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Results: 1 - 30 of 2083
View Scott Simms Profile
Lib. (NL)
Welcome back, everyone, to clause-by-clause on Bill C-10 at the Standing Committee on Canadian Heritage.
To people listening to us, viewing us from afar on the web, on the Internet, you have my apologies. We had a technical problem there at the beginning. We are now overdue, obviously, but nevertheless here we are.
We're going to resume our consideration of clause-by-clause, under what we have received from the House of Commons and the procedure that we are going through.
Before I get into that, however, I want to address something that was raised by Mr. Waugh about a motion of his. I seemed to indicate on Friday that it would be okay. Unfortunately, in this case we cannot deal this since we are now under the ruling that came from the House. We're proceeding with the debate and the clause-by-clause consideration.
However, that being said, I just wanted to bring it up, because I wanted to assure you. Obviously, it fits within the confines of the 48 hours' rule. Therefore, when we finish with Bill C-10, and we have time left over, why doesn't the first order of business be your motion, once we are done?
Just to give everyone a heads-up, when we end we will go to Mr. Waugh's motion. You have received the motion. Please give it your due consideration before that meeting arrives. Following the finish of this particular bill, we'll go into Mr. Waugh's motion.
I think that's about it before we start.
I just also wanted to remind everyone about some of the rules we have here.
We cannot engage in debate. As we go through this there can be no amendments or subamendments, as directed by the majority of the House of Commons on a ruling that took place last week on time allocation.
The only time you will hear me talk more than perhaps you desire, nevertheless, is when I make a ruling on a particular amendment. All the amendments you received in your package will be discussed. If I need to make a ruling I will do so, and I will explain to the best of my ability as to why it is inadmissible.
I promise you, since there is no opportunity to talk about the particular motion by the person who moved it, I will pause—hopefully there will not be an awkward silence—and give time for all of you to consider, because you do have the option to appeal. You can challenge the chair's ruling.
We've already done that once, but I felt at the time I was probably moving a little bit too quickly, and for that I apologize. What I will do, if I have to make a ruling on inadmissibility, is that I will take a pause and you can decide whether you want to appeal that ruling.
Let's go back to where we were.
We are now moving—
View Scott Simms Profile
Lib. (NL)
I will. I promise.
In the meantime, when it comes to challenging the chair, like I said, I have two ways to go. I can either stick with my original ruling or go the opposite way, which I did the last time. Further to that, I don't know what to tell you other than the fact that we can't allow debate and we can't allow amendments, and those are pretty crystal clear from the ruling that we received from the majority of the House.
I do thank you for your point of order, and I will look into it during the first break.
(On clause 8)
The Chair: That said, we left off at and are now at G-13(N).
(Amendment agreed to: yeas 11; nays 0 [See Minutes of Proceedings])
(Clause 8 as amended agreed to: yeas 7; nays 4)
(On clause 9)
View Scott Simms Profile
Lib. (NL)
This brings us to CPC-10.1, put forward by Mr. Rayes.
(Amendment agreed to: yeas 6; nays 5 [See Minutes of Proceedings])
(Clause 9 as amended agreed to: yeas 7; nays 4)
(On clause 10)
View Scott Simms Profile
Lib. (NL)
The first one we are dealing with is PV-24. This is the first of the PV amendments. As I ruled earlier, the amendments from the Green Party are automatically deemed moved due to an order that we decided upon at the beginning of this Parliament.
I wish to discuss it.
PV-24 attempts to remove the discretionary power of the CRTC to make regulations when needed, to force the CRTC to make them in all cases referred to in proposed subsection 11.1(1) of the act. As a result, this power was not originally envisioned in Bill C-10 itself.
That being said, according to page 770 of [Technical difficulty—Editor] goes beyond the principle and scope of the bill.
I'll repeat how that works. This bill has been accepted at second reading, which means we accept the principle and the scope that the bill puts out there. This particular amendment goes beyond the principle and scope of the bill, which we've already voted on. Therefore, it exceeds the will of the House in this particular case.
I have to make a ruling that PV-24 is inadmissible.
I'll give you a moment to reflect. I hope everybody's well.
Now, if you go back to your hymn books, we'll move on to LIB-8, moved by Mr. Housefather.
(Amendment agreed to: yeas 7; nays 4 [See Minutes of Proceedings])
View Scott Simms Profile
Lib. (NL)
Now we go to BQ-28, which was put forward by Mr. Champoux.
(Amendment negatived: nays 9; yeas 2 [See Minutes of Proceedings])
The Chair: This brings us to LIB-9.
I forgot to mention off the top, for anyone just joining us that when I say LIB and these titles, similar to what you would hear at bingo, essentially what this is.... LIB is an amendment put forward by the Liberal party. CPC would be one put forward by the Conservative members of the committee. BQ would be one put forward by the Bloc Québécois members. “NDP” followed by a number would be one from the New Democrat on the committee, and PV—Parti Vert—would be for amendments put forward and deemed moved by the Green Party, primarily Mr. Manly. Finally, G means that it's an amendment put forward by the government.
That being said, as I mentioned, we're on LIB-9, which was put forward by Mr. Housefather.
I have a note before you start [Technical difficulty—Editor ]. I'll say this slowly. If LIB-9 is adopted, BQ-29 becomes moot, as they both contain the same provisions. They are similar enough that you are voting on both LIB-9 and BQ-29.
Officially, it's LIB-9 that we're voting on.
(Amendment agreed to: yeas 10; nays 1 [See Minutes of Proceedings])
View Scott Simms Profile
Lib. (NL)
That brings us to BQ-30, which was put forward by Mr. Champoux.
(Amendment negatived: nays 9; yeas 2 [See Minutes of Proceedings])
(Clause 10 as amended agreed to: yeas 7; nays 4)
(Clause 11 agreed to: yeas 7; nays 4)
( On clause 12)
View Scott Simms Profile
Lib. (NL)
We have some amendments for clause 12. We have BQ-31 put forward by Mr. Champoux, but there is a note. Before you vote, I want everyone to be aware that, if BQ-31 is adopted, then PV-25 becomes moot, as it contains the same provisions as BQ-31. That's PV-25, which would normally fall later, but it's similar to BQ-31, so essentially you're voting on both.
(Amendment negatived: nays 9; yeas 2 [See Minutes of Proceedings])
View Scott Simms Profile
Lib. (NL)
I declare the amendment negatived, and I declare the same for PV-25.
Those were the only amendments for clause 12. Therefore, we go directly to the clause vote.
(Clause 12 agreed to: yeas 7; nays 4)
View Scott Simms Profile
Lib. (NL)
Next we have new clause 12.1, in amendment G-14, which was put forward by Ms. Dabrusin.
(Amendment agreed to: yeas 7; nays 4 [See Minutes of Proceedings])
View Scott Simms Profile
Lib. (NL)
I apologize. It was a straight-up clause.
The amendment was in the last one we carried, which was considered new clause 12.1.
(Clause 13 agreed to: yeas 7; nays 4)
The Chair: Mr. Méla, thank you for pointing that out. Thank goodness for smart people.
With clause 13 carried, we now move on to the next amendment, which brings us to CPC-11.
View Alain Rayes Profile
CPC (QC)
I would like to know if it is possible to withdraw amendment CPC‑11, so that it will not be voted on. It is an amendment that I had tabled. I do not want to move a subamendment; I just want to know if I can withdraw it. I may need unanimous consent to do that.
View Scott Simms Profile
Lib. (NL)
Yes. I just declared what it was, so it is now deemed moved. Therefore, you'll have to have unanimous consent to withdraw it.
Does Mr. Rayes have unanimous consent to withdraw CPC-11? I don't hear any noes.
(Amendment withdrawn)
View Scott Simms Profile
Lib. (NL)
Thank you.
We are now going to CPC-11.1.
In CPC-11.1, we had a great deal of conversation about it. It does amend the Broadcasting Act in many ways. The amendment proposes to amend part of the act related to licences. In this particular case they were talking about amendments to licences [Technical difficulty—Editor] they rendered necessary by other adopted amendments. I just want to read you something that is on page 771 of House of Commons Procedure and Practice. It says:
…an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.
What we're doing here is talking about the parent act in the case of the Broadcasting Act, but in C-10 it doesn't discuss this particular way of amending. Therefore, I have to rule it inadmissible as it goes beyond the principle and scope of the bill that we agreed to on Bill C-10, which was accepted in the House at second reading.
View Garnett Genuis Profile
CPC (AB)
Mr. Chair, I would like to challenge your ruling.
If I correctly understand the rules, they don't allow me to make arguments for that challenge.
Aimée Belmore
View Aimée Belmore Profile
Aimée Belmore
2021-06-11 13:18
The question is this: Shall the ruling of the chair be sustained?
If you vote yea, you agree with the chair and the ruling will be sustained. The amendment would be, I believe, outside the scope or inadmissible. It would sustain the chair's ruling.
If you vote nay, then you'll be able to vote on this amendment.
View Scott Simms Profile
Lib. (NL)
The ruling is not sustained, and off we go to CPC-11.1.
Does everybody understand where we are now? I don't want to move on with anybody misunderstanding what's happening. These things happen fast. We're charting new territory. Do not be afraid to jump in if you have a quick question.
Okay. We are now going to CPC-11.1, as the ruling was not sustained. Therefore, we go to a vote.
(Amendment negatived: nays 7; yeas 4 [See Minutes of Proceedings])
View Scott Simms Profile
Lib. (NL)
Thank you very much.
We are on amendment CPC-11.2. This may sound eerily familiar. It proposes to amend the part of the act related to licences yet again. In the House of Commons Procedure and Practice—it's the third edition I'm speaking of, from page 771—it says:
...an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause in the bill.
I mentioned this was eerily familiar because it is the same as before. However, since it is before us, I am compelled to do it.
Since the part is related to licences, we're talking about section 22 of the Broadcasting Act, which is not being amended by C-10. As I mentioned earlier with the same genuine understanding, it was not touched upon in C-10. We voted that on principle. Therefore, the committee would be exceeding the scope of the bill if we amended something in the act that was not addressed by C-10, and here we are doing an amendment that wasn't.
I really hope that was clear enough for everybody. I'm not sure it was but nevertheless—
View Scott Simms Profile
Lib. (NL)
View Scott Simms Profile
Lib. (NL)
We have 11 nays against the ruling. Okay. Table for one for this chair—I'm kidding.
We will move on shall we. Shall CPC-11.2 carry?
(Amendment negatived: nays 7; yeas 4 [See Minutes of Proceedings])
View Scott Simms Profile
Lib. (NL)
I understand, Mr. Genuis. I understand that. I know. These are strange times indeed. Sometimes I feel the same way you do. However, I feel like I must....
I'll make this brief, if that helps:
...an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.
Again, this pertains to changes in the Broadcasting Act in section 22. Therefore, I cannot allow this to be admissible. I deem it to be inadmissible.
What say you?
View Scott Simms Profile
Lib. (NL)
I'm afraid you can't do that, sir. We have strict orders from the House. Again, I mentioned to you earlier about dealing with the House.
Right now I have to go to the vote, as the challenge was done. Once I make a ruling like that and it's been challenged and overturned, I have to go straight to a vote.
View Scott Simms Profile
Lib. (NL)
Welcome back, everybody.
Mr. Genuis, thank you for your intervention. As I suspected, yes, but I'll just further explain why it is we're doing this in the case of overturning a challenge on a ruling and not in the case of an subamendment that you're putting forward.
When it comes to the motion itself, the first part talks about the five-hour debate that has expired. That's fine. That's been satisfied. In the second part of the motion that came from the House, we have to go by the strict orders that were given to us, and I bring your attention, if you have it in front of you, to the last part of the sentence, “in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or further amendment.”
What I did earlier is I ruled, a challenge was made and it was overturned, but these are regarding amendments that already exist. Either they were deemed moved by the Green Party or they were put forward when a challenge was made, but these are all amendments that were previously placed with us. Therefore, that applies, because there is nothing in this motion that considers options of motions that were already handed in to us.
What it does say, quite explicitly, is this at the end, again, “forthwith and successively, without further debate or amendment”, which is what you are proposing, which I have to rule as out of order. In which case, I now have to go—
Philippe Méla
View Philippe Méla Profile
Philippe Méla
2021-06-11 13:40
Thank you, Mr. Chair and Mr. Genuis.
I think there are two things to consider. There is the five-hour mark, before and after. What the chair did at the arrival of the five-hour mark was basically to interpret what the motion of the House was saying in terms of how to consider the amendments present in the package, where they were either deemed moved or were just in the package, staying there, and what to do with them.
Since the motion of the House is silent on these amendments, the chair made two rulings. The first one was on the amendments from the Green Party. Those ones are, generally speaking, deemed moved. They were considered by the chair and there was no overturning of that ruling.
Then the chair made a second ruling considering the rest of the amendments. He proposed that they would be not proposed by the committee, and the committee overturned that decision. That's why we are now voting on all the rest of the amendments, plus the Green Party amendments.
Now, to your question on adding subamendments at the present time, that is clearly specified in the motion of the House. In the last part of the paragraph, it says:
...and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.
There is before the five-hour mark, and after. Clearly, we are past the five-hour mark. Therefore, no other amendment can be proposed—or subamendment, for that matter.
In this case, I would simply suggest that you bring it to the floor of the House, because basically you can't appeal an order of the House.
View Scott Simms Profile
Lib. (NL)
Mr. Genuis, I appreciate your comments, I truly do. I think maybe you want to bring it up with the House—you're certainly entitled to do that—but this is our interpretation of how we have to proceed based on the motion we have received from the House on this time allocation motion. I thank you for that.
We now go on to LIB-9.1.
Shall LIB-9.1 carry? Seeing no push-back, I declare LIB-9.1 carried.
(Amendment agreed to [See Minutes of Proceedings])
The Chair: Now we're moving on to clauses 14 to 17. There are no amendments, so I will call for the votes.
(Clauses 14 to 17 inclusive agreed to: yeas 7; nays 4)
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