HUMA Committee Meeting

The Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities met at 3:40 p.m. this day, in Room 209, West Block, the Chair, Dean Allison, presiding.

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

Yves Lessard moved, — That the total number of minutes of debate alloted to each member, per amendment and sub-amendment, be limited to at most 2 minutes, and that 2 minutes also be allotted to each member to study a clause, amended or not;

That the Committee complete the clause-by-clause consideration of Bill C-257 by the end of today, Thursday, February 15, 2007;

That Bill C-257 be referred back to the House no later than Monday, February 19, 2007;

That the clause-by-clause consideration of Bill C-257 be completed before the Committee studies other matters;

That the debate on the motions concerning Bill C-257 be limited to 2 minutes per person for each motion.

Debate arose thereon.

At 3:55 p.m., the sitting was suspended.

At 4:07 p.m., the sitting resumed.

By unanimous consent, the motion was withdrawn.

Clause 1 carried on the following recorded division: YEAS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Gary Merasty, Michael Savage, Mario Silva — 7; NAYS: Sylvie Boucher, Patrick Brown, Mike Lake, Lynne Yelich — 4.

“(2.1) Subject to section 87.4, for the duration of a strike or lockout”

After debate, the question was put on the amendment of Mario Silva and it was agreed to.

“does not have the effect of

(a) preventing the employer from taking any necessary measures to avoid the destruction of the employer's property or serious damage to that property; or

(b) exempting the employer, the trade union and the employees in the bargaining unit from continuing to supply essential services, operate facilities or produce goods to the extent necessary to prevent an immediate and serious danger to the safety or health of the public.”

At 4:28 p.m., the sitting was suspended.

At 4:40 p.m., the sitting resumed.

Doubts having been raised on the admissibility of the proposed amendment;

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

Whereupon, Mario Silva appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division: YEAS: Luc Harvey, Mike Lake, Bev Shipley, Lynne Yelich — 4; NAYS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Brian Murphy, Michael Savage, Mario Silva — 7.

After debate, the question was put on the amendment of Mario Silva and it was agreed to on the following recorded division: YEAS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Brian Murphy, Michael Savage, Mario Silva — 7; NAYS: Luc Harvey, Mike Lake, Bev Shipley, Lynne Yelich — 4.

Michael Savage moved, — That the Committee do now adjourn.

The question was put on the motion and it was negatived.

At 5:30 p.m., the sitting was suspended.

At 5:37 p.m., the sitting resumed.

“2.4

(a) the Board, in response to an application from any trade union, employer, association or the minister, may amend any agreement or order established under section 87.4 of the Canada Labour Code to ensure the continued delivery of essential services and maintenance of activities and the Board will render their decision within a reasonable period of time.

(b) such a decision as noted in this section will have the effect of immediately superseding any previous decision, agreement or order by the Board with respect to section 87.4 of the Canada Labour Code and those employees who are designated as essential resulting from this decision will comply with the decision within a reasonable period of time from the date and time the order is issued.”

The Chair ruled the proposed amendment inadmissible.

Whereupon, Mario Silva appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division: YEAS: Luc Harvey, Mike Lake, Bev Shipley, Lynne Yelich — 4; NAYS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Brian Murphy, Michael Savage, Mario Silva — 7.

The question was put on the amendment of Mario Silva and it was agreed to on the following recorded division: YEAS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Brian Murphy, Michael Savage, Mario Silva — 7; NAYS: Luc Harvey, Mike Lake, Bev Shipley, Lynne Yelich — 4.

Clause 2, as amended, carried on the following recorded division: YEAS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Brian Murphy, Michael Savage, Mario Silva — 7; NAYS: Luc Harvey, Mike Lake, Bev Shipley, Lynne Yelich — 4.

Mike Lake moved, — That, in accordance with its Order of Reference of Wednesday, October 25, 2006, your Committee has considered Bill C-257, an Act to amend the Canada Labour Code (replacement workers) and agreed to report the following: Bill C-257 fails to provide balance to both sides in the collective bargaining process and fails to address other issues reflected in the evidence presented by witnesses, accordingly, your Committee recommends, pursuant to Standing Order 97.1, that the House of Commons not proceed further with Bill C-257, an Act to amend the Canada Labour Code (replacement workers).

The question was put on the motion and it was negatived on the following recorded division:YEAS: Luc Harvey, Mike Lake, Bev Shipley, Lynne Yelich — 4; NAYS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Gary Merasty, Michael Savage, Mario Silva — 7.

“offence and liable, on summary conviction, for each day or part of a day that the offence continues, to a fine not exceeding

(a) in the case of a corporation, a trade union or an association, fifty thousand dollars; or

(b) in the case of any other person, one thousand dollars.”

Clause 3, as amended, carried on the following recorded division: YEAS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Gary Merasty, Michael Savage, Mario Silva — 7; NAYS: Luc Harvey, Mike Lake, Bev Shipley, Lynne Yelich — 4.

The Title carried.

The Bill, as amended, carried on the following recorded division: YEAS: Libby Davies, Ruby Dhalla, Carole Lavallée, Yves Lessard, Gary Merasty, Michael Savage, Mario Silva — 7; NAYS: Luc Harvey, Mike Lake, Bev Shipley, Lynne Yelich — 4.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-257, as amended, be reprinted for the use of the House at report stage.

At 5:52 p.m., the Committee adjourned to the call of the Chair.