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House of Commons of Canada
35th Parliament, 2nd Session

Journals

No. 054
Friday, May 31, 1996
10:00 a.m.

Prayers

Government Orders

By unanimous consent, it was ordered, — That, notwithstanding any Standing or Special Order, if, at 9:30 p.m. on Monday, June 3, 1996, Government Business No. 5 has not been disposed of:

  1. The House shall continue to sit until the said business is disposed of;
  2. During the continued sitting, no Member shall speak for more than ten minutes with no questions nor comments;
  3. Any division standing deferred to the said date shall be postponed until the said business has been disposed of;
  4. The House shall adjourn immediately after the completion of any such deferred division.

Mr. Rock (Minister of Justice), seconded by Mr. Gagliano (Minister of Labour and Deputy Leader of the Government in the House of Commons), moved, —

Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
Now Therefore the House of Commons resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.

Schedule
Amendment to the Constitution of Canada

  1. Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act is repealed and the following substituted therefor:
“17.
In lieu of section ninety-three of the Constitution Act 1867, the following shall apply in respect of the Province of Newfoundland:
In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but
(a)
except as provided in paragraphs (b) and (c), schools established, maintained and operated with public funds shall be denominational schools, and any class of persons having rights under this Term as it read on January 1, 1995 shall continue to have the right to provide for religious education, activities and observances for the children of that class in those schools, and the group of classes that formed one integrated school system by agreement in 1969 may exercise the same rights under this Term as a single class of persons;
(b)
subject to provincial legislation that is uniformly applicable to all schools specifying conditions for the establishment or continued operation of schools,
(i)
any class of persons referred to in paragraph (a) shall have the right to have a publicly funded denominational school established, maintained and operated especially for that class, and
(ii)
the Legislature may approve the establishment, maintenance and operation of a publicly funded school, whether denominational or non-denominational;
(c)
where a school is established, maintained and operated pursuant to subparagraph (b)(i), the class of persons referred to in that subparagraph shall continue to have the right to provide for religious education, activities and observances and to direct the teaching of aspects of curriculum affecting religious beliefs, student admission policy and the assignment and dismissal of teachers in that school;
(d)
all schools referred to in paragraphs (a) and (b) shall receive their share of public funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature; and
(e)
if the classes of persons having rights under this Term so desire, they shall have the right to elect in total not less than two thirds of the members of a school board, and any class so desiring shall have the right to elect the portion of that total that is proportionate to the population of that class in the area under the board’s jurisdiction.”
Citation
  1. This Amendment may be cited as the Constitution Amendment, year of proclamation (Newfoundland Act). (Government Business No. 5)

Debate arose thereon.

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.

Motions

By unanimous consent, it was ordered, — That the Vice- Chair of the Standing Committee on Transport and one researcher be authorized to travel to Washington, D.C., on June 11, 12 and 13, 1996, to gather information on the creation of a bi-national structure for the St. Lawrence Seaway.

Daily Routine of Business

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Arseneault (Parliamentary Secretary to the Minister of Canadian Heritage) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:

  1. No. 352-0268 concerning Taiwan. — Sessional Paper No. 8545-352-76;
  2. Nos. 352-0272, 352-0277, 352-0295 and 352-0321 concerning the detention of Mr. Tran Trieu Quan in Vietnam. — Sessional Paper No. 8545-352-77;
  3. No. 352-0334 concerning veterans affairs. — Sessional Paper No. 8545-352-10D.

Introduction of Private Members’ Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Hanger (Calgary Northeast), seconded by Mr. White (North Vancouver), Bill C–291, An Act to amend the Criminal Code (prohibited sexual acts), 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. Ringma (Nanaimo–Cowichan), one concerning veterans’ affairs (No. 352-0550), one concerning Constitutional amendments (No. 352-0551) and two concerning sexual orientation (Nos. 352-0552 and 352-0553);
  • by Mr. Martin (Esquimalt–Juan de Fuca), one concerning profits from crime (No. 352-0554);
  • by Mr. Duhamel (St. Boniface), one concerning Constitutional amendments (No. 352-0555);
  • by Mrs. Payne (St. John’s West), one concerning veterans’ affairs (No. 352-0556);
  • by Ms. Meredith (Surrey–White Rock–South Langley), one concerning sexual orientation (No. 352-0557);
  • by Mr. Gouk (Kootenay West–Revelstoke), one concerning banks (No. 352-0558);
  • by Mr. Speaker (Lethbridge), one concerning profits from crime (No. 352-0559);
  • by Mr. Hanger (Calgary Northeast), one concerning sexual orientation (No. 352-0560) and one concerning abortion (No. 352-0561);
  • by Mr. Johnston (Wetaskiwin), one concerning sexual orientation (No. 352-0562) and one concerning dairy products (No. 352-0563).

Questions on Order Paper

Pursuant to Standing Order 39(7), the following question was made an Order of the House for Return:

Q–36 — Mr. Milliken (Kingston and the Islands) — What are the municipal addresses of all properties in the federal riding of Kingston and the Islands that are not single family residences in respect of which CMHC is owner or mortgagee and for each property (a) how many living units are at each address; (b) what terms with respect to use, disposition or consent to transfer, if any, are contained in the deed or mortgage by virtue of which CMHC holds title; (c) is the property or part thereof classed as "social housing" for the purpose of the 1996 budget announcement that administration of such housing would be transferred to the provinces; and (d) what is the total subsidy paid by CMHC in Kingston and the Islands with respect to all properties?

Mr. Arseneault (Parliamentary Secretary to the Deputy Prime Minister and Minister of Canadian Heritage) presented the Return to this Order. — Sessional Paper No. 8555-352-36.

Government Orders

The House resumed consideration of the motion of Mr. Rock (Minister of Justice), seconded by Mr. Gagliano (Minister of Labour and Deputy Leader of the Government in the House of Commons). (Government Business No. 5)

The debate continued.

Private Members’ Business

At 1:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members’ Business.

The Order was read for the second reading and reference to the Standing Committee on Justice and Legal Affairs of Bill C–224, An Act to amend the Criminal Code (arrest without warrant).

Mr. Thompson (Wild Rose), seconded by Mr. White (North Vancouver), moved, — That the Bill be now read a second time and referred to the Standing Committee on Justice and Legal Affairs.

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 of the Industrial and Regional Development Program for the fiscal year ended March 31, 1996, pursuant to the Industrial and Regional Development Act, R. S. 1985, c. I-8, sbs. 14(1). — Sessional Paper No. 8560-352-474. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry)


by Mr. Manley (Minister of Industry) — Summaries of the Corporate Plan for 1997 to 2001 and of the Capital and Operating Budgets for 1997 of the Business Development Bank of Canada, pursuant to the Financial Administration Act, R. S. 1985, c. F–11, sbs. 125(4). — Sessional Paper No. 8562-352-833. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry)


by Mr. Martin (Minister of Finance) — Report of the Operations under Part II of the Export Credits Insurance Act for the fiscal year 1995-96, pursuant to the Export Credits Insurance Act, R. S. 1952, c. 105, s. 27. — Sessional Paper No. 8560-352-139. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Finance)

Petitions Filed with the Clerk of the House

Pursuant to Standing Order 36, a petition certified correct by the Clerk of Petitions was filed as follows:

  • by Mrs. Gaffney (Nepean), concerning certain diseases (No. 352-0564).

Adjournment

At 2:30 p.m., the Speaker adjourned the House until Monday at 11:00 a.m., pursuant to Standing Order 24(1).