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

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JOURNALS

No. 88

Thursday, April 10, 2003

10:00 a.m.

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The Clerk informed the House of the unavoidable absence of the Speaker.

Whereupon, Mr. Bélair (Timmins--James Bay) , Deputy Chairman of Committees of the Whole, took the Chair, pursuant to Standing Order 8.

Prayers

Daily Routine Of Business

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Pagtakhan (Minister of Veterans Affairs) , seconded by Mr. Pettigrew (Minister for International Trade) , Bill C-31, An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation 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 Pension Act and the Royal Canadian Mounted Police Superannuation Act”.

Presenting Reports from Inter-parliamentary Delegations

Pursuant to Standing Order 34(1), Mrs. Parrish (Mississauga Centre) presented the Report of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security, Economics and Security, and Political Committees of the NATO Parliamentary Assembly, held in Brussels from February 16 to 18, 2003, and its participation at the annual Economics and Security Committee consultation with the OECD, held in Paris on February 19, 2003. — Sessional Paper No. 8565-372-50-03.

Presenting Reports from Committees

Mr. Williams (St. Albert) , from the Standing Committee on Public Accounts, presented the 11th Report of the Committee (Main Estimates 2003-2004 -- Vote 20 under FINANCE). — Sessional Paper No. 8510-372-59.

A copy of the relevant Minutes of Proceedings (Meeting No. 23) was tabled.

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Mr. Williams (St. Albert) , from the Standing Committee on Public Accounts, presented the 12th Report of the Committee (Public Accounts of Canada, 2001-2002). — Sessional Paper No. 8510-372-60.

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. 4 and 24) was tabled.

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Mr. Williams (St. Albert) , from the Standing Committee on Public Accounts, presented the 13th Report of the Committee (Chapter 7 of the December 2002 Report of the Auditor General of Canada (Canadian Spage Agency — Implementing the Canadian Space Program)). — Sessional Paper No. 8510-372-61.

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. 10 and 24) was tabled.

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Mr. Steckle (Huron—Bruce) , from the Standing Committee on Agriculture and Agri-Food, presented the First Report of the Committee, “Bovine Tuberculosis in the Immediate Vicinity of Riding Mountain National Park in Manitoba”. — Sessional Paper No. 8510-372-62.

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. 4, 14, 18 and 25) was tabled.

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Mr. Adams (Peterborough) , from the Standing Committee on Procedure and House Affairs, presented the 27th Report of the Committee (code of conduct). — Sessional Paper No. 8510-372-63.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 5, 6, 8 to 13, 17, 18, 20, 21, 23, 24, 26, 27, 29, 30 and 33) was tabled.

Presenting Petitions

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

— by Mr. Solberg (Medicine Hat) , one concerning pornography (No. 372-1388) and one concerning stem cell research (No. 372-1389);

— by Mr. Telegdi (Kitchener—Waterloo) , one concerning the Canada Post Corporation (No. 372-1390) and two concerning pornography (Nos. 372-1391 and 372-1392);

— by Mr. Vellacott (Saskatoon—Wanuskewin) , eight concerning stem cell research (Nos. 372-1393 to 372-1400);

— by Mr. Harb (Ottawa Centre) , one concerning the Canada Post Corporation (No. 372-1401);

— by Mr. Sorenson (Crowfoot) , one concerning pornography (No. 372-1402);

— by Mr. Adams (Peterborough) , one concerning aboriginal affairs (No. 372-1403);

— by Mr. Guimond (Beauport—Montmorency—Côte-de-Beaupré—Île-d'Orléans) , two concerning war on Iraq (Nos. 372-1404 and 372-1405);

— by Mr. Steckle (Huron—Bruce) , one concerning the Canada Post Corporation (No. 372-1406) and one concerning stem cell research (No. 372-1407);

— by Mr. Herron (Fundy—Royal) , one concerning the Canadian Charter of Rights and Freedoms (No. 372-1408);

— by Mrs. Ur (Lambton—Kent—Middlesex) , one concerning the Canadian Charter of Rights and Freedoms (No. 372-1409), one concerning gasoline additives (No. 372-1410) and two concerning marriage (Nos. 372-1411 and 372-1412);

— by Mr. Spencer (Regina—Lumsden—Lake Centre) , four concerning the Divorce Act (Nos. 372-1413 to 372-1416).

Government Orders

The House resumed consideration of the motion of Ms. McLellan (Minister of Health) , seconded by Mr. Vanclief (Minister of Agriculture and Agri-Food) , — That Bill C-13, An Act respecting assisted human reproduction, be now read a third time and do pass;

And of the amendment of Mr. Merrifield (Yellowhead) , seconded by Mr. Penson (Peace River) , — That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-13, An Act respecting assisted human reproduction, be not now read a third time but be referred back the Standing Committee on Health for the purpose of reconsidering Clause 18 with the view to allow children born through donor eggs or sperm to know the identity of their biological parents.”.

The debate continued.

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.

Motions

By unanimous consent, it was ordered, — That Private Member's Business motion M-388, standing in the order of precedence on the Order Paper in the name of Mr. St. Denis (Algoma—Manitoulin) , be withdrawn.

Government Orders

The House resumed consideration of the motion of Ms. McLellan (Minister of Health) , seconded by Mr. Vanclief (Minister of Agriculture and Agri-Food) , — That Bill C-13, An Act respecting assisted human reproduction, be now read a third time and do pass;

And of the amendment of Mr. Merrifield (Yellowhead) , seconded by Mr. Penson (Peace River) , — That the motion be amended by deleting all the words after the word “That” and substituting the following:

“Bill C-13, An Act respecting assisted human reproduction, be not now read a third time but be referred back the Standing Committee on Health for the purpose of reconsidering Clause 18 with the view to allow children born through donor eggs or sperm to know the identity of their biological parents.”.

The debate continued.

The question was put on the amendment and, pursuant to Standing Order 45, the recorded division was deferred until Tuesday, April 29, 2003, at the expiry of the time provided for Government Orders.

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The Order was read for the consideration at report stage of Bill C-9, An Act to amend the Canadian Environmental Assessment Act, as reported by the Standing Committee on Environment and Sustainable Development with amendments.

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

Group No. 1 — Motions Nos. 1 to 24.

Group No. 2 — Motions Nos. 25 to 27.

Group No. 1

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 1, — That Bill C-9, in Clause 1, be amended by replacing lines 4 to 7 on page 2 with the following:

“but does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 2, — That Bill C-9, in Clause 1, be amended by replacing lines 32 to 36 on page 2 with the following:

“ those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut,”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 3, — That Bill C-9, in Clause 2, be amended by replacing, in the French version, line 3 on page 4 with the following:

“tive et en temps opportun au processus”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 4, — That Bill C-9, in Clause 5, be amended by replacing, in the French version, lines 18 to 20 on page 5 with the following:

“environnementale du projet si une autorité fédérale — autre que la société d'État — doit prendre”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 5, — That Bill C-9, in Clause 6, be amended by replacing lines 24 and 25 on page 8 with the following:

“(2) An environmental assessment of a project under this section is”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 6, — That Bill C-9, in Clause 8, be amended by replacing, in the French version, line 39 on page 10 with the following:

“éventuellement — de l'expertise ou des connaissances vou-”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 7, — That Bill C-9, in Clause 8, be amended by replacing, in the French version, lines 16 to 21 on page 11 with the following:

“cées :

(a) s'il n'y a qu'une autorité responsable du projet, par celle-ci;

(b) s'il y a plusieurs autorités responsables du projet, par celle qu'elles désignent conjointement ou, si elles ne le font pas dans un délai raisonnable, par celle que l'Agence dési-”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 8, — That Bill C-9, in Clause 9, be amended

(a) by replacing, in the French version, line 18 on page 12 with the following:

“16.3 L'autorité responsable consigne et”

(b) by replacing lines 19 and 20 on page 12 with the following:

“tions pursuant to section 20.”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 9, — That Bill C-9, in Clause 10, be amended by replacing, in the French version, lines 33 to 44 on page 12 with the following:

“(3) Dans les cas où elle estime que la participation du public à l'examen préalable est indiquée ou dans les cas prévus par règlement, l'autorité responsable :

(a) verse au site Internet, avant de donner au public la possibilité d'examiner le rapport d'examen préalable et de faire des observations à son égard, une description de la portée du projet, des éléments à prendre en compte dans le cadre de l'examen préalable et de la portée de ceux-ci ou une indication de la façon d'obtenir copie de cette description;

(b) avant de prendre sa décision aux termes de l'article 20, donne au public la possibilité d'exami-”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 10, — That Bill C-9, in Clause 11, be amended

(a) by replacing line 16 on page 14 with the following:

“included in the Internet site.”

(b) by replacing line 9 on page 15 with the following:

“Canada Gazette and included in the Internet site.”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 11, — That Bill C-9, in Clause 12, be amended by replacing line 9 on page 16 with the following:

“in relation to a project, the responsible authority shall publish a notice of that course of action in the Registry and, notwithstanding any”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 12, — That Bill C-9, in Clause 12, be amended by adding after line 14 on page 16 the following:

“(4) A responsible authority shall not take any course of action under subsection (1) before the 15th day after the inclusion on the Internet site of

(a) notice of the commencement of the environmental assessment;

(b) a description of the scope of the project; and

(c) where the responsible authority, in accordance with subsection 18(3), gives the public an opportunity to participate in the screening of a project, a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained.”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 13, — That Bill C-9, in Clause 13, be amended by replacing, in the French version, line 16 on page 16 with the following:

“sable veille à la tenue d'une consultation publique sur les”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 14, — That Bill C-9, in Clause 14, be amended by replacing, in the French version, line 42 on page 17 with the following:

“susceptible ou non, compte tenu de la mise en”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 15, — That Bill C-9, in Clause 14, be amended

(a) by replacing, in the English version, line 7 on page 18 with the following:

“(2) Before issuing the environmental assess-”

(b) by adding after line 16 on page 18 the following:

“(3) The Minister shall not issue the environmental assessment decision statement before the 30th day after the inclusion on the Internet site of

(a) notice of the commencement of the environmental assessment;

(b) a description of the scope of the project;

(c) where the Minister, under paragraph 21.1(1)(a), refers a project to the responsible authority to continue a comprehensive study,

(i) notice of the Minister's decision to so refer the project, and

(ii) a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained; and

(d) the comprehensive study report that is to be taken into consideration by a responsible authority in making its decision under subsection 37(1) or a description of how a copy of the report may be obtained.”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 16, — That Bill C-9, in Clause 18, be amended by replacing, in the French version, lines 33 to 41 on page 20 with the following:

“(3) L'autorité responsable qui prend la décision visée à l'alinéa (1)b) à l'égard d'un projet est tenue de publier un avis de cette décision dans le registre, et aucune attribution conférée sous le régime de toute autre loi fédérale ou de ses règlements ne peut être exercée de façon à permettre la mise en oeuvre, en tout ou en partie, du projet.”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 17, — That Bill C-9, in Clause 18, be amended by adding after line 47 on page 20 the following:

“(4) A responsible authority shall not take any course of action under subsection (1) before the 30th day after the report submitted by a mediator or a review panel or a summary of it has been included on the Internet site in accordance with paragraph 55.1(2)(p).”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 18, — That Bill C-9, in Clause 19, be amended by replacing, in the English version, line 26 on page 21 with the following:

“ment measures or for improving the quality”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 19, — That Bill C-9, in Clause 26, be amended by replacing, in the English version, lines 16 and 17 on page 26 with the following:

“study, the federal environmental assessment coordinator and, in any other case, the”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 20, — That Bill C-9, in Clause 26, be amended by replacing line 18 on page 26 with the following:

“Agency shall ensure that a copy of any”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 21, — That Bill C-9, in Clause 26, be amended by replacing lines 37 to 40 on page 28 with the following:

“the Internet site;”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 22, — That Bill C-9, in Clause 26, be amended by adding after line 25 on page 29 the following:

“(3) A screening report referred to in paragraph 55.1(2)(k) or a description of how a copy of it may be obtained shall be included in the Internet site not later than the decision referred to in paragraph 55.1(2)(r) that is based on the report, unless otherwise authorized by the Agency.”

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 23, — That Bill C-9, in Clause 28, be amended by replacing, in the French version, line 46 on page 31 with the following:

« sous le régime de la présente loi que l'Agence »

Mr. Easter (Solicitor General of Canada) for Mr. Anderson (Minister of the Environment) , seconded by Mr. Nault (Minister of Indian Affairs and Northern Development) , moved Motion No. 24, — That Bill C-9, in Clause 30, be amended by replacing, in the French version, line 10 on page 34 with the following:

“domanial visée à l'alinéa a) de la définition de ce terme au”

Debate arose on the motions in Group No. 1.

Private Members' Business

At 5:30 p.m., pursuant to Standing Order 30(6), the House proceeded to the consideration of Private Members' Business.

Mr. Bachand (Saint-Jean) , seconded by Ms. Girard-Bujold (Jonquière) , moved, — That, in the opinion of this House, the government should make available to Members a support fund for community activities in each of their ridings. (Private Members' Business M-393)

Debate arose thereon.

Pursuant to Standing Order 93, the Order was dropped to the bottom of the order of precedence on 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. Easter (Solicitor General of Canada) — Report on the use of electronic surveillance for the year 2001, pursuant to the Criminal Code, R.S. 1985, c. C-46, sbs. 195(4). — Sessional Paper No. 8560-372-510-01. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Justice and Human Rights)

Petitions Filed with the Clerk of the House

Pursuant to Standing Order 36, a petition certified correct by the Clerk of Petitions was filed as follows:

— by Mr. Lee (Scarborough—Rouge River) , one concerning the Canada Post Corporation (No. 372-1417).

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 6:41 p.m., the Acting Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).