp -- Gagnon --  (Québec) -- Gauthier -- Godin -- Gouk -- Grubel -- Hanger -- Harper --  (Simcoe Centre) -- Hayes -- Hermanson -- Hill --  (Macleod) -- Hill --  (Prince George -- Peace River) -- Kerpan -- Langlois -- Laurin -- Leroux --  (Shefford) -- Loubier -- Marchand -- Martin --  (Esquimalt -- Juan de Fuca) -- Mayfield -- McClelland --  (Edmonton Southwest/Sud-Ouest) -- Ménard -- Mercier -- Meredith -- Nunez -- Paré -- Penson -- Picard --  (Drummond) -- Pomerleau -- Ramsay -- Ringma -- Sauvageau -- Schmidt -- Scott --  (Skeena) -- Silye -- Speaker -- Stinson -- Strahl -- Venne -- Williams -- 58

Paired Members--Députés Pairés

-- Arseneault -- Asselin -- Dalphond-Guiral -- Daviault -- Duhamel -- Fillion -- Finestone -- Gaffney -- Guay -- Guimond -- Hopkins -- Lalonde -- Lefebvre -- Loubier -- MacAulay -- Marchi -- McLellan --  (Edmonton Northwest/Nord-Ouest) -- O'Reilly -- Payne -- Reed -- Tremblay --  (Lac-Saint-Jean) -- Tremblay --  (Rimouski -- Témiscouata)


Accordingly, the Bill was referred to the Standing Committee on Finance.

The Order was read for the second reading and reference to the Standing Committee on Finance of Bill C-93, An Act to implement certain provisions of the budget tabled in Parliament on February 18, 1997.

Pursuant to Standing Order 73(1), Mr. Martin (Minister of Finance), seconded by Mr. Manley (Minister of Industry), moved, -- That the Bill be referred forthwith to the Standing Committee on Finance.

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.

GOVERNMENT ORDERS

The House resumed consideration of the motion of Mr. Martin (Minister of Finance), seconded by Mr. Manley (Minister of Industry), -- That Bill C-93, An Act to implement certain provisions of the budget tabled in Parliament on February 18, 1997, be referred forthwith to the Standing Committee on Finance.

Debate arose thereon.

MOTIONS

By unanimous consent, it was ordered, -- That we adjourn debate on Bill C-93 in order to begin debate on Bill C-82 until the end of government orders this day at which point all questions to dispose of the report stage of the said Bill be deemed put, a recorded division deemed requested and deferred until Tuesday, April 15, 1997, at 12:30 p.m., and immediately after the said divisions, the House shall proceed to the third reading stage of the said Bill and all questions necessary to dispose of the third reading stage of the said Bill shall be put no later than 4:00 p.m. on that day, provided that any division requested thereon may not be deferred.

That on Friday, April 11, 1997, the business to be considered under government orders will be Bills C-5 and C-17 and that no later than the time provided for government orders on that day, all questions necessary to dispose of all remaining stages of both bills shall be put forthwith and recorded divisions be deemed requested and deferred until Tuesday, April 15, 1997, at 12:30 p.m.

That at completion of debate on Bill C-93 on Monday, April 14, 1997, a recorded division be deemed requested and deferred until Tuesday, April 15, 1997, at 12:30 p.m.


Pursuant to Order made earlier today, the Order was read for the consideration at report stage of Bill C-82, An Act to amend certain laws relating to financial institutions, as reported by the Standing Committee on Finance 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, 3 and 5.

Group No. 2 -- Motions Nos. 2, 4 and 6.

Group No. 1

Mr. Loubier (Saint-Hyacinthe -- Bagot), seconded by Mr. Laurin (Joliette), moved Motion No. 1, -- That Bill C-82, in Clause 42, be amended by adding after line 35 on page 22 the following:

      ``(4) Where there is in force in a province a law that imposes terms and conditions in respect of financial services described in subparagraph 3(b)(i) that are provided in that province, that law, as amended from time to time, shall apply to every bank located in that province.
      (5) No regulation made under subparagraph 3(b)(i) shall apply to any bank located in a province that has in force a law described in subsection (4).
      (6) For greater certainty, in this section the term ``in force'' in reference to a provincial law includes a provincial law that comes into force on or after the coming into force of this section.''

Mr. Loubier (Saint-Hyacinthe -- Bagot), seconded by Mr. Laurin (Joliette), moved Motion No. 3, -- That Bill C-82, in Clause 55, be amended by

    (a) replacing line 29 on page 30 with the following:
        ``459. (1) The Governor in Council may make''
    (b) by adding after line 18 on page 31 the following:
        ``(2) Where there is in force in a province any law that deals with any of the matters referred to in paragraphs (1)(a) to (e), that law, as amended from time to time, shall apply to every bank located in that province.
        (3) No regulation made under subsection (1) regarding any matter referred to in paragraphs (1)(a) to (e) shall apply to any bank located in a province that has in force a law described in subsection (2) dealing with that matter.
        (4) For greater certainty, in this section, the term ``in force'' in reference to a provincial law includes a provincial law that comes into force on or after the coming into force of this section.''

Mr. Loubier (Saint-Hyacinthe -- Bagot), seconded by Mr. Laurin (Joliette), moved Motion No. 5, -- That Bill C-82, in Clause 226, be amended by replacing lines 33 to 38 on page 136 with the following:

      ``(a.1) transfer all or any portion of its policies to, or cause itself to be reinsured, on an indemnity basis, against all or any portion of the risks undertaken by it by any body corporate incorporated under the laws of a province that is authorized to transact the classes of insurance to be so transferred or reinsured.''

Debate arose on the motions in Group No. 1 (Motions Nos. 1, 3 and 5).

The question was put on Motion No. 1 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 3 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 5 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

Group No. 2

Mr. Schmidt (Okanagan Centre), seconded by Mr. Speaker (Lethbridge), moved Motion No. 2, -- That Bill C-82 be amended by deleting Clause 45.

Mr. Schmidt (Okanagan Centre), seconded by Mr. Speaker (Lethbridge), moved Motion No. 4, -- That Bill C-82, in Clause 55, be amended by deleting lines 19 to 42 on page 31 and lines 1 to 10 on page 32.

Mr. Schmidt (Okanagan Centre), seconded by Mr. Speaker (Lethbridge), moved Motion No. 6, -- That Bill C-82, in Clause 412, be amended by replacing lines 18 to 22 on page 254 with the following:

``Governor in Council.''

Debate arose on the motions in Group No. 2 (Motions Nos. 2, 4 and 6).

The question was put on Motion No. 2 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 4 and, pursuant to Standing Order 76.1(8), the recorded division was deferred.

The question was put on Motion No. 6 and, pursuant to Standing Order 76.1(8), the recorded division 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-82, An Act to amend certain laws relating to financial institutions, as reported by the Standing Committee on Finance with amendments.

Pursuant to Order made earlier today, the recorded divisions were further deferred until Tuesday, April 15, 1997, at 12:30 p.m.

PRIVATE MEMBERS' BUSINESS

At 5:40 p.m., pursuant to Standing Order 30(7), the House proceeded to the consideration of Private Members' Business.

By unanimous consent, the Order was read for the consideration at report stage of Bill C-205, An Act to amend the Criminal Code and the Copyright Act (profit from authorship respecting a crime).

Mr. Wappel (Scarborough West), seconded by Mr. Karygiannis (Scarborough -- Agincourt), moved, -- That the Bill, as amended, be concurred in at report stage.

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

Accordingly, the Bill, as amended, was concurred in at report stage.

Pursuant to Standing Order 76.1(11), Mr. Wappel (Scarborough West), seconded by Mr. Karygiannis (Scarborough -- Agincourt), moved, -- That the Bill be now read a third time and do pass.

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

Accordingly, the Bill was read the third time and passed.

The Order was read for the second reading and reference to the Standing Committee on Finance of Bill C-324, An Act to amend the Income Tax Act (entertainment expenses).

Mr. Karygiannis (Scarborough -- Agincourt), seconded by Mr. Wappel (Scarborough West), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Finance.

Debate arose thereon.

Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

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

-- by Mr. Manley (Minister of Industry) -- Report (Part I, Corporations) for the year 1995, pursuant to the Corporations and Labour Unions Returns Act, R. S. 1985, c. C-43, sbs. 22(1). -- Sessional Paper No. 8560-352-115A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry)

-- by Mr. Manley (Minister of Industry) -- Report of the Canadian Intellectual Property Office for the fiscal year ended March 31, 1996, pursuant to the Patent Act, R.S. 1985, c. P-4, s. 26. -- Sessional Paper No. 8560-352-330. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry)

-- by Mr. Manley (Minister of Industry) -- Report concerning Trade Unions registered in the Office of the Registrar General of Canada for the year 1996, pursuant to the Trade Unions Act, R. S. 1985, c. T-14, s. 30. -- Sessional Paper No. 8560-352-411A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry)

-- by Mr. Manley (Minister of Industry) -- List of Commissions issued for the year 1996, pursuant to the Public Officers Act, R. S. 1985, c. P-31, s. 4. -- Sessional Paper No. 8560-352-413A. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry)

PROCEEDINGS ON ADJOURNMENT MOTION

At 6:20 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.

ADJOURNMENT

At 6:25 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).