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MINUTES OF PROCEEDINGS
 
Meeting No. 63
 
Thursday, March 24, 2011
 

The Standing Committee on Industry, Science and Technology met by teleconference at 3:31 p.m. this day, in Room 268 La Promenade Building, the Chair, David Sweet, presiding.

 

Members of the Committee present: Robert Bouchard, Peter Braid, Serge Cardin, Bernard Généreux, Mike Lake, Brian Masse, Hon. Dan McTeague, Anthony Rota, David Sweet, Dave Van Kesteren and Mike Wallace.

 

Acting Members present: Siobhan Coady for Marc Garneau and Claude Gravelle for Brian Masse.

 

In attendance: Library of Parliament: Dillan Theckedath, Analyst; Mathieu Frigon, Analyst. House of Commons: Mike MacPherson, Legislative Clerk.

 

Witnesses: As an individual: Sandy Walker, Partner, Fraser Milner Casgrain LLP.

 
Pursuant to Standing Order 108(2) and the motion adopted by the Committee on Tuesday, February 1, 2011, the Committee resumed its study of the Investment Canada Act.
 

Sandy Walker made a statement and answered questions.

 
The Committee proceeded to the consideration of matters related to Committee business.
 

Anthony Rota moved, — That the Committee immediately report Bill C-568 back to the House without amendments.

 

RULING BY THE CHAIR

As members are well aware, our Committee has an Order of Reference from the House with regard to Bill C-568, a private Member’s Bill. In the case of Private Members’ Bills, the Committee has three options available to fulfil its mandate.

1. The Committee may simply ignore the Order of Reference and the Bill will automatically be deemed reported back to the House without amendment after the prescribed period of sitting days has lapsed (60 sitting days with the possibility of a further 30 sitting day extension).

2. The Committee may adopt a motion to not proceed further with the Bill. This option sets in motion the elements of Standing Order 97.1(2). A motion to concur in the report is automatically placed on notice, debated and subsequently voted on. If the concurrence motion carries, the Bill is defeated. If the motion fails, the Bill is deemed reported without amendment.

3. The Committee may proceed to clause-by-clause consideration of the Bill. In this case, the Committee considers the Bill clause-by-clause and, if necessary, word by word, and approves the text or modifies it. Once all of the clauses have been approved, modified or deleted, the Bill in its entirety is submitted for the approval of the Committee. After the Bill is adopted, the Chair asks the Committee for leave to report the Bill to the House.

The motion of Mr. Rota seeks to empower the Committee to skip clause-by-clause consideration of the Bill and instruct the Chair of the Committee to immediately report the Bill back to the House without amendment.

As House of Commons Procedure and Practice (2nd Edition) states on page 762: “Each clause of the bill is a distinct question requiring separate consideration.”

In order to properly consider the Bill, it will be necessary for the Chair to formally put the question on each clause, any possible amendments or subamendments, the title, the Bill itself, as well as the motion seeking leave to report the Bill. Since the motion of Mr. Rota seeks to combine all of these distinct questions into one general motion, it deprives the Members of the opportunity to propose amendments and voice their opinions on the separate elements being considered. For these reasons, I must rule that the motion is out of order.

Debate arose thereon.

 

Whereupon, Dan McTeague appealed the decision of the Chair.

 

The question: "Shall the decision of the Chair be sustained? " was put and was negatived on the following recorded division: YEAS: Peter Braid, Bernard Généreux, Mike Lake, Dave Van Kesteren, Mike Wallace — 5; NAYS: Robert Bouchard, Serge Cardin, Siobhan Coady, Brian Masse, Dan McTeague, Anthony Rota — 6.

 

The Committee resumed consideration of the motion of Anthony Rota, — That the Committee immediately report Bill C-568 back to the House without amendments.

The debate continued.

 

Mike Lake moved, — That the motion be amended by replacing the words “immediately report Bill C-568 back to the House without amendments” with the words “call Industry Officials to the current meeting and report Bill C-568 back to the House after clause-by-clause consideration”.

 

After debate, the question was put on the amendment of Mike Lake and it was negatived on the following recorded division: YEAS: Peter Braid, Bernard Généreux, Mike Lake, Dave Van Kesteren, Mike Wallace — 5; NAYS: Robert Bouchard, Serge Cardin, Siobhan Coady, Brian Masse, Dan McTeague, Anthony Rota — 6.

 

The Committee resumed consideration of the motion of Anthony Rota, — That the Committee immediately report Bill C-568 back to the House without amendments.

The debate continued.

 

It was agreed, — That in relation to the study of the Investment Canada Act, the proposed budget in the amount of $ 10,300 be adopted.

 

It was agreed, — That in relation to the study of Bill C-568, An Act to amend the Statistics Act (mandatory long-form census), the proposed budget in the amount of $ 7,850 be adopted.

 

At 5:30 p.m., the Committee adjourned to the call of the Chair.

 



Jean Michel Roy
Clerk of the Committee

 
 
2011/05/09 4:05 p.m.