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HOUSE OF COMMONS OF CANADA
36th PARLIAMENT, 2nd SESSION


JOURNALS

No. 037

Friday, December 10, 1999

10:00 a.m.



PRAYERS

MESSAGES FROM THE SENATE

A Message was received from the Senate informing this House that the Senate has passed Bill S-14, An Act to amend the Act of incorporation of the Board of Elders of the Canadian District of the Moravian Church in America, to which the concurrence of this House is desired.

Pursuant to Standing Order 135(2), the Bill was deemed to have been read the first time and ordered for a second reading at the next sitting of the House.

GOVERNMENT ORDERS

The Order was read for the consideration of the Business of Supply.

Ms. Robillard (President of the Treasury Board), seconded by Mr. Gagliano (Minister of Public Works and Government Services), moved Motion No. 1, -- That Vote 1a, in the amount of $63,196,279, under AGRICULTURE AND AGRI-FOOD -- Operating expenditures in Supplementary Estimates (A) for the fiscal year ending March 31, 2000, be concurred in.

Debate arose thereon.

STATEMENTS BY MEMBERS

Pursuant to Standing Order 31, Members made statements.

ORAL QUESTIONS

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Dion (Minister of Intergovernmental Affairs) laid upon the Table, -- Draft bill entitled "An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference". -- Sessional Paper No. 8525-362-5.


Pursuant to Standing Order 32(2), Mr. Lee (Secretary to the Leader of the Government in the House of Commons) laid upon the Table, -- Government responses, pursuant to Standing Order 36(8), to the following petitions:

-- No. 362-0020 concerning aboriginal affairs. -- Sessional Paper No. 8545-362-35-02;

-- No. 362-0085 concerning the income tax system. -- Sessional Paper No. 8545-362-15-05;

-- Nos. 362-0109 and 362-0162 concerning the Senate. -- Sessional Paper No. 8545-362-38-03.

Presenting Reports from Committees

Mr. Bevilacqua (Vaughan -- King -- Aurora), from the Standing Committee on Finance, presented the First Report of the Committee (Budget 2000: New Era...New Plan). -- Sessional Paper No. 8510- 362-11.

A copy of the relevant Minutes of Proceedings (Meeting No. 43) was tabled.


Mr. Grewal (Surrey Central), from the Standing Joint Committee on the Scrutiny of Regulations, presented the First Report of the Committee (additional terms of reference). -- Sessional Paper No. 8510-362-12.

A copy of the relevant Minutes of Proceedings (Meeting No. 1) was tabled.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Axworthy (Minister of Foreign Affairs), seconded by Mr. Collenette (Minister of Transport), Bill C-19, An Act respecting genocide, crimes against humanity and war crimes and to implement the Rome Statute of the International Criminal Court, and to make consequential amendments to other Acts, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Nystrom (Regina -- Qu'Appelle), seconded by Mr. Robinson (Burnaby -- Douglas), Bill C-398, An Act to provide compensation to First Nations veterans on a comparable basis to that given to other war veterans, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.


Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Robinson (Burnaby -- Douglas), seconded by Mr. Nystrom (Regina -- Qu'Appelle), Bill C-399, An Act respecting conscientious objection to the use of taxes for military purposes, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.


Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Grewal (Surrey Central), seconded by Mr. Epp (Elk Island), Bill C-400, An Act to provide defined contribution pensions for the Public Service, the Canadian Forces and the Royal Canadian Mounted Police, to be managed and invested by a private sector manager, and to amend the Income Tax Act and certain other Acts in consequence thereof, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

-- by Mr. Robinson (Burnaby -- Douglas), one concerning housing policy (No. 362-0360);

-- by Mr. Cadman (Surrey North), one concerning sex offenders (No. 362-0361);

-- by Mr. Goldring (Edmonton East), one concerning the official languages of Canada (No. 362-0362);

-- by Mr. Chrétien (Frontenac -- Mégantic), one concerning health care services (No. 362-0363).

GOVERNMENT ORDERS

The House resumed consideration of the Business of Supply;

And of Motion No. 1 of Ms. Robillard (President of the Treasury Board), seconded by Mr. Gagliano (Minister of Public Works and Government Services).

The debate continued.

At 1:15 p.m., pursuant to Standing Order 81(17), the Speaker interrupted the proceedings.

Pursuant to Order made Tuesday, December 7, 1999, the question was deemed put on Motion No. 1 and a recorded division was deemed requested and deferred until Monday, December 13, 1999, at the expiry of the time provided for Government Orders.

MESSAGES FROM THE SENATE

Messages were received from the Senate as follows:

-- ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-6, An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act, with the following amendments:

    1. Page 3, clause 2: Add the following after line 2:
      ````Personal health information'', with respect to an individual, whether living or deceased means:
        (a) information concerning the physical or mental health of the individual;
        (b) information concerning any health service provided to the individual;
        (c) information concerning the donation by the individual of any body part or any bodily substance of the individual or information derived from the testing or examination of a body part or bodily substance of the individual;
        (d) information that is collected in the course of providing health services to the individual; or
        (e) information that is collected incidentally to the provision of health services to the individual.''.
    2. Page 23, clause 30:
      (a) Add the following after line 4:
          ``(1.1) This Part does not apply to any organization in respect of personal health information that it collects, uses or discloses''; and
      (b) Add the following after line 7:
          ``(2.1) Subsection (1.1) ceases to have effect one year after the day on which this section comes into force.''.

-- ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-7, An Act to amend the Criminal Records Act and to amend another Act in consequence, with the following amendments:

    1. Pages 2 to 4, clause 6:
      (a) replace line 42 on page 2 with the following:
          "6.3 (1) The definitions in this subsection apply in this section.
        "children" means persons who are less than 18 years of age.
        "vulnerable persons" means persons who, because of their age, a disability or other circumstances, whether temporary or permanent,
        (a) are in a position of dependence on others; or
        (b) are otherwise at a greater risk than the general population of being harmed by persons in a position of authority or trust relative to them.
          (2) The Commissioner shall make, in";
      (b) replace, in the French version, line 43 on page 2 with the following:
        "royale du Canada une indication permettant";
      (c) replace lines 2 and 3 on page 3 with the following:
        "an individual's conviction for a sexual offence listed in the schedule in respect of which a pardon";
      (d) add after line 5 on page 4 the following:
          "(9) The Governor in Council may, by order, amend the schedule by adding or deleting a reference to a sexual offence."; and
      (e) make consequential changes to the numbering of provisions and any cross-references to them.
    2. Page 5, clause 8:
      (a) delete lines 5 and 6 on page 5;
      (b) delete lines 11 to 13 on page 5;
      (c) make consequential changes to the numbering of provisions and any cross-references to them.
    3. Page 5: Add after line 27 on page 5 the following:
          "8.1 The Act is amended by adding, after section 10, the schedule set out in the schedule to this Act.".
    4. Page 6: Add after line 3 the following:

"SCHEDULE

(Section 8.1)

SCHEDULE

(Subsections 6.3(1) and (9))

      1. Offences under the following provisions of the Criminal Code:
          (a) subsection 7(4.1) (sexual offence against a child by an act or omission outside Canada);
          (b) section 151 (sexual interference with a person under 14);
          (c) section 152 (invitation to a person under 14 to sexual touching);
          (d) section 153 (sexual exploitation of a person 14 or more but under 18);
          (e) section 153.1 (sexual exploitation of a person with a disability);
          (f) section 155 (incest);
          (g) section 159 (anal intercourse);
          (h) subsection 160(3) (bestiality in the presence of a person under 14 or inciting a person under 14 to commit bestiality);
          (i) paragraph 163(1)(a) (obscene materials);
          (j) paragraph 163(2)(a) (obscene materials);
          (k) section 163.1 (child pornography);
          (l) section 168 (mailing obscene matter);
          (m) section 170 (parent or guardian procuring sexual activity);
          (n) section 171 (householder permitting sexual activity);
          (o) section 172 (corrupting children);
          (p) section 173 (indecent acts);
          (q) subsection 212(2) (living on avails of prostitution of a person under 18);
          (r) subsection 212(2.1) (living on avails of prostitution of a person under 18);
          (s) subsection 212(4) (obtain, or attempt to obtain, sexual services of a person under 18);
          (t) section 271 (sexual assault);
          (u) subsection 272(1) and paragraph 272(2)(a) (sexual assault with firearm);
          (v) subsection 272(1) and paragraph 272(2)(b) (sexual assault other than with firearm);
          (w) section 273 (aggravated sexual assault);
          (x) paragraph 273.3(1)(a) (removal of child under 14 from Canada for purposes of listed offences);
          (y) paragraph 273.3(1)(b) (removal of child 14 or more but under 18 from Canada for purpose of listed offence);
          (z) paragraph 273.3(1)(c) (removal of child under 18 from Canada for purposes of listed offences);
          (z.1) section 280 (abduction of a person under 16);
          (z.2) section 281 (abduction of a person under 14);
          (z.3) paragraph 348(1)(a) with respect to breaking and entering a place with intent to commit in that place an indictable offence listed in this schedule;
          (z.4) paragraph 348(1)(b) with respect to breaking and entering a place and committing in that place an indictable offence listed in this schedule;
          (z.5) subsection 372(2) (indecent phone calls); and
          (z.6) section 463 with respect to an attempt to commit an offence listed in this section or with respect to being an accessory after the fact to the commission of an offence listed in this schedule.
      2. Offences under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1988:
          (a) subsection 146(1) (sexual intercourse with a female under 14);
          (b) subsection 146(2) (sexual intercourse with a female 14 or more but under 16);
          (c) section 151 (seduction of a female 16 or more but under 18);
          (d) section 153 (sexual intercourse with stepdaughter, etc., or female employee);
          (e) section 155 (buggery or bestiality);
          (f) section 157 (gross indecency);
          (g) section 166 (parent or guardian procuring defilement); and
          (h) section 167 (householder permitting defilement).
      3. Offences under the following provisions of the Criminal Code, R.S.C. 1970, c. C-34, as that Act read before January 1983:
          (a) section 144 (rape);
          (b) section 145 (attempt to commit rape);
          (c) section 149 (indecent assault on female);
          (d) section 156 (indecent assault on male);
          (e) section 245 (common assault); and
          (f) subsection 246(1) (assault with intent to commit an indictable offence).".

PRIVATE MEMBERS' BUSINESS

At 1:17 p.m., by unanimous consent, the House proceeded to the consideration of Private Members' Business.

The Order was read for the second reading and reference to the Standing Committee on Justice and Human Rights of Bill C-235, An Act to amend the Divorce Act (marriage counselling required before divorce granted).

Mr. Szabo (Mississauga South), seconded by Mr. Bryden (Wentworth -- Burlington), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Debate arose thereon.

Pursuant to Standing Order 96(1), the Order was dropped from the Order Paper.

RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE

Pursuant to Standing Order 32(1), a paper deposited with the Clerk of the House was laid upon the Table as follows:

-- by Mr. Collenette (Minister of Transport) -- Report on the Carriage of Goods by Water Act dated December 1999, pursuant to the Carriage of Goods by Water Act, S.C. 1993, c. 21, s. 4. -- Sessional Paper No. 8560-362-224-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport)

ADJOURNMENT

At 2:17 p.m., by unanimous consent, the Speaker adjourned the House until Monday at 11:00 a.m., pursuant to Standing Order 24(1).