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MINUTES OF PROCEEDINGS
 
Meeting No. 36
 
Tuesday, November 7, 2006
 

The Standing Committee on International Trade met at 9:05 a.m. this day, in Room 253-D, Centre Block, the Chair, Leon Benoit, presiding.

 

Members of the Committee present: Guy André, Leon Benoit, Ron Cannan, Serge Cardin, Hon. Mark Eyking, Helena Guergis, Peter Julian, Hon. Dominic LeBlanc, Pierre Lemieux, John Maloney, Ted Menzies and Lui Temelkovski.

 

Acting Members present: Harold Albrecht for Pierre Lemieux, Rob Anders for Pierre Lemieux, Gérard Asselin for Serge Cardin, Steven Blaney for Helena Guergis, Garry Breitkreuz for Ted Menzies, Rod Bruinooge for Pierre Lemieux, Paul Crête for Guy André, Ed Fast for Pierre Lemieux, Jacques Gourde for Pierre Lemieux, Richard Harris for Pierre Lemieux, Brian Jean for Pierre Lemieux, Jean-Yves Laforest for Guy André, Pat Martin for Peter Julian, Pierre A. Paquette for Guy André, Pauline Picard for Guy André and Louise Thibault for Guy André.

 

Associate Members present: Harold Albrecht, Rob Anders, Steven Blaney, Garry Breitkreuz, Rod Bruinooge, Paul Crête, Jacques Gourde, Brian Jean and Pat Martin.

 

Other Members present: Gérard Asselin, Hon. Raymond Chan, David Christopherson, Jean-Yves Laforest, Pierre A. Paquette, Pauline Picard and Louise Thibault.

 

In attendance: Library of Parliament: Michael Holden; Elizabeth Kuruvila. Standing Committee on International Trade: Normand Radford. House of Commons: Susan Baldwin; Jacques Lahaie; Roger Préfontaine; Marc Toupin.

 

Witnesses: Department of Foreign Affairs and International Trade: John Clifford, Trade Law Bureau. Canada Revenue Agency: Ron Hagmann, Softwood Lumber; Mary Anne McMahon, Legal Services Branch; Cindy Negus, Legislative Policy Directorate. Department of Foreign Affairs and International Trade: Paul Robertson, North America Trade Policy; Dennis Seebach, Administration and Technology Services; Michael Solursh, Trade Law Bureau.

 
Pursuant to the Order of Reference of Wednesday, October 18, 2006, the Committee resumed consideration of Bill C-24, An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence.
 

The Committee resumed its clause-by-clause study of the Bill.

 

The witnesses answered questions.

 
The Chair ruled that, pursuant to the motion adopted by the Committee on Thursday, November 2, 2006, the Committee proceed to a vote on all clauses of C-24 that did not have any proposed amendments. These are 7, 8, 9, 16, 20, 21, 22, 27, 29, 30, 31, 35 to 39, 42 to 47, 51, 52, 53, 58 to 63, 71, 74, 79, 80, 90, 91, 92, 97, 101, 102, 103, 110, 112, 115 to 119, and 121 to 125.
 

Peter Julian moved, — That the First Nations Forestry Council be invited to testify before this Committee.

 

The Chair ruled the proposed motion inadmissible as it contravenes the order adopted by the Committee on November 2, 2006 specifically that “clause-by-clause consideration of Bill C-24 be completed before considering any other Committee business”.

 

The Chair ruled that all cameras should be removed from the room at this time as the meeting had begun.

 

A point of order was raised regarding the Chair's ruling on the inadmissibility of the proposed motion.

 

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

Clauses 7 to 9 inclusive, 16, 20 to 22 inclusive, 27, 29 to 31 inclusive, 35 to 39 inclusive, 42 to 47 inclusive, 51 to 53 inclusive, 58 to 63 inclusive, 71, 74, 79, 80, 90 to 92 inclusive, 97, 101 to 103 inclusive, 110, 112, 115 to 119 inclusive and 121 to 125 inclusive carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

Ron Cannan moved, — That the amendments pertaining to the Atlantic exemption be considered as a group to be debated and voted on individually and in the correct order. These amendments are to be found on pages 5, 6, 7 to 13 and 22 to 25.

 

After debate, the question was put on the motion and it was agreed to on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

After debate, the Chair ruled that the Committee would proceed to the next amendments and clauses until the Committee arrived at page 5 and amendment CPC-1, whereupon the motion of Mr. Cannon would take effect.

 

On Clause 5,

Serge Cardin moved, — That Bill C-24, in Clause 5, be amended by replacing line 4 on page 4 with the following:

“the railcar that contains it was released to the railway for assembly to”

 

Mr. Julian raised a point of order requesting clarification of the time allocation order of November 2, 2006, specifically if the three (3) minutes allotted to each member included questions and answers from the witnesses.

 

The Chair ruled that the questions and answers to witnesses were included in the three (3) minutes.

 

Peter Julian moved, — That the amendment be amended

(a) by adding after the words “chemin de fer” the following:

“ou à côté de la route ”

(b) by adding after the words “au train” the following:

“ou au camion”

 

The question was put on the subamendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS : Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 10.

 

The question was put on the amendment of Serge Cardin and it was agreed to on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

Clause 5, as amended, carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard — 9; NAYS: Peter Julian — 1.

 

Whereupon, Peter Julian appealed the decision of the Chair concerning the three minutes time limit and witness' questions and answers. The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

Peter Julian proposed to move, —That questions asked of the witnesses not be deducted from the three (3) minutes time limit allocated for amendments.

 

The Chair ruled the proposed motion inadmissible.

 

Peter Julian moved, — That the three (3) minute time limit be removed for Clause 6.

 

The Chair ruled the motion required unanimous consent or the original motion would need to be rescinded before this motion could be moved.

 

Unanimous consent was refused.

 
Peter Julian moved, — That Bill C-24, in Clause 6, be amended

(a) by replacing line 13 on page 4 with the following:

“(a) unrelated persons are deemed to deal”

(b) by replacing line 16 on page 4 with the following:

“related to each other were, at any”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 10.

 

Clause 6 carried on the following recorded division: YEAS: Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 8; NAYS: Ron Cannan, Peter Julian — 2.

 

On Clause 10,

The Committee proceeded with the amendment CPC-1 on page 5 pursuant to the motion of Ron Cannan adopted earlier this day.

 
Ted Menzies moved, — That Bill C-24, in Clause 10, be amended by replacing line 16 on page 5 with the following:

10. (1) Subject to the exclusions provided for in subsection 10.1(1), every person who exports a soft-”

 

After debate, the question was put on the amendment of Ted Menzies and it was agreed to on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Brian Jean, Peter Julian, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 10; NAYS: — 0.

 
Peter Julian moved, — That Bill C-24, in Clause 10, be amended by replacing line 18 on page 5 with the following:

“October 31, 2006, shall pay to Her Majesty in”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 10.

 
Helena Guergis moved, — That Bill C-24, in Clause 10, be amended by replacing line 18 on page 5 with the following:

“October 11, 2006, shall pay to Her Majesty in”

 

Peter Julian moved, — That the amendment be amended by adding after the words “October 11, 2006” the following:

“at midnight”

 

After debate, the question was put on the subamendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

The question was put on the amendment of Helena Guergis and it was agreed to on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

The Chair asked “Shall Clause 10 as amended carry?”

During the vote, Peter Julian attempted to raise a point of order.

 

The Chair ruled that points of order could not be raised during a vote.

 

Clause 10, as amended, carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Pauline Picard, Lui Temelkovski — 10; NAYS: — 0.

 

On new Clause 10.1,

Ted Menzies moved, — That Bill C-24 be amended by adding after line 22 on page 5 the following new clause:

10.1 (1) Despite section 10, the following exports of softwood lumber products are excluded from the charge referred to in that section:

(a) exports from Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador;

(b) exports from Yukon, the Northwest Territories or Nunavut;

(c) exports by a person referred to in section 16.

(2) An exported softwood lumber product is deemed to be exported from Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador if the product underwent its first primary processing in one of those provinces from softwood sawlogs originating in one of those provinces or in the State of Maine.

(3) An exported softwood lumber product is deemed to be exported from Yukon, the Northwest Territories or Nunavut if the product underwent its primary processing in one of those territories from softwood sawlogs originating in one of those territories.”

 

Ted Menzies attempted to move a subamendment.

 

The Chair ruled that a Member could not amend a motion that he or she had just moved.

 

Peter Julian moved, — That the amendment be amended by deleting the words “Despite section 10 ”

 

After debate, the question was put on the subamendment of Peter Julian and it was agreed to on the following recorded division: YEAS: Serge Cardin, Mark Eyking, Brian Jean, Peter Julian, Jean-Yves Laforest, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: Ron Cannan — 1.

 

Peter Julian moved, — That the amendment be amended:

(a) by adding in paragraph (a) after the words “exports from” the following:

“the provinces of”;

(b) by replacing in paragraph (b) the words “exports from Yukon” with the words “exports from the Yukon Territory”.

 

After debate, the question was put on the subamendment of Peter Julian and it was negatived on the following recorded division: YEAS: Serge Cardin, Peter Julian, Jean-Yves Laforest — 3; NAYS: Ron Cannan, Mark Eyking, Helena Guergis, Brian Jean, John Maloney, Ted Menzies, Lui Temelkovski — 7.

 

The Chair ruled the amendments to be frivolous and inadmissible.

 

Peter Julian moved, — That the amendment be amended in paragraph (3) by adding after the words “one of those territories” the following:

“or the state of Alaska”

 

The Chair ruled the proposed subamendment inadmissible because it was beyond the scope of the Bill, as provided on page 654 of House of Commons Procedure and Practice.

 

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

After debate, the question was put on the amendment of Ted Menzies, as amended, and it was agreed to on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Brian Jean, Jean-Yves Laforest, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

A Member attempted to speak to new Clause 10.1.

 

The Chair ruled that the amendment was the new clause and had already been debated and adopted.

 

On Clause 14,

The Chair called Clause 14 pursuant to the motion of Ron Cannan adopted earlier this day.

 

On a point of order, Mr. Julian said that Clause 11 should be next.

 

Whereupon, Peter Julian appealed the decision of the Chair concerning the next clause up for debate. The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 
Helena Guergis moved, — That Bill C-24, in Clause 14, be amended by replacing lines 4 to 41 on page 11 with the following:

14. (1) If, during a particular calendar quarter, total exports of softwood lumber products from Nova Scotia, New Brunswick, Prince Edward Island orNewfoundland and Labrador exceed the aggregate sum of total production in that calendar quarter and total inventory at the beginning of that calendar quarter, of softwood lumber products that underwent their first primary processing in those provinces from softwood sawlogs originating in one of those provinces or in the State of Maine, each person responsible for excess shipments as determined in subsection (2) shall pay a charge calculated by applying $200 per thousand board feet of exported lumber products to that person’s excess shipments.

(2) A person’s excess shipments shall equal the amount by which its exports exceed in a particular calendar quarter the sum of the person’s total production in that calendar quarter and total inventory at the beginning of that calendar quarter of softwood products that underwent their first primary processing in New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador from softwood sawlogs originating in one of those provinces or in the State of Maine.”

 

Dominic LeBlanc moved, — That the amendment be amended by replacing in paragraph (2) the words “and Newfoundland and Labrador” with the words “or Newfoundland and Labrador”

 

After debate, the question was put on the subamendment of Dominic LeBlanc and it was agreed to on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Peter Julian, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

Peter Julian moved, — That the amendment be amended by replacing the word “$200” with the word “$100”

 

After debate, the question was put on the subamendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Garry Breitkreuz, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Richard Harris, Jean-Yves Laforest, Dominic LeBlanc, John Maloney — 9.

 

The question was put on the amendment of Helena Guergis and it was agreed to on the following recorded division: YEAS: Garry Breitkreuz, Ron Cannan, Serge Cardin, Mark Eyking, Richard Harris, Jean-Yves Laforest, Dominic LeBlanc, John Maloney, Lui Temelkovski — 9; NAYS: Peter Julian — 1.

 

Peter Julian proposed to move, —That the Committee do now adjourned.

 

The Chair ruled the proposed motion inadmissible because it contradicted the time allocation order adopted by the motion of November 2, 2006.

 

The Chair ruled the amendment to delete Clause 15 inadmissible as the proper course of action would be to vote against the clause.

 

The Chair ruled that pursuant to the order of the Committee agreed earlier today, the debate and vote on Clause 14 is stood.

 

On Clause 11,

Peter Julian moved, — That Bill C-24, in Clause 11, be amended by replacing lines 8 to 17 on page 6 with the following:

“the particular month is 0%.”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Guy André, Ron Cannan, Mark Eyking, Helena Guergis, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 11, be amended by replacing lines 21 to 30 on page 6 with the following:

“the particular month is 0%.”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Guy André, Ron Cannan, Mark Eyking, Brian Jean, Dominic LeBlanc, John Maloney, Ted Menzies — 7.

 

Clause 11 carried on the following recorded division: YEAS: Guy André, Garry Breitkreuz, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney — 8; NAYS: — 0.

 

On Clause 12,

Serge Cardin moved, — That Bill C-24, in Clause 12, be amended by replacing, in the English version, line 12 on page 7 with the following:

“incurred in the placement aboard the conveyance”

 

Peter Julian moved, — That the amendment be amended by replacing the words “aboard the” with the words “aboard any”

 

After debate, the question was put on the subamendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Garry Breitkreuz, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Jean-Yves Laforest, Dominic LeBlanc, John Maloney, Lui Temelkovski — 9.

 

The question was put on the amendment of Serge Cardin and it was agreed to on the following recorded division: YEAS: Garry Breitkreuz, Serge Cardin, Helena Guergis, Richard Harris, Peter Julian, Jean-Yves Laforest, Dominic LeBlanc, Lui Temelkovski — 8; NAYS: — 0.

 
Dominic LeBlanc moved, — That Bill C-24, in Clause 12, be amended by replacing line 17 on page 7 with the following:

“who is certified under section 25 and does not hold specific rights to harvest timber in a public forest, has not acquired standing timber directly from the Crown after October 11, 2006, and is not an associated person with respect to any person who holds specific rights to harvest timber in a public forest or with any person that has acquired standing timber directly from the Crown. For the purposes of this section, persons are associated if they are associated persons within the meaning of subsections 2(2) to (4) of the Special Import Measures Act.”

 

Peter Julian moved, — That the amendment be amended by deleting all the words after the words “and does not hold” and substituting the following:

“a renewable right to harvest over 10,000 cubic meters per year in a public forest, and is not a person, with respect to any person who holds specific renewable rights to harvest timber in a public forest.”

 

After debate, the question was put on the subamendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Richard Harris, Jean-Yves Laforest, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Ron Cannan moved, — That the amendment be amended

a) by deleting all the words after the word “who is certified under section 25” and substituting the following:

“in accordance with the requirements or conditions established under paragraph 100(1)(a)”

b) by adding in Clause 100 after line 12 on page 87 the following subsection:

“Agreement prevails

(1.1) The softwood lumber agreement, as defined in subsection 2(1) of the Export and Import Permits Act, prevails over any regulations made under subsection (1), to the extent of any inconsistency.”

 

The Chair ruled that the two parts of the subamendment were consequential and would be debated together and the decision on one would apply to the other.

 

Whereupon, Peter Julian appealed the decision of the Chair. The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Guy André, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 8; NAYS: Peter Julian — 1.

 

After debate, the question was put on the subamendment of Ron Cannan and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Richard Harris, Peter Julian, Dominic LeBlanc, John Maloney, Ted Menzies — 10.

 

Ted Menzies moved, — That the amendment be further amended by replacing section a) with the following:

“who is certified under section 25 in accordance with the procedure established under Schedule I.”

That as a consequence of the subamendment, that Bill C-24, in Clause 16, be amended by replacing line 8 on page 12 with the following:

“name is set out in schedule II is exempt from”

That as a consequence of the subamendment, that Bill C-24, in Clause 16, be amended by replacing line 14 on page 12 with the following:

“regulation, amend schedule II by adding,”

That as a consequence of the subamendment, that Bill C-24, in the schedule, be amended by replacing line 1 on page 100 with the following:

“Schedule II”

That as a consequence of the subamendment, that Bill C-24 be amended by adding the following Schedule I at line 27 on page 99:

“Schedule I

(Section 12)

1. The CRA shall administer, control and verify the requirements associated with certifying a Person as an Independent Manufacturer of Remanufactured Softwood Lumber Products (“Independent Remanufacturer” for purposes of the SLA 2006.

2. In order to be certified as an Independent Remanufacturer, a company must provide an application to the CRA that includes:

(a) provincial certification that it does not hold Crown tenure rights and, after the Effective Date, has not acquired standing timber directly from the Crown in any province other than a Maritime province or other excluded province;

(b) certification that it is not an Associated Person in respect of a company that holds provincial Crown tenure rights or that has acquired standing timber directly from the Crown; and

(c) a list of Remanufactured Softwood Lumber Products that it expects to produce in the next Year.

3. A certification shall be valid only for such times as the company satisfies the conditions for certification specified in paragraphs 2(a) and (b). A company's exports shall only qualify for the treatment referred to in Article VII(7) as of the date that Canada provides notice to the United States that it has certified the company pursuant to paragraph 2. The exports of a certified Independent Remanufacturer may be disqualified from receiving such treatment if Canada decertifies the company or if an arbitration tribunal pursuant to Article XIV finds that: (a) a company is not an Independent Remanufacturer or (b) the product that the company is exporting is not a Remanufactured Softwood Lumber Product.

4. At the request of either Party, the Parties shall consult on whether to amend the SLA 2006 for purposes of further addressing Remanufactured Softwood Lumber Products based on an assessment of the overall effect of the SLA 2006.

5. No later than 60 days after the end of each Quarter, for each Region that exported Remanufactured Softwood Lumber Products to the United States during the Quarter, Canada shall provide to the United States the weighted-average yield loss percentage used to determine the Export Price for the Softwood Lumber Products incorporated into Remanufactured Softwood Lumber Products exported to the United States from the Region.”

 

The Chair ruled the proposed subamendment inadmissible as it was not a subamendment but a new amendment.

 

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Ron Cannan, Paul Crête, Mark Eyking, Helena Guergis, Richard Harris, Dominic LeBlanc, John Maloney, Ted Menzies — 8; NAYS: Serge Cardin, Peter Julian — 2.

 

After debate, the question was put on the amendment of Dominic LeBlanc and it was agreed to on the following recorded division: YEAS: Ron Cannan, Mark Eyking, Richard Harris, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 7; NAYS: Serge Cardin, Paul Crête, Peter Julian — 3.

 

The Chair ruled that the amendment NDP-7 could not be moved as it had a line conflict with the amendment just adopted by the Committee.

 

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Richard Harris, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

Clause 12, as amended, carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Richard Harris, Dominic LeBlanc, John Maloney, Ted Menzies — 8; NAYS: Peter Julian — 1.

 

On Clause 13,

Peter Julian moved, — That Bill C-24, in Clause 13, be amended by replacing line 34 on page 8 with the following:

“a region during a month is increased by 0.5% if”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Ron Cannan, Serge Cardin, Paul Crête, Helena Guergis, Richard Harris, Dominic LeBlanc, John Maloney, Ted Menzies — 8.

 
Peter Julian moved, — That Bill C-24, in Clause 13, be amended by replacing line 7 on page 9 with the following:

“region for that month exceed 200% of the”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Richard Harris, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Clause 13 carried on the following recorded division: YEAS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

On Clause 14,

RULING BY THE CHAIR

Pursuant to the motion of Ron Cannan earlier today, all the amendments to Clause 14 have been dealt with. The Committee will now proceed to the debate and vote on the clause itself.

 

Clause 14, as amended, carried on the following recorded division: YEAS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Peter Julian, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

On Clause 15,

 

Clause 15 was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

On Clause 17,

Peter Julian moved, — That Bill C-24, in Clause 17, be amended by replacing lines 16 to 18 on page 12 with the following:

17. (1) The Minister for International Trade may, in consultation with the provincial and territorial governments, by regulation, conditionally or”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 17, be amended by replacing lines 22 to 24 on page 12 with the following:

“(2) The Minister for International Trade may, in consultation with the provincial and territorial governments, by regulation, conditionally or”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Paul Crête, Mark Eyking, John Maloney, Ted Menzies, Lui Temelkovski — 7.

 

Clause 17 carried on the following recorded division: YEAS: Rob Anders, Ron Cannan, Paul Crête, Mark Eyking, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 8; NAYS: Peter Julian — 1.

 

On Clause 18,

Ron Cannan moved, — That Bill C-24, in Clause 18, be amended by

(a) replacing line 34 on page 12 with the following:

“12, 2006, has not been liquidated and in respect”

(b) by replacing line 21 on page 13 with the following:

“October 11, 2006.”

(c) replacing line 30 on page 13 with the following:

“ of October 12, 2006.”

 

The Chair ruled that the debate and vote on G-5 would apply to G-7, G-8, G-10 and G-12 as these amendments were consequential.

 

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Rob Anders, Steven Blaney, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

The question was put on the amendment of Helena Guergis and it was agreed to on the following recorded division: YEAS: Rob Anders, Steven Blaney, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

Therefore, the following amendments are adopted: G-7, G-8, G-10, G-12.

 
Peter Julian moved, — That Bill C-24, in Clause 18, be amended by replacing line 26 on page 13 with the following:

“A is US$1.00; and”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 
Peter Julian moved, — That Bill C-24, in Clause 18, be amended by adding after line 12 on page 14 the following:

“It does not include the final scope ruling made on March 3, 2006.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Peter Julian moved, — That the three (3) minute rule be waived for the next amendment.

 

The Chair ruled that this would require unanimous consent.

The Chair asked for unanimous consent.

Unanimous consent was denied.

After debate, the Chair called for the vote on Clause 18.

 

On a point of order, Peter Julian said that he had been speaking to an amendment.

 

The Chair ruled that the Member had not moved an amendment and therefore must have been speaking to the clause.

 

Whereupon, Peter Julian appealed the decision of the Chair concerning the three minutes time limit and witness' questions and answers. The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Rob Anders, Ron Cannan, Paul Crête, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski — 9; NAYS: Peter Julian, John Maloney — 2.

 

Clause 18, as amended, carried on the following recorded division: YEAS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

Peter Julian moved, — That the Committee suspend for fifty-five (55) minutes.

 

After debate, the question was put on the motion and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Mark Eyking moved, — That the debate on each amendment and clause be reduced from three (3) minutes to one (1) minute.

 

After debate, the question was put on the motion and it was agreed to on the following recorded division: YEAS: Rob Anders, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 8; NAYS: Serge Cardin, Peter Julian — 2.

 

On Clause 19,

Peter Julian moved, — That Bill C-24, in Clause 19, be amended by replacing line 4 on page 15 with the following:

19. The Minister shall, in co-operation with the provincial and territorial governments, administer and en-”

 

After debate, the Chair called for the vote on the amendment.

On a point of order, Peter Julian said that he had not had a full minute of debate.

The Chair said that he had.

Thereupon, Peter Julian challenged the ruling of the Chair.

The Chair ruled that whether or not the Member had the floor for one minute was not a ruling but a simple matter of fact.

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 

On Clause 23,

Peter Julian raised a point of order saying that the Chair must recognize his points of order.

The Chair assured the Member he did recognize points of order.

 
Peter Julian moved, — That Bill C-24, in Clause 23, be amended by replacing lines 21 to 23 on page 16 with the following:

23. The Minister shall register any person applying for registration who meets the prescribed requirements and shall notify the person of the effective”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Clause 23 carried on the following recorded division: YEAS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

On Clause 24,

Peter Julian moved, — That Bill C-24, in Clause 24, be amended by replacing lines 32 and 33 on page 16 with the following:

“a person, the Minister shall notify the person by registered mail of the cancellation and the effective date”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Clause 24 carried on the following recorded division: YEAS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

On Clause 25,

Peter Julian moved, — That Bill C-24, in Clause 25, be amended by replacing lines 35 to 41 on page 16 with the following:

25. The Minister shall, when so requested by a provincial or territorial government, provide that government with all relevant information in the Minister's possession that the Minister may lawfully provide in relation to any person who has applied to that government for certification as an independent remanufacturer.”

 

The Chair ruled that, since there were line conflicts, NDP-19 and L-5 could not be put if NDP-18 was agreed to.

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 
Peter Julian moved, — That Bill C-24, in Clause 25, be amended by replacing line 40 on page 16 with the following:

“(2) The Minister may, after consultation with the provincial and territorial governments and after providing reasonable notice to the person, amend, suspend,”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 
Dominic LeBlanc moved, — That Bill C-24, in Clause 25, be amended by replacing line 41 on page 16 with the following:

“renew, cancel or reinstate a certification as required for the purposes of this Act.

(3) If the Minister cancels the certification of a person, the Minister shall notify the person in writing of the cancellation and of its effective date.

(4) The Minister shall establish and maintain a publicly accessible registry containing the following information with respect to each certification:

(a) the name of the person that is certified;

(b) the date of the certification;

(c) any amendment made to the certification and the date of the amendment; and

(d) the date of any suspension, renewal, cancellation or reinstatement of the certification.”

Debate arose thereon.

 

Peter Julian moved, — That the amendment be amended by adding in subsection (3) the words “by registered mail” after the words “shall notify the person in writing”.

 

After debate, the question was put on the subamendment of Peter Julian and it was negatived on the following recorded division: YEAS: Serge Cardin, Paul Crête, Peter Julian — 3; NAYS: Rob Anders, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 8.

 

After debate, the question was put on the amendment of Dominic LeBlanc and it was agreed to on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Peter Julian, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

Clause 25, as amended, carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Peter Julian, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

On Clause 26,

Ted Menzies moved, — That Bill C-24, in Clause 26, be amended by replacing line 11 on page 17 with the following:

“containing information limited to the charges payable under this section;”

Debate arose thereon.

 

Peter Julian moved, — That the amendment be amended by adding the words “and kept confidential” after the words “under this section”.

Debate arose thereon.

 

The question was put on the subamendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS : Rob Anders, Ron Cannan, Serge Cardin, Paul Crête, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Dominic LeBlanc moved, — That the amendment be amended by adding the words “and such information be forwarded to the Minister of Revenue in a timely manner” after the words “under this section”.

 

Peter Julian moved, — That the clause be stood.

 

After debate, the question was put on the motion and it was negatived on the following recorded division: YEAS: Serge Cardin, Peter Julian — 2; NAYS: Rob Anders, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies — 7.

 

After debate, the question was put on the subamendment of Dominic LeBlanc and it was negatived on the following recorded division: YEAS: Rod Bruinooge, Ted Menzies — 2; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Peter Julian, Dominic LeBlanc, John Maloney — 6.

 

After debate, the question was put on the amendment of Ted Menzies and it was agreed to on the following recorded division: YEAS: Rod Bruinooge, Ron Cannan, Mark Eyking, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 7; NAYS: Serge Cardin, Peter Julian, Pierre A. Paquette — 3.

 

Clause 26 carried on the following recorded division: YEAS: Rod Bruinooge, Ron Cannan, Mark Eyking, Dominic LeBlanc, John Maloney, Ted Menzies — 6; NAYS: Guy André, Serge Cardin, Peter Julian — 3.

 

On Clause 28,

Peter Julian moved, — That Bill C-24, in Clause 28, be amended by replacing line 37 on page 17 with the following:

“$100, the amount owing by the person is”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Dominic LeBlanc, John Maloney, Ted Menzies — 7.

 

Clause 28 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9; NAYS: Peter Julian — 1.

 

On Clause 32,

Peter Julian moved, — That Bill C-24, in Clause 32, be amended by replacing line 33 on page 19 with the following:

“required to be paid 90 days after the day on which the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rod Bruinooge, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 

Clause 32 carried on the following recorded division: YEAS: Rod Bruinooge, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

On Clause 33,

Peter Julian moved, — That Bill C-24, in Clause 33, be amended by replacing line 41 on page 19 with the following:

“file, within any reasonable period of not less than 30 days that may be”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Rod Bruinooge, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 

Clause 33 carried on the following recorded division: YEAS: Guy André, Rod Bruinooge, Ron Cannan, Serge Cardin, John Maloney, Ted Menzies, Lui Temelkovski — 7; NAYS: Mark Eyking — 1.

 

On Clause 34,

Peter Julian moved, — That Bill C-24, in Clause 34, be amended by replacing line 1 on page 20 with the following:

34. (1) If, for any reason other than a sudden illness or disability, a person fails to pay an amount to”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Mark Eyking, Peter Julian, John Maloney — 3; NAYS: Rod Bruinooge, Ron Cannan, Helena Guergis, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 6.

 

Rod Bruinooge moved, — That only ten (10) seconds be allowed per vote, per individual, as a maximum.

 

On a point of order, Peter Julian requested that the Clerks tell the Committee if such a motion had ever been brought forward.

The Chair ruled that the Clerks advised the Chair, and he had already ruled the motion in order.

 

John Maloney moved, — That the motion be amended by adding “If no individual vote is cast, it shall be deemed an abstention”.

 

After debate, the question was put on the amendment to the motion and it was agreed to on the following recorded division: YEAS: Rod Bruinooge, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Pierre A. Paquette, Lui Temelkovski — 9; NAYS: Peter Julian — 1.

 

Peter Julian moved, — That the motion be amended by adding the words “unless the member indicates otherwise.”.

 

The Chair ruled the amendment out of order as it negatived the motion.

 

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Rod Bruinooge, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9; NAYS: — 0.

 

After debate, the question was put on the motion and it was agreed to on the following recorded division: YEAS: Guy André, Rod Bruinooge, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 
Peter Julian moved, — That Bill C-24, in Clause 34, be amended by replacing line 5 on page 20 with the following:

“interest shall be compounded annually at the”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Harold Albrecht, Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Peter Julian, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 11.

 
Peter Julian moved, — That Bill C-24, in Clause 34, be amended by replacing line 34 on page 20 with the following:

“period is not more than $250, the Minister shall”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 10.

 
Peter Julian moved, — That Bill C-24, in Clause 34, be amended by replacing line 34 on page 20 with the following:

“period is not more than $250, the Minister may”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 8.

 

Clause 34 carried on the following recorded division: YEAS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, John Maloney, Ted Menzies, Pierre A. Paquette — 8; NAYS: Peter Julian, Lui Temelkovski — 2.

 

On Clause 40,

Peter Julian moved, — That Bill C-24, in Clause 40, be amended

(a) by replacing line 8 on page 22 with the following:

40. (1) The Minister shall, within 30 days after receiving an application from a person”

(b) by replacing line 12 on page 22 with the following:

“calendar quarters, pay to the person a refund of the amount”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 40, be amended by replacing line 13 on page 22 with the following:

“calculated under subsection (2) or (3), together with any interest that has accrued in respect of that amount, if all of”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 10.

 

Clause 40 carried on the following recorded division: YEAS: Harold Albrecht, Gérard Asselin, Ron Cannan, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9; NAYS: Mark Eyking, Peter Julian — 2.

 

On Clause 41,

Peter Julian moved, — That Bill C-24, in Clause 41, be amended by replacing line 45 on page 23 with the following:

“information within five years after the day on”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 10.

 

Clause 41 carried on the following recorded division: YEAS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, John Maloney, Ted Menzies, Pierre A. Paquette — 8; NAYS: Peter Julian, Lui Temelkovski — 2.

 

On Clause 48,

Peter Julian moved, — That Bill C-24, in Clause 48, be amended by replacing line 8 on page 33 with the following:

“(3) Unless otherwise requested by the person and authorized by the”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian, Dominic LeBlanc — 2; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 48, be amended by replacing line 23 on page 33 with the following:

“records shall retain them until the expiry of three”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 10.

 
Peter Julian moved, — That Bill C-24, in Clause 48, be amended by replacing line 39 on page 33 with the following:

“to retain those records for any reasonable period that is”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 
Peter Julian moved, — That Bill C-24, in the French version of Clause 48, be amended by replacing line 1 on page 34 with the following:

« (9) Le ministre peut autoriser par écrit toute personne à »

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 

Clause 48 carried on the following recorded division: YEAS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette — 8; NAYS: Peter Julian — 1.

 

On Clause 49,

Peter Julian moved, — That Bill C-24, in Clause 49, be amended by adding after line 17 on page 34 the following:

“(1.1) Any information that is required to be provided under this Act may be provided in a prescribed alternative format or using prescribed equipment to ensure that persons with disabilities are able to comply with any such requirement.”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian, John Maloney — 2; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 

Clause 49 carried on the following recorded division: YEAS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, Ted Menzies, Pierre A. Paquette — 8; NAYS: Peter Julian, John Maloney, Lui Temelkovski — 3.

 

On Clause 50,

Peter Julian moved, — That Bill C-24, in Clause 50, be amended

(a) by replacing line 36 on page 35 with the following:

“under this section in respect of a charge or a reporting”

(b) by replacing line 39 on page 35 with the following:

“payable by the personne in respect of that charge or”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Harold Albrecht, Gérard Asselin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 

Clause 50 carried on the following recorded division: YEAS: Harold Albrecht, Gérard Asselin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9; NAYS: Peter Julian — 1.

 

Peter Julian proposed to move, — That the Committee suspend its clause-by-clause review of Bill C-24 until the full impact of the amendments have been assessed by the Department.

Whereupon, the Chair ruled the motion out of order on the basis that is contradicted an earlier motion adopted by the Committee.

 

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

On Clause 54,

Peter Julian moved, — That Bill C-24, in Clause 54, be amended by replacing line 41 on page 37 with the following:

“150 days after the date of the notice of the”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian, John Maloney — 2; NAYS: Harold Albrecht, Gérard Asselin, Ron Cannan, Mark Eyking, Helena Guergis, Dominic LeBlanc, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 

Helena Guergis proposed to move, — That this Committee consider together amendments on pages 60-104 because all of these amendments address provisions that are standard within existing tax legislation.

 

Whereupon, the Chair ruled the motion inadmissible on the basis that you require unanimous consent to vote on several amendments together.

 

Clause 54 carried on the following recorded division: YEAS: Gérard Asselin, Ron Cannan, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9; NAYS: Peter Julian, John Maloney — 2.

 
Helena Guergis moved, — That Bill C-24, in Clause 55, be amended by replacing, in the French version, line 39 on page 39 with the following:

“(4) Le ministre peut recevoir la demande”

 

Peter Julian moved, — That the amendment be amended by replacing the words “peut recevoir” with the word “reçoit”

 

After debate, the question was put on the subamendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Gérard Asselin, Ron Cannan, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9.

 

The question was put on the amendment of Helena Guergis and it was agreed to on the following recorded division: YEAS: Gérard Asselin, Ron Cannan, Mark Eyking, Jacques Gourde, Helena Guergis, Peter Julian, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 11; NAYS: — 0.

 
Peter Julian moved, — That Bill C-24, in Clause 55, be amended by replacing line 10 on page 40 with the following:

“(a) the application is made within two years”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 10.

 

At 5:10 p.m., Lui Temelkovski took the Chair.

 

Clause 55, as amended, carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

At 5:15 p.m., Leon Benoit took the Chair.

 

On Clause 56,

Peter Julian moved, — That Bill C-24, in Clause 56, be amended by replacing line 36 on page 40 with the following:

“expiry of 90 days after the decision referred to”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian, John Maloney — 2; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 8.

 

Clause 56 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9; NAYS: Peter Julian, John Maloney — 2.

 

On Clause 57,

Peter Julian moved, — That Bill C-24, in Clause 57, be amended by replacing line 1 on page 42 with the following:

“(b) 60 days have elapsed after the filing of”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian, Dominic LeBlanc — 2; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski — 8.

 
Peter Julian moved, — That Bill C-24, in Clause 57, be amended by replacing line 7 on page 42 with the following:

“instituted after the expiry of 150 days after notice”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian, John Maloney — 2; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Pierre A. Paquette, Lui Temelkovski — 8.

 

Clause 57 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Pierre A. Paquette, Lui Temelkovski — 9; NAYS: Peter Julian, John Maloney — 2.

 

On Clause 64,

Peter Julian moved, — That Bill C-24, in Clause 64, be amended by replacing line 32 on page 46 with the following:

“an amount equal to 0.1% of the amount of”

 

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian, Lui Temelkovski — 2; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Pierre A. Paquette — 9.

 

Clause 64 carried on the following recorded division: YEAS: Ron Cannan, Mark Eyking, Jacques Gourde, Dominic LeBlanc, John Maloney, Ted Menzies — 6; NAYS: Serge Cardin, Peter Julian, Pierre A. Paquette, Lui Temelkovski — 4.

 

At 5:31 p.m. it was agreed, - That the sitting be suspended until immediately after the votes in the House.

At 6:43 p.m., the sitting resumed.

 

Peter Julian moved, — That the Committee adjourn at 8:00 p.m.

 

The Chair ruled the motion inadmissible on the basis that it contradicted an earlier motion adopted by the Committee, and that the remaining amendments and clauses would now be put to a vote without any debate in order to respect the motion the Committee adopted on November 2, 2006.

 

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Lui Temelkovski, Louise Thibault — 9; NAYS: Peter Julian — 1.

 

On Clause 65,

It was deemed moved, — That Bill C-24, in Clause 65, be amended by replacing line 3 on page 47 with the following: “section 33 is liable to a penalty of $50.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Peter Julian — 1; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Louise Thibault — 9.

 

Clause 65 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 10; NAYS: — 0.

 

On Clause 66,

Peter Julian moved, — That Bill C-24, in Clause 66, be amended by replacing line 6 on page 47 with the following:

“under this Act is liable to a penalty of one dollar for”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 10.

 

Clause 66 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

On Clause 67,

Peter Julian moved, — That Bill C-24, in Clause 67, be amended by replacing line 19 on page 47 with the following:

“penalty of the greater of $50 and 5% of the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 

Clause 67 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski — 8; NAYS: Mark Eyking — 1.

 

On Clause 68,

Peter Julian moved, — That Bill C-24, in Clause 68, be amended by replacing lines 9 to 12 on page 48 with the following:

“to a fine of not less than $100 and not more than $2,500 or to imprisonment for a term not exceeding 10 days, or to both.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Dominic LeBlanc — 1; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 68 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

On Clause 69,

Peter Julian moved, — That Bill C-24, in Clause 69, be amended by replacing lines 16 to 21 on page 49 with the following:

“(a) a fine of not less than 5%, and not more than 20%, of the amount payable that was sought to be evaded, or of the refund sought, or, if the amount that was sought to be evaded cannot be ascertained, a fine of not less than $100 and not more than $2,500;”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 69 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski, Louise Thibault — 9; NAYS: John Maloney — 1.

 

On Clause 70,

Peter Julian moved, — That Bill C-24, in Clause 70, be amended by replacing line 7 on page 50 with the following:

“one dollar and an amount equal to 10% of the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 10.

 

Clause 70 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 10; NAYS: — 0.

 

On Clause 72,

Peter Julian moved, — That Bill C-24, in Clause 72, be amended by replacing line 6 on page 51 with the following:

“a fine not exceeding $100.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Mark Eyking — 1; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 72 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9; NAYS: — 0.

 

On Clause 73,

Peter Julian moved, — That Bill C-24, in Clause 73, be amended by replacing lines 8 and 9 on page 51 with the following:

“offence under section 68 or 72 unless it is established that the person did not exercise all due diligence”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Ted Menzies, Lui Temelkovski — 8.

 

Clause 73 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Ted Menzies, Lui Temelkovski, Louise Thibault — 8; NAYS: John Maloney — 1.

 

And a point of order being raised by Peter Julian to the effect that amendments needed to be moved before they could be voted on, the Chair ruled that these amendments, as well as the remaining clauses of the bill, were deemed to be moved as a result of the motion adopted by the Committee on November 2, 2006.

 

On Clause 75,

Peter Julian moved, — That Bill C-24, in Clause 75, be amended by replacing lines 23 and 24 on page 51 with the following:

“ment provided for the offence, if proof exists and if the person has been prosecuted and convicted.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Ted Menzies, Lui Temelkovski — 8.

 

Clause 75 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski, Louise Thibault — 9; NAYS: John Maloney — 1.

 

On Clause 76,

Peter Julian moved, — That Bill C-24, in Clause 76, be amended by replacing lines 12 and 13 on page 52 with the following:

“under this Act, may be laid or made within one year after the day on which the matter of the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 76 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9; NAYS: — 0.

 

Peter Julian proposed to move, - That officials from the Department of International Trade and the Customs and Revenue Agency be allowed to leave.

Whereupon, the Chair ruled that this motion could not be moved as a result of the motion adopted by the Committee on November 2, 2006.

 

On Clause 77,

Peter Julian moved, — That Bill C-24, in Clause 77, be amended by replacing lines 33 to 43 on page 52 and lines 1 to 20 on page 53 with the following:

“(3) If any place referred to in paragraph (2)(a) is a dwelling-house or place of business, the authorized person may not enter that dwelling-house or place of business without the consent of the occupant, except under the authority of a warrant issued under subsection (4).

(4) A judge may issue a warrant authorizing a person to enter a dwelling-house or place of business subject to the conditions specified in the warrant if, on ex parte application by the Minister, a judge is satisfied by information on oath that

(a) there are reasonable grounds to believe that the dwelling-house or place of business is a place referred to in paragraph (2)(a);

(b) entry into the dwelling-house or place of business is necessary for any purpose related to the administration or enforcement of this Act; and

(c) entry into the dwelling-house or place of business has been, or there are reasonable grounds to believe that entry will be, refused.

(5) If the judge is not satisfied that entry into the dwelling-house or place of business is necessary for any purpose related to the administration or enforcement of this Act, the judge may, to the extent that access was or may be expected to be refused and that a record or property is or may be expected to be kept in the dwelling-house or place of business,

(a) order the occupant of the dwelling-house or place of business to provide a person with reasonable access to any record or property that is or should be kept in the dwelling-house or place of business; and”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 77, be amended by replacing line 36 on page 52 with the following:

“consent of the occupant after having advised the occupant of their right to refuse entry, except under the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski — 8.

 

Clause 77 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski — 8; NAYS: John Maloney — 1.

 

On Clause 78,

Peter Julian moved, — That Bill C-24, in Clause 78, be amended by replacing line 5 on page 54 with the following:

“not be heard before the end of ten clear days”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski — 8.

 

Clause 78 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski, Louise Thibault — 8; NAYS: John Maloney — 1.

 

On Clause 81,

Peter Julian moved, — That Bill C-24, in Clause 81, be amended by replacing line 26 on page 55 with the following:

“(a) a reasonable period of not less than 150”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 81, be amended by adding after line 17 on page 56 the following:

“(6.1) For the purposes of subsection (5), a judge shall set aside the requirement if the person demonstrates that they were unable to obtain the information or record despite having made a genuine effort to do so.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 81 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies — 8; NAYS: Lui Temelkovski — 1.

 

On Clause 82,

Peter Julian moved, — That Bill C-24, in Clause 82, be amended by replacing line 41 on page 56 with the following:

“file with the Minister, within eight months after”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 82, be amended by replacing line 44 on page 56 with the following:

“with that person, if that information is necessary for the purposes of this Act.“

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 82 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 8; NAYS: — 0.

 

On Clause 83,

Peter Julian moved, — That Bill C-24, in Clause 83, be amended by replacing line 10 on page 57 with the following:

“unable to act within ten business days, another judge of the same court,”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Ted Menzies, Lui Temelkovski — 7.

 
Peter Julian moved, — That Bill C-24, in Clause 83, be amended by replacing lines 9 and 10 on page 58 with the following:

“retained by the Minister, who shall take proper and responsible care to ensure that it is preserved until the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, John Maloney, Ted Menzies, Lui Temelkovski — 7.

 
Peter Julian moved, — That Bill C-24, in Clause 83, be amended by replacing line 37 on page 58 with the following:

“record at the expense of the Minister, and the Minister shall reimburse reasonable transportation costs to the person for this purpose.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Ted Menzies, Lui Temelkovski, Louise Thibault — 7.

 

Clause 83 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Louise Thibault — 7; NAYS: Lui Temelkovski — 1.

 

On Clause 84,

Peter Julian moved, — That Bill C-24, in Clause 84, be amended by replacing lines 12 and 13 on page 60 with the following:

“(5) The Minister may provide to medical and judicial authorities any confidential information relating to”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 84, be amended by adding after line 34 on page 64 the following:

“(12) The Minister may order the disposal — including by destruction — of any information collected under this section that in the opinion of the Minister is no longer necessary for the administration of this Act.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 

Clause 84 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9; NAYS: — 0.

 

On Clause 85,

Peter Julian moved, — That Bill C-24, in Clause 85, be amended by replacing line 43 on page 65 with the following:

“that is five years after the day on which it”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 85, be amended by replacing line 4 on page 66 with the following:

“subsection (9), on the day that is five years after”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 85 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 8; NAYS: — 0.

 

On Clause 86,

Peter Julian moved, — That Bill C-24, in Clause 86, be amended by replacing line 30 on page 67 with the following:

“150 days after the date of a notice of assessment”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 86, be amended by replacing line 6 on page 68 with the following:

“described in subsection (1) until the end of 150”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 86 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9; NAYS: — 0.

 

On Clause 87,

Peter Julian moved, — That Bill C-24, in Clause 87, be amended by replacing lines 3 and 4 on page 70 with the following:

“section, the Minister may apply to a judge for further direction.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Peter Julian proposed to move, - That the next clause be postponed.

Whereupon, the Chair ruled that this motion could not be moved as a result of the motion adopted by the Committee on November 2, 2006.

 
Peter Julian moved, — That Bill C-24, in Clause 87, be amended by replacing line 7 on page 70 with the following:

“person, the person may, on nine clear days notice”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski, Louise Thibault — 8.

 
Peter Julian moved, — That Bill C-24, in Clause 87, be amended by replacing line 13 on page 70 with the following:

“(a) within 45 days after the authorization was”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 87 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 10; NAYS: — 0.

 

On Clause 88,

Peter Julian moved, — That Bill C-24, in Clause 88, be amended by replacing line 12 on page 71 with the following:

“(3) Les dépenses et autres frais raisonnables”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 

Clause 88 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9; NAYS: Mark Eyking — 1.

 

On Clause 89,

Peter Julian moved, — That Bill C-24, in Clause 89, be amended by replacing lines 26 and 27 on page 75 with the following:

89. (1) If the Minister has knowledge that a person is, or will be within one”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Mark Eyking — 1; NAYS: Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 89, be amended by replacing lines 26 to 28 on page 75 with the following:

89. (1) If the Minister has knowledge that a person is, or will be within ten working days, liable to make a payment to another person”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 
Peter Julian moved, — That Bill C-24, in Clause 89, be amended by replacing lines 39 and 40 on page 75 with the following:

“section (1), if the Minister has knowledge that within 90 days”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 10.

 
Peter Julian moved, — That Bill C-24, in Clause 89, be amended by replacing line 7 on page 76 with the following:

“Minister knows”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 
Peter Julian moved, — That Bill C-24, in Clause 89, be amended by replacing line 19 on page 77 with the following:

“General shall not be made more than three years”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 10.

 

Clause 89 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

On Clause 93,

Peter Julian moved, — That Bill C-24, in Clause 93, be amended by replacing line 23 on page 78 with the following:

“writing give 90 days notice to the person,”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 93, be amended by replacing lines 32 to 35 on page 78 with the following:

“subsection (1) shall be kept for 90 days. If the owner does not pay the amount due together with all expenses within the 90 days, the Minister may”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Serge Cardin, Mark Eyking, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 8.

 

And a point of order having been raised by Peter Julian to the effect that amendments needed to be read before they are put to a vote, the Chair ruled that there was no such requirement.

 

Clause 93 carried on the following recorded division: YEAS: Guy André, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

On Clause 94,

Peter Julian moved, — That Bill C-24, in Clause 94, be amended by replacing line 1 on page 79 with the following:

94. (1) If the Minister has proofs that a person”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Clause 94 carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski, Louise Thibault — 10; NAYS: — 0.

 

On Clause 95,

Peter Julian moved, — That Bill C-24, in Clause 95, be amended by replacing line 14 on page 80 with the following:

“not be made more than one year after the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: Mark Eyking — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 

Clause 95 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

On Clause 96,

Peter Julian moved, — That Bill C-24, in Clause 96, be amended by adding after line 37 on page 82 the following:

“(5.1) This section does not apply to transfers of property that are made by a person

(a) in payment of an obligation to provide spousal or child support pursuant to a written agreement or a court order; or

(b) to fund the education of a child of the person.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Lui Temelkovski — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 96, be amended by adding after line 39 on page 82 the following:

“(7) This section does not apply to any transfer of property that takes place as a result of the death of the transferor.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Lui Temelkovski, Louise Thibault — 9.

 

Clause 96 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Lui Temelkovski — 9; NAYS: — 0.

 

On Clause 98,

Peter Julian moved, — That Bill C-24, in Clause 98, be amended by replacing line 18 on page 85 with the following:

“been called into question in writing within a reasonable time by the Minister or a”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Lui Temelkovski — 8.

 

Clause 98 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Lui Temelkovski — 8; NAYS: John Maloney — 1.

 

On Clause 99,

Peter Julian moved, — That Bill C-24, in Clause 99, be amended by replacing line 27 on page 86 with the following:

99. (1) After consulting fully with all provincial and territorial governments, the Minister shall distribute, among”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Lui Temelkovski — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 99, be amended by replacing line 32 on page 86 with the following:

“less any refunds and less the following costs — not to exceed 5% of the revenue —”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Clause 99 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

On Clause 100,

Dominic LeBlanc moved, — That Bill C-24, in Clause 100, be amended by deleting lines 3 to 5 on page 87.

 

The question was put on the amendment of Dominic LeBlanc and it was agreed to on the following recorded division: YEAS: Ron Cannan, Mark Eyking, Jacques Gourde, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 7; NAYS: Guy André — 1.

 
Serge Cardin moved, — That Bill C-24, in Clause 100, be amended by adding after line 8 on page 87 the following:

“(b.1) respecting the calculation, application and interpretation of the FOB value and export price referred to in section 12;”

 

The question was put on the amendment of Serge Cardin and it was negatived on the following recorded division: YEAS: Guy André, Serge Cardin — 2; NAYS: Ron Cannan, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 8.

 
Peter Julian moved, — That Bill C-24, in Clause 100, be amended by replacing line 15 on page 87 with the following:

“tional Trade and after consulting with provincial and territorial governments, make regulations establishing”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski — 9.

 

Clause 100, as amended, carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

On Clause 104,

 

The Chair ruled that the following amendment was consequential to a previous amendment and therefore it was also adopted:

That Bill C-24, in Clause 104, be amended by replacing line 13 on page 88 with the following:

“beginning on October 12, 2006 and ending on”

 

Clause 104, as amended, carried on the following recorded division: YEAS: Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

On Clause 105,

 

The Chair ruled that the following amendment was consequential to a previous amendment and therefore it was also adopted:

That Bill C-24, in Clause 105, be amended by replacing lines 41 to 44 on page 88 with the following:

105. (1) For the purposes of applying section 13 to the month of October 2006, references to a month in subsection 13(1) and (2) are deemed to be references to the period beginning on October 12, 2006 and ending on October 31, 2006.

(2) The monthly trigger volume applicable to a region for the month of October 2006 is the amount determined by the formula

A x (B/100) x 1.1 x (20/31)

where

A is the value of A determined under subsection 13(3) or (4), as applicable; and

B is the value of B determined under subsection 13(3) or (4), as applicable.

(3) For the purpose of calculating the value of C as determined under subsection 13(3) or (4) for the month of November 2006 in respect of a region,

(a) the reference to “exports from the region of softwood lumber products during the previous month” is deemed to be a reference to exports from the region of softwood lumber products during the period beginning on October 12, 2006 and ending on October 31, 2006; and

(b) the reference to “the trigger volume for the region for the previous month” is deemed to be a reference to the volume calculated under subsection (2).”

 

Clause 105, as amended, carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

On Clause 106,

Peter Julian moved, — That Bill C-24, in Clause 106, be amended by replacing line 5 on page 89 with the following:

“be filed on June 30, 2007.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 

Clause 106 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 
Helena Guergis moved, — That Bill C-24, in Clause 107, be amended by replacing line 11 on page 89 with the following:

“12, 2006.”

 

The question was put on the amendment of Helena Guergis and it was agreed to on the following recorded division: YEAS: Ron Cannan, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies — 7; NAYS: Guy André, Serge Cardin, Lui Temelkovski — 3.

 

Clause 107, as amended, carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies — 9; NAYS: Lui Temelkovski — 1.

 

On Clause 108,

 

The Chair ruled that the following amendment was consequential to a previous amendment and therefore it was also adopted:

That Bill C-24, in Clause 108, be amended by

(a) replacing line 14 on page 89 with the following:

“Permits Actor under paragrah 6.3(3)(a) of that Act, as enacted by section 111 of this Act, and arising out of the implemen-”

(b) replacing line 19 on page 89 with the following:

“earlier than October 12, 2006.”

 

Clause 108, as amended, carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

On Clause 109,

 

The Chair ruled that the following amendment was consequential to a previous amendment and therefore it was also adopted:

That Bill C-24, in Clause 109, be amended by replacing line 35 on page 89 with the following:

“12, 2006 and amended on October 12, 2006, and includes any rectifications made”

 

Clause 109, as amended, carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9; NAYS: — 0.

 

On Clause 111,

Peter Julian moved, — That Bill C-24, in Clause 111, be amended by replacing line 26 on page 90 with the following:

“agreement, the Minister may, after consulting the provincial and territorial governments and the lumber industry, determine the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney, Lui Temelkovski — 2; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies — 7.

 
Peter Julian moved, — That Bill C-24, in Clause 111, be amended by replacing line 33 on page 90 with the following:

“may, after consulting the provincial and territorial governments and the lumber industry,”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski — 8.

 
Peter Julian moved, — That Bill C-24, in Clause 111, be amended by adding after line 7 on page 91 the following:

“(5) The Minister shall make determinations under subsection (2) and allocations under subsection (3) in accordance with guidelines developed in cooperation with the provincial and territorial governments that ensure that those determinations and allocations are done in a fair and transparent manner and that any undue hardship to a person that results from an allocation is addressed by the Minister.”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: John Maloney — 1; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski — 8.

 

Clause 111 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, Ted Menzies, Lui Temelkovski — 8; NAYS: John Maloney — 1.

 

On Clause 113,

Peter Julian moved, — That Bill C-24, in Clause 113, be amended by replacing line 2 on page 92 with the following:

“ter may, after consulting the provincial and territorial governments and giving 180 days' written notice, amend, suspend, cancel or reinstate any”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 

Clause 113 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies, Lui Temelkovski — 8; NAYS: — 0.

 

On Clause 114,

Peter Julian moved, — That Bill C-24, in Clause 114, be amended by replacing lines 31 to 33 on page 92 with the following:

“(3) An inspector may not enter a place referred to in paragraph (2)(a) without the consent of”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 114, be amended

(a) by replacing line 37 on page 92 with the following:

“an inspector to enter a place subject to”

(b) by replacing line 42 on page 92 with the following:

“that the place is a place referred to”

(c) by replacing, in the English version, line 1 on page 93 with the following:

“(b) entry into the place is neces- ”

(d) by replacing, in the English version, line 4 on page 93 with the following:

“(c) entry into the place has been, or”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 
Peter Julian moved, — That Bill C-24, in Clause 114, be amended

(a) by replacing line 8 on page 93 with the following:

“a place is necessary for any purpose”

(b) by replacing lines 13 and 14 on page 93 with the following:

“place,

(a) order the occupant of the place”

(c) by replacing, in the English version, line 17 on page 93 with the following:

“in the place; and”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies — 9.

 
Peter Julian moved, — That Bill C-24, in Clause 114, be amended by replacing line 31 on page 93 with the following:

“(2) The Minister shall specify in writing the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies — 9.

 

Clause 114 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Jacques Gourde, Helena Guergis, John Maloney, Ted Menzies — 7; NAYS: Mark Eyking, Dominic LeBlanc, Lui Temelkovski — 3.

 

On Clause 120,

Peter Julian moved, — That Bill C-24, in Clause 120, be amended by replacing lines 21 and 22 on page 96 with the following:

“(a) that the Governor in Council and Parliament authorize the Minister, the Agency, the”

 

The question was put on the amendment of Peter Julian and it was negatived on the following recorded division: YEAS: — 0; NAYS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10.

 

Clause 120 carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

On Clause 126,

 

The Chair ruled that the following amendment was consequential to a previous amendment and therefore it was also adopted:

That Bill C-24, in Clause 126, be amended by replacing line 18 on page 99 with the following:

“have come into force on October 12, 2006.”

 

Clause 126, as amended, carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 
Helena Guergis moved, — That Bill C-24, in Schedule 1, be amended by replacing item 3 on page 100 with the following:

“3. Beaubois Coaticook inc.”

 

The question was put on the amendment of Helena Guergis and it was agreed to on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

Schedule 1, as amended, carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

Whereupon, Peter Julian appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division: YEAS: Ron Cannan, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 8; NAYS: Guy André, Serge Cardin, Peter Julian — 3.

 

The Short Title carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: — 0.

 

The Bill, as amended, carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

And a point of order having been raised by Peter Julian to the effect that “concurrence motions“ are debatable, the Chair ruled that the consideration of these motions also falls under the motion adopted by the Committee on November 2, 2006.

 

The question: "Shall the Chair report the Bill, as amended, to the House?" was put and was agreed to on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

The Title carried on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

The question: "Shall the Committee order a reprint of the Bill, as amended, for the use of the House at report stage?" was put and was agreed to on the following recorded division: YEAS: Guy André, Ron Cannan, Serge Cardin, Mark Eyking, Jacques Gourde, Helena Guergis, Dominic LeBlanc, John Maloney, Ted Menzies, Lui Temelkovski — 10; NAYS: Peter Julian — 1.

 

At 8:32 p.m., the Committee adjourned to the call of the Chair.

 



Normand Radford
Clerk of the Committee

 
 
2010/12/08 3:32 p.m.