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MINUTES OF PROCEEDINGS

Meeting No. 35

Tuesday, May 30, 2000

The Standing Committee on Natural Resources and Government Operations met at 11:11 a.m. this day, in Room 705, La Promenade Building, the Chair, Joseph Volpe, presiding.

Members of the Committee present: Réginald Bélair, Serge Cardin, David Chatters, John Duncan, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St. Denis, Tony Valeri and Joseph Volpe.

Acting Members present: Gerald Keddy for Gilles Bernier; Peter Mancini for Yvon Godin; Sue Barnes for Carolyn Parrish, Murray Calder for Julian Reed.

In attendance: From the Parliamentary Research Branch of the Library of Parliament: Grant Purves, Research Officer.

Witnesses: From the Department of Natural Resources: Robert Lomas, Senior Commodity Specialist, Minerals & Metals Sector; Norman Bayne, Senior Counsel, Legal Services.

Pursuant to its Order of Reference of Monday, May 8, 2000, the Committee resumed consideration of Bill C-11, An Act to authorize the divestiture of the assets of, and to dissolve, the Cape Breton Development Corporation, to amend the Cape Breton Development Corporation Act and to make consequential amendments to other Acts (See Minutes of Proceedings, Tuesday, May 16, 2000 , Meeting No. 32).

By unanimous consent, Peter Mancini moved -- That, the Committee hold hearings on Bill C-11 in the communities of Cape Breton, and more particularly, in communities where DEVCO has operated mines within the last three (3) years.

After debate, the question being put on the amendment, it was, by a show of hands, negatived : YEAS : 5; NAYS : 6.

In accordance with Standing Order 75(1), consideration of Clause 1 was postponed.

On Clause 2,

John Duncan moved, -- That Bill C-11, in Clause 2, be amended by adding after line 17 on page 1 the following:

"(3) The Auditor General shall review any successful and alternate bids submitted to or accepted by the Governor in Council with respect to the sale of assets set out in subsection (1) and shall report to Parliament within one year of the successful disposition of The Cape Breton Development Corporation, while maintaining the necessary confidentiality of business interests."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, David Chatters, John Duncan, Gerald Keddy, Peter Mancini.--5

NAYS : Sue Barnes, Réginald Bélair, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Clause 2, carried, on the following division:

YEAS : Reginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

NAYS : Serge Cardin, David Chatters, John Duncan, Gerald Keddy, Peter Mancini.--5

On Clause 3,

Peter Mancini moved, -- That Bill C-11, in Clause 3, be amended by replacing line 19 on page 1 with the following:

"proceeding, including a proceeding before a tribunal, an arbitrator or arbitration board, in respect of an obligation or"

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, David Chatters, John Duncan, Gerald Keddy, Peter Mancini.--5

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Peter Mancini moved, -- That Bill C-11, in Clause 3, be amended by replacing line 2 on page 2 with the following:

"ing, including a proceeding before a tribunal, an arbitrator or arbitration board, to which the Corporation is party that is"
After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, David Chatters, John Duncan, Gerald Keddy, Peter Mancini.--5

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Clause 3 carried on division.

Clause 4 carried on division.

Clause 5 carried on division.

Clause 6 carried on division.

Clause 7 carried on division.

On Clause 8,

Peter Mancini moved, -- That Bill C-11, in Clause 8, be amended by adding after line 22 on page 3 the following:

"(1.1) Section 4 of the Act is amended by adding the following:
(4) At least one director shall be a member of the Devco Pensioners' Association, or a former employee of the Corporation who was during the course of his or her employment a member of a trade union."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, David Chatters, John Duncan, Gerald Keddy, Peter Mancini.--5

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Peter Mancini moved, -- That Bill C-11, in Clause 8, be amended by adding after line 22 on page 3 the following:

"(1.1) Section 4 of the Act is amended by adding the following:
(4) At least three directors shall be residents of the Island of Cape Breton, Nova Scotia."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, David Chatters, John Duncan, Gerald Keddy, Peter Mancini.--5

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Peter Mancini moved, -- That Bill C-11, in Clause 8, be amended by adding after line 41 on page 3 the following:

"(4) At least one director shall be a member of the Devco Pensioners' Association, or a former employee of the Corporation who was during the course of his or her employment a member of a trade union."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, David Chatters, John Duncan, Gerald Keddy, Peter Mancini.--5

NAYS : Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--5

Whereupon, the Chairman voted in the negative.

Accordingly, the amendment was negatived.

Peter Mancini moved, -- That Bill C-11, in Clause 8, be amended by adding after line 41 on page 3 the following:

"(4) At least three directors shall be residents of the Island of Cape Breton, Nova Scotia."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, John Duncan, Gerald Keddy, Peter Mancini.--4

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Clause 8 carried on division.

Clause 9 carried on division.

Clause 10 carried on division.

On Clause 11,

Gerald Keddy moved, -- That Bill C-11, in Clause 11, be amended by adding after line 27 on page 4 the following:

"(3) The by-law of the Corporation shall provide that if a person contracts pneumoconiosis as a result of the person's employment by the Corporation, the person and his or her dependants shall be entitled, for the remainder of the person's life, to the health insurance benefits that were provided as part of the terms and conditions of the person's employment."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, John Duncan, Gerald Keddy, Peter Mancini.--4

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Clause 11 carried, on division.

On Clause 12,

John Duncan moved, -- That Bill C-11, in Clause 12, be amended by adding after line 10 in page 5 the following:

"17. The Corporation shall, alone or in conjunction with the Government of Canada or of Nova Scotia or any agency of either of those governments, take all reasonable measures to reduce the unemployment or economic hardship that may result from the closure or reduction of coal mining or related operations."

After debate, the question being put on the amendment, it was negatived on the following division:

YEAS : Serge Cardin, John Duncan, Gerald Keddy, Peter Mancini.--4

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Peter Mancini moved, -- That Bill C-11, in Clause 12, be amended by adding after line 10 on page 5 the following:

"17. The Corporation shall ensure that all reasonable measures have been adopted by it, either alone or in conjunction with the Government of Canada or of Nova Scotia or any agency of either of those governments, to reduce, as far as possible, any unemployment or economic hardship that can be expected to result from the closing or reduction of the production of coal from any coal mine operated by the Corporation."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, John Duncan, Gerald Keddy, Peter Mancini.--4

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

John Duncan moved, -- That Bill C-11, in Clause 12, be amended by adding after line 10 on page 5 the following:

"17. The Corporation shall, alone or in conjunction with the Government of Canada or of Nova Scotia or any agency of either of those governments, take all reasonable measures to reduce the unemployment or economic hardship that may result from the closure or reduction of coal mining or related operations."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, John Duncan, Gerald Keddy, Peter Mancini.--4

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Clause 12 carried, on division.

On Clause 13,

Gerald Keddy moved, -- That Bill C-11, in Clause 13, be amended

(a) by replacing line 13 on page 5 with the following:

"18. (1) The Corporation shall by by-law pro-"

(b) by adding after line 23 on page 5 the following:

"(2) The by-law referred to in subsection (1) shall, as a minimum standard, provide that a pension shall be paid to a person referred to in that subsection who has been employed for 20 years or more by the Corporation and who becomes unemployed as a result of the reduction or closure of any of the Corporation's coal mining operations or any of its related works or undertakings."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : Serge Cardin, John Duncan, Gerald Keddy, Peter Mancini.--4

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Peter Mancini moved, -- That Bill C-11, in Clause 13, be amended

(a) by replacing line 13 on page 5 with the following:

"18. (1) The Corporation shall by by-law pro-"

(b) by adding after line 23 on page 5 the following:

"(2) The by-law shall provide that a person selected by the Devco Pensioners' Association shall be a member of the board or committee that is charged with managing the pension fund."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : John Duncan, Gerald Keddy, Peter Mancini.--3

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Clause 13 carried, on division.

On Clause 14,

Peter Mancini moved, -- That Bill C-11, in Clause 14, be amended by replacing lines 39 and 40 on page 5 with the following:

"and meetings of the Board shall be held there."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS : John Duncan, Gerald Keddy, Peter Mancini.--3

NAYS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

Clause 14 carried, on division.

Clause 15 carried, on division.

Clause 16 carried, on division.

Clause 17 carried, on division.

Clause 18 carried, on division.

Clause 19 carried, on division.

Clause 20 carried, on division.

Clause 21 carried, on division.

Clause 22 carried, on division.

Clause 23 carried, on division.

Clause 1 carried, on division.

The Title carried, on division.

The Bill carried, on the following division:

YEAS : Réginald Bélair, Carmen Provenzano, Julian Reed, Guy St-Julien, Brent St.Denis, Tony Valeri.--6

NAYS : John Duncan, Peter Mancini.--2

ORDERED, -- That the Chair report Bill C-11 with no amendment to the House as the Third Report of the Committee.

At 1:56 p.m., the Committee adjourned to the call of the Chair.

Marie Carrière Wayne Cole
Clerk of the Committee Legislative Clerk