HOUSE OF COMMONS OF CANADA
37th PARLIAMENT, 2nd SESSION

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JOURNALS

No. 152

Thursday, November 6, 2003

10:00 a.m.

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Prayers

Question of Privilege

A question of privilege having been raised by Mr. Lee (Scarborough—Rouge River) in relation to the conduct of the former Privacy Commissioner, the Speaker ruled that there was a prima facie case of privilege.

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By unanimous consent, Mr. Alcock (Winnipeg South) laid upon the Table, — Copy of a letter of apology from Mr. George Radwanski to Mr. Alcock, Chair of the Standing Committee on Government Operations and Estimates (English text only). — Sessional Paper No. 8530-372-13.

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The House resumed consideration of the question of privilege raised by Mr. Lee (Scarborough—Rouge River) in relation to the conduct of the former Privacy Commissioner.

By unanimous consent, it was ordered, — That the House proceed to Routine Proceedings and return to consideration of the question of privilege raised by Mr. Lee (Scarborough—Rouge River) immediately thereafter.

Daily Routine Of Business

Tabling of Documents

Pursuant to Standing Order 32(2), Mr. Nault (Minister of Indian Affairs and Northern Development) laid upon the Table, — Document entitled “Indian Claims Commission: Annual Report 2002-2003”. — Sessional Paper No. 8525-372-34.

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Pursuant to Standing Order 32(2), Mr. Nault (Minister of Indian Affairs and Northern Development) laid upon the Table, — Report on the Yukon Land Claim Agreements for the fiscal year ended March 31, 2001. — Sessional Paper No. 8525-372-35.

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Pursuant to Standing Order 32(2), Mr. Tirabassi (Parliamentary Secretary to the President of the Treasury Board) laid upon the Table, — Response of the government, pursuant to Standing Order 109, to the Second Report of the Standing Committee on Canadian Heritage, “Our Cultural Sovereignty: The Second Century of Canadian Broadcasting” (Sessional Paper No. 8510-372-104), presented to the House on Wednesday, June 11, 2003. — Sessional Paper No. 8512-372-104.

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Rock (Minister of Industry) for Mr. Chrétien (Prime Minister) , seconded by Mr. Pettigrew (Minister for International Trade) , Bill C-56, An Act to amend the Patent Act and the Food and Drugs Act, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Recommendation
(Pursuant to Standing Order 79(2))

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Patent Act and the Food and Drugs Act”.

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Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Nault (Minister of Indian Affairs and Northern Development) , seconded by Mr. Boudria (Minister of State and Leader of the Government in the House of Commons) , Bill C-57, An Act to give effect to the Westbank First Nation Self-Government Agreement, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Recommendation
(Pursuant to Standing Order 79(2))

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to give effect to the Westbank First Nation Self-Government Agreement”.

Statements by Ministers

Pursuant to Standing Order 33(1), Mr. Pagtakhan (Minister of Veterans Affairs) made a statement.

Presenting Reports from Inter-parliamentary Delegations

Pursuant to Standing Order 34(1), Ms. Torsney (Burlington) presented the Report of the Canadian Group of the Inter-Parliamentary Union respecting its participation at the 108th Inter-Parliamentary Conference and related meetings, held in Santiago, Chili, from April 3 to 12, 2003. — Sessional Paper No. 8565-372-60-02.

Presenting Reports from Committees

Ms. Phinney (Hamilton Mountain) , from the Standing Committee on Public Accounts, presented the 25th Report of the Committee (Chapter 5 of the April 2003 Report of the Auditor General of Canada -- Citizenship and Immigration Canada: Control and Enforcement). — Sessional Paper No. 8510-372-165.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meeting Nos. 29 and 45) was tabled.

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Ms. Phinney (Hamilton Mountain) , from the Standing Committee on Public Accounts, presented the 26th Report of the Committee (Chapter 4 of the April 2003 Report of the Auditor General of Canada -- Correctional Service Canada: Reintegration of Women Offenders). — Sessional Paper No. 8510-372-166.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 30, 45 and 46) was tabled.

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Mr. Szabo (Mississauga South) , from the Standing Committee on Government Operations and Estimates, presented the Tenth Report of the Committee (matters relating to the provisions and operation of the Seized Property Management Act). — Sessional Paper No. 8510-372-167.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 58, 65, 66 and 67) was tabled.

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Mr. Szabo (Mississauga South) , from the Standing Committee on Government Operations and Estimates, presented the 11th Report of the Committee (appointment of Ms. Jennifer Stoddart as Privacy Commissioner of Canada). — Sessional Paper No. 8510-372-168.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 68 to 70) was tabled.

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Mr. Wappel (Scarborough Southwest) , from the Standing Committee on Fisheries and Oceans, presented the Seventh Report of the Committee, “Atlantic Fisheries Issues: May 2003”. — Sessional Paper No. 8510-372-169.

Pursuant to Standing Order 109, the Committee requested that the government table a comprehensive response.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 32 to 39, 41, 50, 51 and 55 to 58) was tabled.

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Ms. Torsney (Burlington) , from the Special Committee on the Non-Medical Use of Drugs, presented the First Report of the Committee (further recommendations on the issues addressed in Bill C-38). — Sessional Paper No. 8510-372-170.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 2 to 10) was tabled.

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Ms. Torsney (Burlington) , from the Special Committee on the Non-Medical Use of Drugs (Bill C-38), presented the Second Report of the Committee (Bill C-38, An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act, with amendments). — Sessional Paper No. 8510-372-171.

A copy of the relevant Minutes of Proceedings (Meeting Nos. 2 to 10) was tabled.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Strahl (Fraser Valley) , seconded by Mr. McNally (Dewdney—Alouette) , Bill C-468, An Act to amend the Criminal Code (joyriding), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

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Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Bertrand (Pontiac—Gatineau—Labelle) , seconded by Mr. Jordan (Leeds—Grenville) , Bill C-469, An Act to recognize Canada's recreational hunting and fishing heritage and to establish the National Fish and Wildlife Heritage Commission, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

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Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Merrifield (Yellowhead) , seconded by Mr. Sorenson (Crowfoot) , Bill C-470, An Act to designate the month of November as Canadian Farm-Raised Deer and Elk Month, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

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Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Sorenson (Crowfoot) , seconded by Mr. Merrifield (Yellowhead) , Bill C-471, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (sexual assault on child -- dangerous offenders), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

First Reading of Senate Public Bills

Pursuant to Standing Order 69(2), on motion of Mr. Lincoln (Lac-Saint-Louis) , seconded by Mr. Wappel (Scarborough Southwest) , Bill S-10, An Act concerning personal watercraft in navigable waters, was read the first time and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, it was ordered, — That, in accordance with subsection 53(1) of the Act to extend the present laws of Canada that protect the privacy of individuals and that provide individuals with a right of access to personal information about themselves, Chapter P-21 of the Revised Statutes of Canada, 1985, this House approve the appointment of Jennifer Stoddart of Westmount, Quebec as Privacy Commissioner for a term of seven years.

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By unanimous consent, it was ordered, — That at 3:00 p.m. on Thursday, November 6, 2003, Mr. Caccia (Davenport) and a spokesperson for each opposition party shall make statements of no more than five minutes each.

Question of Privilege

The House resumed consideration of the question of privilege raised by Mr. Lee (Scarborough—Rouge River) in relation to the conduct of the former Privacy Commissioner.

By unanimous consent, it was ordered, — That this House find George Radwanski to have been in contempt of this House, and acknowledge receipt of his letter of apology, tabled in and read to the House earlier today.

Daily Routine Of Business

Presenting Petitions

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

— by Mr. Thompson (Wild Rose) , one concerning the Canadian Charter of Rights and Freedoms (No. 372-2542);

— by Mr. Bailey (Souris—Moose Mountain) , three concerning marriage (Nos. 372-2543 to 372-2545);

— by Mr. Merrifield (Yellowhead) , nine concerning marriage (Nos. 372-2546 to 372-2554);

— by Mr. Spencer (Regina—Lumsden—Lake Centre) , three concerning marriage (Nos. 372-2555 to 372-2557);

— by Mr. Bertrand (Pontiac—Gatineau—Labelle) , two concerning marriage (Nos. 372-2558 and 372-2559);

— by Mr. Szabo (Mississauga South) , one concerning marriage (No. 372-2560);

— by Mr. Vellacott (Saskatoon—Wanuskewin) , two concerning marriage (Nos. 372-2561 and 372-2562).

Government Orders

The Order was read for the consideration at report stage of Bill C-20, An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act, as reported by the Standing Committee on Justice and Human Rights with amendments.

Pursuant to Standing Order 76.1(5), the Speaker selected for debate Motion No. 1.

Ms. Davies (Vancouver East) , seconded by Ms. Lill (Dartmouth) , moved Motion No. 1, — That Bill C-20 be amended by deleting Clause 7.

Debate arose on motion No. 1

The question was put on Motion No. 1 and, pursuant to Standing Order 45, the recorded division was deferred until Monday, November 17, 2003, at the expiry of the time provided for Government Orders.

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The House resumed consideration of the motion of Mr. Rock (Minister of Industry) , seconded by Mr. Graham (Minister of Foreign Affairs) , — That Bill S-13, An Act to amend the Statistics Act, be now read a second time and referred to the Standing Committee on Industry, Science and Technology.

The debate continued.

The question was put on the motion and, pursuant to Standing Order 45, the recorded division was deferred until Monday, November 17, 2003, at the expiry of the time provided for Government Orders.

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The Order was read for the second reading and reference to the Standing Committee on Industry, Science and Technology of Bill C-52, An Act to amend the Radiocommunication Act.

Mr. Coderre (Minister of Citizenship and Immigration) for Mr. Rock (Minister of Industry) , seconded by Mr. Easter (Solicitor General of Canada) , moved, — That the Bill be now read a second time and referred to the Standing Committee on Industry, Science and Technology.

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.

Government Orders

The Order was read for the consideration at report stage of Bill C-19, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts, as reported by the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources with amendments.

Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 — Motions Nos. 52 and 53.

Group No. 1

Mrs. Desjarlais (Churchill) , seconded by Mr. Proctor (Palliser) , moved Motion No. 52, — That Bill C-19 be amended by deleting Clause 134.

Mrs. Desjarlais (Churchill) , seconded by Mr. Proctor (Palliser) , moved Motion No. 53, — That Bill C-19 be amended by deleting Clause 134.1.

Debate arose on the motions in Group No. 1.

Motions

By unanimous consent, it was ordered, — That Bill S-21, An Act to amalgamate the Canadian Association of Insurance and Financial Advisors and The Canadian Association of Financial Planners under the name The Financial Advisors Association of Canada, be now deemed adopted at all stages.

Accordingly, Bill S-21, An Act to amalgamate the Canadian Association of Insurance and Financial Advisors and The Canadian Association of Financial Planners under the name The Financial Advisors Association of Canada, was deemed read a second time and referred to a Committee of the Whole, deemed considered in Committee of the Whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Government Orders

The House resumed consideration at report stage of Bill C-19, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts, as reported by the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources with amendments;

And of the motions in Group No. 1 (Motions Nos. 52 and 53).

The debate continued on the motions in Group No. 1.

The attention of the Speaker was drawn to the lack of a quorum and, fewer than 20 Members having been counted, pursuant to Standing Order 29(3), the bells were rung to call in the Members.

After one minute, a quorum was found.

The House resumed consideration at report stage of Bill C-19, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts, as reported by the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources with amendments;

And of the motions in Group No. 1 (Motions Nos. 52 and 53).

The debate continued on the motions in Group No. 1.

Motions

By unanimous consent, it was ordered, — That, notwithstanding the provisions of Standing Order 33(2), the expiry of the time provided for Government Orders remain 6:30 p.m.

Government Orders

The House resumed consideration at report stage of Bill C-19, An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts, as reported by the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources with amendments;

And of the motions in Group No. 1 (Motions Nos. 52 and 53).

The debate continued on the motions in Group No. 1.

Messages from the Senate

A message was 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-55, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2004.

Petitions Filed with the Clerk of the House

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

— by Mr. Wappel (Scarborough Southwest) , one concerning marriage (No. 372-2563) and one concerning unborn children (No. 372-2564);

— by Mrs. Parrish (Mississauga Centre) , one concerning the situation in Israel (No. 372-2565).

Returns and Reports Deposited with the Clerk of the House

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

— by the Clerk of Petitions — 1st Report, pursuant to Standing Order 131, which was as follows:

The Clerk of Petitions has the honour to report that the petition from the Canadian Association of Insurance and Finance Advisors and The Canadian Association of Financial Planners, praying for the passage of a private act, filed by Mr. Peterson (Willowdale) on Wednesday, November 5, 2003, meets the requirements of Standing Order 131.

— by the Examiner of Petitions for Private Bills — 1st Report, which was as follows:

Pursuant to Standing Order 133(2), the Examiner of Petitions for Private Bills has taken into consideration the petition from the Canadian Association of Insurance and Finance Advisors and The Canadian Association of Financial Planners, received by the House on Wednesday, November 5, 2003, and has the honour to report that the requirements of the Standing Orders regarding notice have been fully complied with.

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— by Mr. Cauchon (Minister of Justice) — Report of the Law Commission of Canada entitled “Transforming Relationships Through Participatory Justice”, pursuant to the Law Commission of Canada Act, S.C. 1996, c. 9, s. 24. — Sessional Paper No. 8560-372-371-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)

— by Ms. Copps (Minister of Canadian Heritage) — Report of the State of Protected Heritage Areas for 2001, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, s. 31. — Sessional Paper No. 8560-372-741-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Report of the Parks Canada Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2003, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 34(1). — Sessional Paper No. 8560-372-742-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Banff Community Plan (including an extract of the Town of Banff Land Use Bylaw No. 31-3), pursuant to the Canada National Parks, Act S.C. 2000, c. 32, sbs. 33(1). — Sessional Paper No. 8560-372-829- 01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Field Community Plan, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 33(1). — Sessional Paper No. 8560-372-830-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Jasper Community Land Use Plan, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 33(1). — Sessional Paper No. 8560-372-831-01. (Pursuant to Standing Order (32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Lake Louise Community Plan, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 33(1). — Sessional Paper No. 8560-372-832-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Wasagaming Community Plan, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 33(1). — Sessional Paper No. 8560-372-833-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Waterton Community Plan, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 33(1). — Sessional Paper No. 8560-372-834-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Waskesiu Community Plan, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 33(1). — Sessional Paper No. 8560-372-835-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Order amending Schedule 4 to the Canada National Parks Act (SOR JUS-604433), pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 34(1). — Sessional Paper No. 8560-372-836-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Management Plan for Fort Rodd Hill and Fisgard Lighthouse National Historic Sites of Canada, pursuant to the Parks Canada Agency Act, R.S.C. 1998, c. 31, sbs. 32(1). — Sessional Paper No. 8560-372-837-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Management Plan for L'Anse aux Meadows National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1). — Sessional Paper No. 8560-372-838-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Ms. Copps (Minister of Canadian Heritage) — Management Plan for Riel House National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1). — Sessional Paper No. 8560-372-839-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Canadian Heritage)

— by Mr. Graham (Minister of Foreign Affairs) — Copy of Regulations amending the United Nations Suppression of Terrorism Regulations (SOR/JUS-605316), pursuant to the United Nations Act, R.S. 1985, c. U-2, sbs. 4(1). — Sessional Paper No. 8560-372-592-05. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Foreign Affairs and International Trade)

— by Mr. Graham (Minister of Foreign Affairs) — Copy of Regulations repealing the United Nations Libya Regulations (SOR/JUS-603093), pursuant to the United Nations Act, R.S. 1985, c. U-2, sbs. 4(1). — Sessional Paper No. 8560-372-592-06. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Foreign Affairs and International Trade)

— by Mr. Graham (Minister of Foreign Affairs) — Copy of Regulations repealing the United Nations Angola Regulations (SOR/JUS-604602), pursuant to the United Nations Act, R.S. 1985, c. U-2, sbs. 4(1). — Sessional Paper No. 8560-372-592-07. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Foreign Affairs and International Trade)

— by Mr. Rock (Minister of Industry) — Report of the Standards Council of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2003, pursuant to the Financial Administration Act, R. S. 1985, c. F-11, sbs. 150(1). — Sessional Paper No. 8560-372-76-02. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry, Science and Technology)

— by Mr. Rock (Minister of Industry) — Copy of the Directions to the Business Development Bank of Canada (P.C. 2003-1567), pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 89(4). — Sessional Paper No. 8560-372-841-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Industry, Science and Technology)

— by Mrs. Stewart (Minister of Human Resources Development) — Report on the five-year review of the Canada Millennium Scholarship Foundation for 1998-2002, pursuant to the Budget Implementation Act, S.C. 1998, c. 21, sbs. 38(2). — Sessional Paper No. 8560-372-840-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Human Resources Development and the Status of Persons with Disabilities)

Adjournment Proceedings

At 6:30 p.m., pursuant to Standing Order 38(1), the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Accordingly, at 6:48 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).