PRAYERS

NATIONAL ANTHEM

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. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, -- Orders in Council approving certain appointments made by the Governor General in Council, pursuant to Standing Order 110(1), as follows:

-- P.C. 1997-1729. -- Sessional Paper No. 8540-361-2C. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Agriculture and Agri-Food)

-- P.C. 1997-1652. -- Sessional Paper No. 8540-361-3D. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Canadian Heritage)

-- P.C. 1997-1655. -- Sessional Paper No. 8540-361-14G. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Citizenship and Immigration)

-- P.C. 1997-1725. -- Sessional Paper No. 8540-361-10C. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Fisheries and Oceans)

-- P.C. 1997-1723. -- Sessional Paper No. 8540-361-8D. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Foreign Affairs and International Trade)

-- P.C. 1997-1650. -- Sessional Paper No. 8540-361-22D. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Industry)

-- P.C. 1997-1727. -- Sessional Paper No. 8540-361-17A. (Pursuant to Standing Order 32(6), referred to the Standing Committee on National Defence and Veterans Affairs)

-- P.C. 1997-1651 and P.C. 1997-1731. -- Sessional Paper No. 8540-361-6D. (Pursuant to Standing Order 32(6), referred to the Standing Committee on Natural Resources and Government Operations)

Pursuant to Standing Order 32(2), Mr. Adams (Parliamentary 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. 361-0096 concerning the fishing industry. -- Sessional Paper No. 8545-361-13;

-- Nos. 361-0109, 361-0114, 361-0122, 361-0136, 361-0158 and 361-0169 concerning police and firefighters' death benefits. -- Sessional Paper No. 8545-361-14;

-- Nos. 361-0130, 361-0131 and 361-0132 concerning the Canadian flag. -- Sessional Paper No. 8545-361-15.

Presenting Reports from Committees

Mr. Lincoln (Lac-Saint-Louis), from the Standing Committee on Canadian Heritage, presented the 2nd Report of the Committee -- (Canada Television and Cable Production Fund). -- Sessional Paper No. 8510-361-24.

A copy of the relevant Minutes of Proceedings (Meeting No. 24) was tabled.

Presenting Petitions

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

-- by Mr. Szabo (Mississauga South), one concerning the income tax system (No. 361-0267);

-- by Ms. Wasylycia-Leis (Winnipeg North Centre), one concerning the Canada Pension Plan (No. 361-0268);

-- by Mr. Calder (Dufferin -- Peel -- Wellington -- Grey), two concerning nudity (Nos. 361-0269 and 361-0270) and two concerning the highway system (Nos. 361- 0271 and 361-0272);

-- by Mrs. Desjarlais (Churchill), one concerning the Canada Pension Plan (No. 361-0273);

-- by Mrs. Ur (Lambton -- Kent -- Middlesex), one concerning the Young Offenders Act (No. 361-0274);

-- by Mr. Proctor (Palliser), one concerning the Canada Pension Plan (No. 361- 0275).

Questions on Order Paper

Mr. Adams (Parliamentary Secretary to the Leader of the Government in the House of Commons) presented the answer to question Q-23 on the Order Paper.

GOVERNMENT ORDERS

The Order was read for the consideration at report stage and second reading of Bill C-9, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence, as reported by the Standing Committee on Transport with amendments.

Pursuant to Standing Order 76(5), the Speaker selected and grouped for debate the following motions:

Group No. 1 -- Motions Nos. 1 to 3 and 12.

Group No. 2 -- Motions Nos. 4, 10, 11, 20 and 21.

Group No. 3 -- Motions Nos. 5 to 9 and 13 to 17.

Group No. 4 -- Motions Nos. 18 and 19.

MOTIONS

By unanimous consent, it was ordered, -- That all amendments that have been found in order at the report stage of Bill C-9, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence, be deemed to have been read by the Chair and to have been duly moved and seconded and that, when there is no further debate, the amendments will be deemed to have been put and a recorded division requested and, in any case, no later than 5:30 p.m. today, all questions necessary to complete the report stage will be deemed to have put, divisions requested and deferred until the expiry of the time provided for Government Orders tomorrow.

GOVERNMENT ORDERS

The House resumed consideration at report stage and second reading of Bill C-9, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence, as reported by the Standing Committee on Transport with amendments.

Group No. 1

Mr. Guimond (Beauport -- Montmorency -- Orléans), seconded by Mr. Mercier (Terrebonne -- Blainville), moved Motion No. 1, -- That Bill C-9, in Clause 8, be amended by replacing line 9 on page 6 with the following:

``(ii) one individual appointed by each of the''

Mr. Guimond (Beauport -- Montmorency -- Orléans), seconded by Mr. Mercier (Terrebonne -- Blainville), moved Motion No. 2, -- That Bill C-9, in Clause 12, be amended by adding after line 7 on page 11 the following:

``(3.1) For the purposes of subsection (3) the Minister may fix the limits of a port that is to be managed by a port authority.''

Mr. Guimond (Beauport -- Montmorency -- Orléans), seconded by Mr. Mercier (Terrebonne -- Blainville), moved Motion No. 3, -- That Bill C-9, in Clause 14, be amended by replacing lines 7 to 9 on page 13 with the following:

``users.''

Mr. Guimond (Beauport -- Montmorency -- Orléans), seconded by Mr. Mercier (Terrebonne -- Blainville), moved Motion No. 12, -- That Bill C-9, in Clause 48, be amended by replacing line 32 on page 29 with the following:

"matters and zoning by-laws that apply to neighbouring lands.''

Debate arose on the motions in Group No. 1 (Motions Nos. 1 to 3 and 12).

The question was put on Motion No. 1 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 2 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 3 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 12 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 2

Mr. Collenette (Minister of Transport), seconded by Mr. Keyes (Parliamentary Secretary to the Minister of Transport), moved Motion No. 4, -- That Bill C-9, in Clause 31, be amended

(a) by replacing line 14 on page 22 with the following:

"(3) Subject to subsection (4), a port authority may not mortgage,"

(b) by replacing lines 18 to 26 on page 22 with the following:

"revenues of that property.

(4) A port authority may, if authorized in the letters patent, create a security interest in fixtures on federal real property to the same extent as Her Majesty could create such an interest and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

(5) For the purposes of subsections (3) and (4), "security interest" means an interest in or charge on property or fixtures mentioned in those subsections to secure the discharge of an obligation or liability of the port authority.

(6) A grant under subsection (4) may be effected by any instrument by which an interest in real property may be granted by a private person under the laws in force in the province in which the federal real property or fixtures are situated."

Mr. Collenette (Minister of Transport), seconded by Mr. Keyes (Parliamentary Secretary to the Minister of Transport), moved Motion No. 10, -- That Bill C-9, in Clause 45, be amended by adding after line 38 on page 28 the following:

"(3.1) The port authority may exercise the powers under subsection (3) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose."

Mr. Collenette (Minister of Transport), seconded by Mr. Keyes (Parliamentary Secretary to the Minister of Transport), moved Motion No. 11, -- That Bill C-9, in Clause 46, be amended

a) by replacing lines 3 to 7 on page 29 with the following:

"property that it manages but it may

(a) without the issuance of supplementary letters patent, grant road allowances or easements, rights of way or licences for utilities, services or access; and

(b) to the extent authorized in the letters patent,

(i) exchange federal real property for other real property of comparable market value subject to the issuance of supplementary letters patent that describe the other real property as federal real property, and

(ii) dispose of fixtures on federal real property.

(1.1) The port authority may exercise the powers under paragraph (1)(a) or (b) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose."

(b) by replacing, in the French version, lines 21 to 25 on page 29 with the following:

"(3) Les concessions peuvent être faites par un acte qui, en vertu des lois de la province de situation de l'immeuble fédéral, peut servir à faire des concessions entre sujets de droit privé."

Mr. Collenette (Minister of Transport), seconded by Mr. Keyes (Parliamentary Secretary to the Minister of Transport), moved Motion No. 20, -- That Bill C-9 be amended by adding after line 2 on page 98 the following:

"195.1 Section 589 of the Act is replaced by the following:

589. All fines recovered under this Part shall be paid over to the Receiver General and shall form part of the Consolidated Revenue Fund."

By unanimous consent, Mr. Collenette (Minister of Transport), seconded by Mr. Keyes (Parliamentary Secretary to the Minister of Transport), moved new Motion No. 21, -- That Bill C-9, in Clause 23, be amended by replacing line 34 on page 16 with the following:

"tions made under paragraph 27(1)(e)."

Debate arose on the motions in Group No. 2 (Motions Nos. 4, 10, 11, 20 and 21).

The question was put on Motion No. 4 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 10 and 11, was deferred.

The question was put on Motion No. 20 and, pursuant to Standing Order 76(8), the recorded division was deferred.

The question was put on Motion No. 21 and, pursuant to Standing Order 76(8), the recorded division was deferred.

Group No. 3

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 5, -- That Bill C-9, in Clause 38, be amended by adding after line 15 on page 25 the following:

"(1.1) A port authority shall establish a code of conduct and system of practices respecting avoidance of conflict of interest by its directors and officers."

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 6, -- That Bill C-9, in Clause 41, be amended by replacing line 4 on page 26 with the following:

"referred to in subsections 38(1) and (1.1) were, in the"

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 7, -- That Bill C-9, in Clause 41, be amended by adding after line 11 on page 26 the following:

"(2.1) An examiner shall be a person appointed by the Minister from suitable persons in the office of the Auditor General of Canada or the Department of Justice."

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 8, -- That Bill C-9, in Clause 41, be amended by replacing lines 24 to 25 on page 26 with the following:

"about the plan, the matter shall be referred to the Canadian Transportation Agency and the Agency shall make a final determination with respect to it and shall report its determination to the Standing Committee of the House of Commons appointed to deal with matters relating to Transportation."

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 9, -- That Bill C-9 be amended by deleting clause 43.

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 13, -- That Bill C-9, in Clause 85, be amended by adding after line 8 on page 54 the following:

"(1.1) A not-for-profit corporation shall, in respect of its operation of the Seaway establish a code of conduct and system of practices respecting avoidance of conflict of interest by its directors and officers."

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 14, -- That Bill C-9, in Clause 87, be amended by replacing lines 29 to 30 on page 54 with the following:

"tems and practices referred to in subsections 85(1) and (1.1) were, in the period under examination"

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 15, -- That Bill C-9, in Clause 87, be amended by adding after line 36 on page 54 the following:

"(2.1) An examiner shall be a person appointed by the Minister from suitable persons in the office of the Auditor General of Canada or the Department of Justice."

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 16, -- That Bill C-9, in Clause 87, be amended by replacing line 3 on page 55 with the following:

"shall be referred to the Canadian Transportation Agency and the Agency shall make a final determination with respect to it and shall report its determination to the Standing Committee of the House of Commons appointed to deal with matters relating to Transportation."

Mr. Morrison (Cypress Hills -- Grasslands), seconded by Mr. Bailey (Souris -- Moose Mountain), moved Motion No. 17, -- That Bill C-9 be amended by deleting Clause 89.

Debate arose on the motions in Group No. 3 (Motions Nos. 5 to 9 and 13 to 17).

The question was put on Motion No. 5 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 6, 13 and 14, was deferred.

The question was put on Motion No. 7 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motions Nos. 9, 15 and 17, was deferred.

The question was put on Motion No. 8 and, pursuant to Standing Order 76(8), the recorded division, which also applies to Motion No. 16, was deferred.

Group No. 4

Mr. Guimond (Beauport -- Montmorency -- Orléans), seconded by Mr. Mercier (Terrebonne -- Blainville), moved Motion No. 18, -- That Bill C-9 be amended by adding after line 15, on page 77, the following:

``133.1 (1) For greater certainty, on the continuance of a harbour commission under section 10 as a port authority, on the continuance of a local port corporation under section 12 as a port authority or, on the coming into force of an agreement entered into under subsection 80(5) with the St- Lawrence Seaway Authority, any person who, at the time of the coming into force of those sections or subsection was employed by one of those bodies and remains employed, may, if that person was a contributor under the Public Service Superanuation Act, elect to remain subject to the terms of the Public Service Superannuation Act, the Supplementary Retirement Benefits Act and the regulations made under those Acts.

(2) The Governor in Council may make regulations for carrying out the purposes of subsection (1).''

Mr. Collenette (Minister of Transport), seconded by M. Keyes (secrétaire parlementaire du ministre des Transports), moved Motion No. 19, -- That Bill C-9 be amended by

(a) replacing the heading before line 1 on page 79 with the following:

"Comparable Employee Benefits"

(b) adding after line 8 on page 79 the following:

"138.2 A person who has entered into an agreement under subsection 80(5) and every port authority shall take all reasonable steps to negotiate with the President of the Treasury Board a pension transfer agreement in accordance with section 40.2 of the Public Service Superannuation Act in respect of employees referred to in paragraph 130(b), 132(b) or 135(1)(b), as the case may be.

138.3 For the purposes of sections 138.4 to 138.6, "employee benefits" includes coverage and benefits in respect of employer-sponsored pension plans and of life, income protection, health care and dental care insurance plans.

138.4 A person who has entered into an agreement under subsection 80(5) shall, in respect of an employee referred to in paragraph 130(b), provide employee benefits that

(a) begin on the day of the transfer under paragraph 80(6)(f) or, if there is transitional coverage provided in respect of the person under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

(b) are comparable to the employee benefits of the employee immediately before the transfer under paragraph 80(6)(f) and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before that transfer; and

(c) end on the day on which an agreement to the contrary comes into force between the person and the bargaining agent representing the employee or, in the case of an unrepresented employee, the person and the employee.

138.5 A port authority shall, in respect of an employee referred to in paragraph 132(b), provide employee benefits that

(a) begin on the day on which the port authority is continued under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

(b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the local port corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the local port corporation; and

(c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.

138.6 A port authority shall, in respect of an employee referred to in paragraph 135(1)(b), provide employee benefits that

(a) begin on the day on which the port authority is deemed to be incorporated under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

(b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the Canada Ports Corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the Canada Ports Corporation; and

(c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee."

Debate arose on the motions in Group No. 4 (Motions Nos. 18 and 19).

The question was put on Motion No. 18 and, pursuant to Standing Order 76(8), the recorded division, was deferred.

Pursuant to Standing Order 76(8), the House proceeded to the taking of the deferred recorded divisions at report stage and second reading of Bill C-9, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence, as reported by the Standing Committee on Transport with amendments.

Pursuant to Order made earlier today, the recorded divisions were further deferred until Thursday, December 4, 1997, at the expiry of the time provided for Government Orders.

PRIVATE MEMBERS' BUSINESS

At 5:46 p.m., pursuant to Standing Order 30(7), 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 Public Accounts of Bill C-205, An Act to provide for parliamentary scrutiny and approval of user fees set by federal authority and to require public disclosure of the amount collected as user fees.

Mr. Solberg (Medicine Hat), seconded by Mr. Casson (Lethbridge), moved, -- That the Bill be now read a second time and referred to the Standing Committee on Public Accounts.

Debate arose thereon.

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

MOTIONS

By unanimous consent, it was ordered, -- That, notwithstanding any Standing Order or usual procedure, during the present sitting the House may receive a message concerning a Royal Assent and attend a Royal Assent after proceedings pursuant to Standing Order 38 have commenced, provided that, if the House has not attended a Royal Assent by the conclusion of the said proceedings, it shall not adjourn, but the sitting shall be suspended and shall be resumed for the sole purpose of a Royal Assent and provided that immediately after a Royal Assent or, if the Speaker receives information that no Royal Assent is to be granted this day, for the sole purpose of adjourning to the next sitting day.

PROCEEDINGS ON ADJOURNMENT MOTION

At 6:40 p.m., pursuant to Standing Order 38(1), the question "That this House do now adjourn" was deemed to have been proposed.

At 7:03 p.m., pursuant to Order made earlier today, the motion was deemed withdrawn.

INTERRUPTION

At 7:03 p.m., pursuant to Order made earlier today, the sitting was suspended.

At 10:14 p.m., the sitting resumed.

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-24, An Act to provide for the resumption and continuation of postal services, without amendment.

ROYAL ASSENT

The Speaker informed the House that the Honourable the Deputy Governor General will proceed to the Senate today at 10:15 p.m., for the purpose of giving the Royal Assent to a Bill.

A Message was received from the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy Governor General, desiring the immediate attendance of the House in the Senate.

Accordingly, the Speaker, with the House, proceeded to the Senate.

The Commons returned to the Chamber.

Whereupon, the Speaker reported that, when the Commons had been in the Senate, the Honourable the Deputy Governor General was pleased to give, in Her Majesty's name, the Royal Assent to the following Bill:

Bill C-24, An Act to provide for the resumption and continuation of postal services -- Chapter No. 34.

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 inform that House that the Honourable Senators Bosa, Cohen, Cools, DeWare, Ferretti Barth, Jessiman and Pearson have been nominated to act on behalf of the Senate on the Special Joint Committee on Child Custody and Access.

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 Mrs. Chamberlain (Guelph -- Wellington), three concerning the Canadian flag (Nos. 361-0264 to 361-0266).

ADJOURNMENT

At 10:27 p.m., pursuant to Order made earlier today, the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).