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MINUTES OF PROCEEDINGS
 
Meeting No. 62
 
Wednesday, November 26, 2014
 

The Standing Committee on Finance met in a televised session at 3:30 p.m. this day, in Room 253-D, Centre Block, the Chair, James Rajotte, presiding.

 

Members of the Committee present: Mark Adler, Mike Allen, Hon. Scott Brison, Guy Caron, Nathan Cullen, Gerald Keddy, James Rajotte, Murray Rankin, Andrew Saxton and Dave Van Kesteren.

 

Acting Members present: Bryan Hayes for Dave Van Kesteren, Ted Hsu for Hon. Scott Brison and David Wilks for Dave Van Kesteren.

 

Other Members present: Elizabeth May.

 

In attendance: House of Commons: Chloé O'Shaughnessy, Legislative Clerk; David-Andrés Novoa, Legislative Clerk. Library of Parliament: Mark Mahabir, Analyst; Michaël Lambert-Racine, Analyst.

 

Witnesses: Department of Finance: Alexandra MacLean, Director, Tax Legislation, Tax Policy Branch; Trevor McGowan, Senior Chief, International Inbound Investments; Pierre Mercille, Senior Legislative Chief, Sales Tax Division, Tax Policy Branch. Department of Industry: Denis Martel, Director, Patent Policy Directorate, Marketplace Framework Policy Branch . Department of Transport: Shari Currie, Acting Director General, Civil Aviation; Marie-Claude Day, Legal Counsel. Department of Indian Affairs and Northern Development: Stephen Van Dine, Director General, Northern Strategic Policy Branch. Department of Industry: Pamela Miller, Director General, Telecommunications Policy Branch. Department of Transport: Tamara Rudge, Director, Port Policy. Department of Public Safety and Emergency Preparedness: Sean Jorgensen, Director, Strategic Policy and Integration, Specialized Policing Services, Royal Canadian Mounted Police. Public Health Agency of Canada: Sylvain Segard, Acting Assistant Deputy Minister, Strategic Policy, Planning and International Affairs Branch. Department of Employment and Social Development: Colin Spencer James, Director, Policy and Program Design, Temporary Foreign Workers Program, Skills and Employment Branch. Department of Natural Resources: Ekaterina Ohandjanian, Legal Counsel; Mark Pearson, Director General, External Relations, Science and Policy Integration Sector.

 
Pursuant to the Order of Reference of Monday, November 3, 2014, the Committee resumed consideration of Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures.
 

Alexandra MacLean, Trevor McGowan, Pierre Mercille, Denis Martel, Shari Currie, Marie-Claude Day, Stephen Van Dine, Pamela Miller, Sean Jorgensen, Sylvain Segard, Colin Spencer James, Ekaterina Ohandjanian and Mark Pearson answered questions.

 

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

 

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

 

By unanimous consent, Clauses 2 to 17 inclusive carried severally.

 

Clause 18 carried on division.

 

By unanimous consent, Clauses 19 to 22 inclusive carried severally.

 

After debate, Clause 23 carried on division.

 

By unanimous consent, Clauses 24 and 25 carried severally.

 

Clause 26 carried on division.

 

By unanimous consent, Clauses 27 to 31 inclusive carried severally.

 

After debate, Clause 32 carried on division.

 

Clause 33 carried on division.

 

By unanimous consent, Clauses 34 to 38 inclusive carried severally.

 

Clause 39 carried on division.

 

Clause 40 carried.

 

Clause 41 carried on division.

 

By unanimous consent, Clauses 42 to 54 inclusive carried severally.

 

Clause 55 carried on division.

 

By unanimous consent, Clauses 56 to 58 inclusive carried severally.

 

Clause 59 carried on division.

 

By unanimous consent, Clauses 60 to 69 inclusive carried severally.

 

Clause 70 carried on division.

 

On Clause 71,

Scott Brison moved, — That Bill C-43, in Clause 71, be amended

(a) by replacing lines 40 to 42 on page 184 with the following:

“and command of the ship, any activity incident to or pertaining to the operation of the ship and the laying of cable, but does not include”

(b) by deleting line 46 on page 184.

 

At 4:05 p.m., the sitting was suspended.

At 4:06 p.m., the sitting resumed.

 

After debate, the question was put on the amendment of Scott Brison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 71 carried on division.

 

Clause 72 carried.

 

Clause 73 carried.

 

Clause 74 carried on division.

 

By unanimous consent, Clauses 75 to 88 inclusive carried severally.

 

Clause 89 carried on division.

 

By unanimous consent, Clauses 90 and 91 carried severally.

 

Clause 92 carried.

 

By unanimous consent, Clauses 93 and 94 carried on division severally.

 

Clause 95 carried.

 

After debate, Clause 96 carried on division.

 

Clause 97 carried on division.

 

By unanimous consent, Clauses 98 and 99 carried severally.

 

After debate, by unanimous consent, Clauses 100 and 101 carried severally.

 

After debate, by unanimous consent, Clauses 102 to 131 inclusive carried severally on the following recorded division: YEAS: Mark Adler, Mike Allen, Scott Brison, Gerald Keddy, Andrew Saxton, Dave Van Kesteren — 6; NAYS: Guy Caron, Nathan Cullen, Murray Rankin — 3.

 

On Clause 132,

Nathan Cullen moved, — That Bill C-43, in Clause 132, be amended

(a) by replacing line 24 on page 305 with the following:

“(a) the patentee, within the initial prescribed time,”

(b) by deleting lines 37 to 41 on page 305.

(c) by adding after line 41 on page 305 the following:

“(5.1) Subject to the regulations, if the term limited for the duration of a patent is deemed to have expired under subsection (4), that subsection is deemed never to have produced its effects if

(a) the patentee, within the second prescribed time,

(i) makes a request to the Commissioner for the term limited for the duration of the patent to never have been deemed to have expired,

(ii) states, in the request, the reasons for the failure to pay the prescribed fee and late fee before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, and

(iii) pays the prescribed fee, the late fee and any additional prescribed fee; and (b) the Commissioner determines that the failure occurred in spite of the due care required by the circumstances having been taken and informs the patentee of this determination.”

(d) by replacing line 42 on page 305 with the following:

“(6) If subsection (5) or (5.1) applies, the Federal”

(e) by replacing line 2 on page 306 with the following:

“to in subparagraph (5)(a)(ii) or (5.1)(a)(ii) contains a”

(f) by replacing lines 4 and 5 on page 306 with the following:

“(b) that, if paragraph (5.1)(b) applies, the failure referred to in subparagraph (5.1)(a)(ii)”

 

After debate, the question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill C-43, in Clause 132, be amended by deleting lines 37 to 41 on page 305.

 

By unanimous consent, Clauses 132 to 136 inclusive carried severally on the following recorded division: YEAS: Mark Adler, Mike Allen, Scott Brison, Gerald Keddy, Andrew Saxton, Dave Van Kesteren — 6; NAYS: Guy Caron, Nathan Cullen, Murray Rankin — 3.

 

On Clause 137,

Nathan Cullen moved, — That Bill C-43, in Clause 137, be amended

(a) by replacing line 7 on page 310 with the following:

“(a) the applicant, within the initial prescribed time,”

(b) by deleting lines 18 to 22 on page 310.

(c) by adding after line 22 on page 310 the following:

“(3.1) Subject to the regulations, an application that is deemed to be abandoned is reinstated if

(a) the applicant, within the second prescribed time,

(i) makes a request for reinstatement to the Commissioner,

(ii) states, in the request, the reasons for the failure to take the action that should have been taken in order to avoid the abandonment,

(iii) takes the action that should have been taken in order to avoid the abandonment, and

(iv) pays the prescribed fee; and

(b) the Commissioner determines that the failure occurred in spite of the due care required by the circumstances having been taken and informs the applicant of this determination.”

(d) by replacing lines 23 to 25 on page 310 with the following:

“(3.2) The Federal Court may, by order, declare an application that is reinstated under subsection (3) or (3.1) to never have been reinstated if”

(e) by replacing line 28 on page 310 with the following:

“to in subparagraph (3)(a)(ii) or (3.1)(a)(ii) contains a”

(f) by replacing lines 30 and 31 on page 310 with the following:

“(b) that, if paragraph (3.1)(b) applies, the failure referred to in subparagraph (3.1)(a)(ii)”

 

After debate, the question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill C-43, in Clause 137, be amended by deleting lines 18 to 22 on page 310.

 

By unanimous consent, Clauses 137 to 142 inclusive carried severally on the following recorded division: YEAS: Mark Adler, Mike Allen, Scott Brison, Gerald Keddy, Andrew Saxton, Dave Van Kesteren — 6; NAYS: Guy Caron, Nathan Cullen, Murray Rankin — 3.

 

On Clause 143,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 143, be amended by replacing lines 25 to 27 on page 316 with the following:

“(2) Before making an order under subsection (1), the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.

(3) Subsection (2) does not apply if, in the opinion of the Minister, the order must be made immediately in order to protect aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

After debate, by unanimous consent, Clauses 143 and 144 carried severally and it was agreed to on the following recorded division: YEAS: Mark Adler, Mike Allen, Gerald Keddy, Andrew Saxton, Dave Van Kesteren — 5; NAYS: Scott Brison, Guy Caron, Nathan Cullen, Murray Rankin — 4.

 

At 4:52 p.m., the sitting was suspended.

At 5:06 p.m., the sitting resumed.

 

On Clause 145,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 145, be amended by adding after line 4 on page 318 the following:

“4.1 For the purposes of the Auditor General Act and section 11 of the Federal Sustainable Development Act, CHARS is deemed to be a category I department.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Murray Rankin moved, — That Bill C-43, in Clause 145, be amended by replacing lines 5 to 17 on page 318 with the following:

5. The purpose of CHARS is to promote the development and dissemination of knowledge in respect of the polar regions — consisting of the Arctic and, in an international context, of the circumpolar regions, including the continent of Antarctica — by

(a) advancing knowledge of the Canadian Arctic in order to improve economic opportunities, environmental stewardship and the quality of life of its residents and all other Canadians;

(b) promoting the development of knowledge in respect of the polar regions in Canada by cooperating with organizations, institutions and associations, in Canada and elsewhere, in the determination of scientific and other priorities;

(c) monitoring the state of knowledge, in Canada and elsewhere, in respect of the polar regions and reporting regularly and publicly thereon;

(d) encouraging Canadian organizations, institutions and associations to support the development and dissemination of knowledge in respect of the polar regions;

(e) advising the Minister, when requested, on any matter relating to the polar regions;

(f) providing information about research in respect of the polar regions to Canadians and Canadian organizations, institutions and associations;

(g) enhancing Canada’s international profile as a circumpolar nation by fostering international cooperation in the advancement of knowledge in respect of the polar regions;

(h) strengthening Canada’s leadership on Arctic issues;

(i) establishing a hub for scientific research in the Canadian Arctic; and

(j) undertaking any other activities in the furtherance of its purpose.”

 

After debate, the question was put on the amendment of Murray Rankin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Murray Rankin moved, — That Bill C-43, in Clause 145, be amended by replacing lines 25 to 34 on page 320 with the following:

7. (1) Within four months after the commencement of each fiscal year, the Chairperson must submit to the Minister a report on the activities and operations of CHARS for the preceding fiscal year, including its financial statements, and CHARS must make the annual report available for public scrutiny at its offices and electronically.

(2) The Minister shall cause a copy of any report to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the day on which the Minister receives the report.”

 

After debate, the question was put on the amendment of Murray Rankin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 145, be amended by replacing line 3 on page 321 with the following:

“time basis, only after consultation with the Federal Minister of the Environment, the Minister of Indian Affairs and Northern Development, the Executive Council of Nunavut and the Nunavut Impact Review Board.”

Debate arose thereon.

 

Murray Rankin moved, — That the amendment be amended by adding the words “the Minister of industry” after the words “Northern Development,” and by replacing the words “and the Nunavut Impact Review Board” with the words “, the Northwest Territories, and the Yukon.”

 

After debate, the question was put on the subamendment of Murray Rankin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Clause 145 carried on the following recorded division: YEAS: Mark Adler, Mike Allen, Scott Brison, Gerald Keddy, Andrew Saxton, Dave Van Kesteren — 6; NAYS: Guy Caron, Nathan Cullen, Murray Rankin — 3.

 

At 5:26 p.m., the sitting was suspended.

At 5:27 p.m., the sitting resumed.

 

By unanimous consent, Clauses 146 to 170 inclusive carried on division severally.

 

Clause 171 carried.

 

At 5:30p.m., by unanimous consent and pursuant to Standing Order 115(5), it was agreed that the Committee continue to sit.

 

After debate, Clause 172 carried on the following recorded division: YEAS: Mark Adler, Mike Allen, Gerald Keddy, Andrew Saxton, Dave Van Kesteren — 5; NAYS: Scott Brison, Guy Caron, Nathan Cullen, Murray Rankin — 4.

 

On Clause 173,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 173, be amended by adding after line 25 on page 330 the following:

“(e) any person whose claim for refugee protection is eligible to be referred to the Immigration and Refugee Board and who is awaiting a final determination of that claim by that Board, including a person whose right to judicial review of that determination, or appeal of that judicial review, has not been exhausted, but not including a person whose refugee claim was determined to be abandoned or withdrawn.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 173 carried on the following recorded division: YEAS: Mark Adler, Mike Allen, Gerald Keddy, Andrew Saxton, Dave Van Kesteren — 5; NAYS: Scott Brison, Guy Caron, Nathan Cullen, Murray Rankin — 4.

 

By unanimous consent, Clauses 174 to 185 inclusive carried severally.

 

At 5:51 p.m., the sitting was suspended.

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

 

After debate, Clause 186 carried.

 

On Clause 187,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 187, be amended

(a) by replacing lines 11 and 12 on page 343 with the following:

“(3) Subsection 36(4.1) of the Act is replaced by the following:

(4.1) The Minister shall inform the Canadian or non-Canadian before communicating or disclosing any financial, commercial, scientific or technical information under subparagraph (4)(e)(ii) or paragraph (4)(e.1), (g) or (h), and the Minister shall not communicate or disclose the information if they satisfy the Minister, without delay, that the communication or disclosure would prejudice them.”

(b) by replacing lines 15 and 16 on page 343 with the following:

“disclosing any information under subparagraph (4)(e)(ii) or paragraph (4)(e.3), and the Minister shall not communicate”

(c) by adding after line 19 on page 343 the following:

“(4.12) For the purposes of subsections (4.1) and (4.11), a communication or disclosure is presumed to be prejudicial to the Canadian or non-Canadian if the investment has not been publicly disclosed, unless the Minister determines otherwise.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Ted Hsu moved, — That Bill C-43, in Clause 187, be amended by adding after line 19 on page 343 the following:

“(4) Section 36 of the Act is amended by adding the following after subsection (5):

(6) The Director shall, for each fiscal year, submit a report to the Minister that includes information, in an aggregated form, respecting reviews of investment conducted under Part IV.1 and the Minister shall make the report available to the public.”

 

After debate, the question was put on the amendment of Ted Hsu and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 187 carried.

 

By unanimous consent, Clauses 188 to 190 inclusive carried severally.

 

After debate, by unanimous consent, Clauses 191 and 192 carried severally.

 

After debate, by unanimous consent, Clauses 193 to 210 inclusive carried severally.

 

By unanimous consent, Clauses 211 to 223 inclusive carried on division severally.

 

Clause 224 carried.

 

After debate, Clause 225 carried on the following recorded division: YEAS: Mark Adler, Mike Allen, Bryan Hayes, Gerald Keddy, Andrew Saxton — 5; NAYS: Guy Caron, Nathan Cullen, Ted Hsu, Murray Rankin — 4.

 

After debate, by unanimous consent, it was agreed, — That the result of the vote on the previous clause be applied to Clause 226 which is therefore also adopted.

 

Clause 227 carried.

 

After debate, Clause 228 carried on the following recorded division: YEAS: Mark Adler, Mike Allen, Bryan Hayes, Ted Hsu, Gerald Keddy, Andrew Saxton — 6; NAYS: Guy Caron, Nathan Cullen, Murray Rankin — 3.

 

By unanimous consent, Clauses 229 and 230 carried severally.

 

On Clause 231,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 231, be amended by deleting lines 5 to 21 on page 374.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 231, be amended by adding after line 24 on page 374 the following:

“(4) For greater certainty, any undertaking or class of undertakings that is situated or proposed to be situated in a port remains subject to the requirements set out in the Fisheries Act, Species at Risk Act, Navigation Protection Act and Canadian Environmental Assessment Act, 2012.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 231 carried on division.

 

After debate, by unanimous consent, Clauses 232 to 249 inclusive carried severally.

 

After debate, by unanimous consent, Clauses 250 and 251 carried severally.

 

After debate, Clause 252 carried.

 

After debate, Clause 253 carried by a show of hands: YEAS: 5; NAYS: 4.

 

On Clause 254,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 254, be amended by replacing line 2 on page 391 with the following:

“appointed by the Chief Public Health Officer to hold”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 254, be amended by replacing lines 6 and 7 on page 391 with the following:

“officer of the Agency.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Murray Rankin moved, — That Bill C-43, in Clause 254, be amended by adding after line 9 on page 391 the following:

5.4 (1) No person shall interfere with the President in the performance of his or her powers, duties or functions under this Act, including in particular the determination of evidence-based public health priorities for the Agency, the provision of health advice to the public and unfettered access to the public and media.

(2) For the purposes of this section, “interference” includes political interference or retribution.”

 

After debate, the question was put on the amendment of Murray Rankin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 254 carried on the following recorded division: YEAS: Mark Adler, Mike Allen, Bryan Hayes, Gerald Keddy, Andrew Saxton — 5; NAYS: Guy Caron, Nathan Cullen, Ted Hsu, Murray Rankin — 4.

 

On Clause 255,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 255, be amended by replacing lines 13 and 14 on page 391 with the following:

“a Chief Public Health Officer, who is the deputy head of the Agency and has the rank and status of a deputy head of a department.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Murray Rankin moved, — That Bill C-43, in Clause 255, be amended by replacing line 14 on page 391 with the following:

“of the Agency and shall enjoy the same freedom from interference in the performance of his or her powers, duties or functions under this Act, including in particular the determination of evidence-based public health priorities for the Agency, the provision of health advice to the public and unfettered access to the public and media, as is conferred to the President by section 5.4.”

 

After debate, the question was put on the amendment of Murray Rankin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 255 carried by a show of hands: YEAS: 5; NAYS: 4.

 

On Clause 256,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 256, be amended by replacing line 18 on page 391 with the following:

“provide the Minister with”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

Clause 256 carried by a show of hands: YEAS: 5; NAYS: 3.

 

On Clause 257,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43 be amended by deleting Clause 257.

Debate arose thereon.

 

RULING BY THE CHAIR

The amendment seeks to delete the clause.

As House of Commons Procedure and Practice, Second Edition, states on page 768:

“An amendment that attempts to delete an entire clause is out of order, since voting against the adoption of the clause in question would have the same effect.”

As Members are aware, parliamentary practice does not permit to be done indirectly what cannot be done directly. The amendment is therefore inadmissible.

 

Clause 257 carried by a show of hands: YEAS: 5; NAYS: 4.

 

On Clause 258,

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 258, be amended by replacing line 23 on page 391 with the following:

“placed by the following:

(2) The Chief Public Health Officer shall be paid, in accordance with Treasury Board directives, for reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.”

Debate arose thereon.

 

RULING BY THE CHAIR

Bill C-43 amends the Public Health Agency of Canada Act by repealing subsection 10(2) of the Act. The amendment seeks to reinstate subsection 10(2).

As House of Commons Procedure and Practice, Second Edition, states on page 768:

“An amendment that attempts to delete an entire clause is out of order, since voting against the adoption of the clause in question would have the same effect.”

As Members are aware, parliamentary practice does not permit to be done indirectly what cannot be done directly. Members who do not agree with the repealing of subsection 10(2) are to vote against the clause.

The amendment is therefore inadmissible.

 

Clause 258 carried by a show of hands: YEAS: 5; NAYS: 4.

 

By unanimous consent, Clauses 259 and 260 carried severally by a show of hands: YEAS: 5; NAYS: 4.

 

By unanimous consent, Clauses 261 to 265 inclusive carried severally.

 

By unanimous consent, Clauses 266 to 303 inclusive carried on division severally.

 

By unanimous consent, Clauses 304 and 305 carried severally.

 

At 7:55 p.m., the sitting was suspended.

At 8:08 p.m., the sitting resumed.

 

After debate, Clauses 306 and 307 carried by a show of hands: YEAS: 9; NAYS: 0.

 

On Clause 308,

Murray Rankin moved, — That Bill C-43, in Clause 308, be amended by replacing line 37 on page 407 with the following:

“Employment and Social Development shall, in”

 

After debate, the question was put on the amendment of Murray Rankin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Murray Rankin moved, — That Bill C-43, in Clause 308, be amended by replacing line 19 on page 408 with the following:

“name and address from the list, provided that, in the case of an employer whose employees are represented by a trade union, the Minister or the Minister of Employment and Social Development, as the case may be, has consulted with the relevant local representatives of that trade union before doing so.”

 

The question was put on the amendment of Murray Rankin and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 308 carried by a show of hands: YEAS: 9; NAYS: 0.

 

By unanimous consent, Clauses 309 to 311 inclusive carried severally.

 

On Clause 312,

Ted Hsu moved, — That Bill C-43, in Clause 312, be amended by deleting lines 41 and 42 on page 409.

 

After debate, the question was put on the amendment of Ted Hsu and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 312 carried by a show of hands: YEAS: 9; NAYS: 0.

 

After debate, Clause 313 carried by a show of hands: YEAS: 6; NAYS: 3.

 

Clause 314 carried by a show of hands: YEAS: 9; NAYS: 0.

 

By unanimous consent, Clauses 315 to 333 inclusive carried severally.

 

By unanimous consent, Clauses 334 to 359 inclusive carried on division severally.

 

By unanimous consent, Clauses 360 to 363 inclusive carried severally.

 

On Clause 364,

Andrew Saxton moved, — That Bill C-43, in Clause 364, be amended by replacing, in the English version, line 2 on page 432 with the following:

“to in subsection (1) that systemic risk or payments system risk is being”

 

After debate, the question was put on the amendment of Andrew Saxton and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

 

Clause 364, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

 

By unanimous consent, Clauses 365 to 375 inclusive carried severally.

 

On Clause 376,

Ted Hsu moved, — That Bill C-43, in Clause 376, be amended by adding after line 34 on page 439 the following:

“(a.1) a payment made to an entity that is controlled by or associated with an employee or public office holder of a payee is deemed to have been made to the payee;”

 

After debate, the question was put on the amendment of Ted Hsu and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following three (3) amendments which are therefore also negatived:

That Bill C-43, in Clause 376, be amended by adding after line 17 on page 441 the following:

“(1.1) For the purpose of this section, “assets” means recorded assets on an entity's balance sheet.

(1.2) For the purpose of this section and section 26, “employee” has the same meaning as in Part I of the Canada Labour Code.”

That Bill C-43, in Clause 376, be amended by adding after line 23 on page 441 the following:

“8.1 The Minister must ensure that Aboriginal governments are included in the development of any measures that are intended to apply to Aboriginal people or communities or that are likely to impact them.”

That Bill C-43, in Clause 376, be amended

(a) by replacing line 10 on page 442 with the following:

“made by a director or officer of the entity, or, subject to subsection (4.1), an”

(b) by adding after line 13 on page 442 the following:

“(4.1) An attestation made by an independent auditor or accountant is sufficient if it states that the information in the report appears to be accurate in all material respects.”

 

Pursuant to the order adopted by the Committee on Tuesday, November 5, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-43, in Clause 376, be amended by replacing lines 14 to 18 on page 442 with the following:

“(5) The Minister must specify, in writing, the way in which the payments are to be organized or broken down in the report, which shall include the disclosure of

(a) the payee to which each payment has been made and the jurisdiction of that payee;

(b) the total amount of payments made to each payee;

(c) the total amount per category of payment made to each payee; and

(d) if those payments can be attributed to a specific project, the total amount per category of payment made for each such project and the total amount of payments for each such project.

The Minister may also specify the form and manner in which a report is to be provided. The Minister is”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Ted Hsu moved, — That Bill C-43, in Clause 376, be amended by replacing line 33 on page 450 with the following:

“following payees during the five-year period”

 

After debate, the question was put on the amendment of Ted Hsu and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 376 carried by a show of hands: YEAS: 9; NAYS: 0.

 

Clause 377 carried by a show of hands: YEAS: 9; NAYS: 0.

 

Clause 378 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On Clause 379,

Guy Caron moved, — That Bill C-43, in Clause 379, be amended by replacing line 29 on page 452 with the following:

“subsection (1) takes place is required to”

 

After debate, the question was put on the amendment of Guy Caron and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 379 carried by a show of hands: YEAS: 6; NAYS: 3.

 

By unanimous consent, Clauses 380 and 381 carried by a show of hands: YEAS: 6; NAYS: 3.

 

By unanimous consent, Clauses 382 to 386 inclusive carried on division severally.

 

After debate, by unanimous consent, Clauses 387 to 401 inclusive carried.

 

Clause 1, Short Title, carried on division.

 

The Title carried on division.

 

The Bill, as amended, carried on division.

 

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

 

ORDERED, — That Bill C-43, as amended, be reprinted for the use of the House at report stage.

 

At 8:44 p.m., the sitting was suspended.

At 8:44 p.m., the sitting resumed.

 

At 8:45 p.m., the Committee adjourned to the call of the Chair.

 



Christine Lafrance
Clerk of the Committee

 
 
2014/12/08 11:23 a.m.