C-17 Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 19

Thursday, May 1st, 2003

The Legislative Committee on Bill C-17 met at 9:04 a.m. this day, in Room 209, West Block, the Chair, Bob Kilger, presiding.

Members of the Committee present: Sarkis Assadourian, Garry Breitkreuz, Bev Desjarlais, Marlene Jennings, Bob Kilger, Mario Laframboise, Gary Lunn, James Moore, John O'Reilly, Beth Phinney, Marcel Proulx, Andy Savoy.

In attendance: From the Library of Parliament: Margaret Young, Analyst; From the Committees Directorate: Richard Rumas, Committee Clerk.

Witnesses: From the Department of Transport: John A. Read, Director General, Safety and Security Group; Sherill Besser, Senior Counsel. From the Department of the Solicitor General: Marian Harymann, Acting Director, Policing Policy Division; Christian Roy, Legal Counsel. From the Department of Health: Mario Simard, General Counsel; Sheila Chapman, Senior Advisor; Health Protection Legislative Renewal; Stephen Waxman, Counsel, Health Protection Legislative Renewal. From the Department of Environment: Michael Wilson, Director, Strategic Issues Branch. From the Department of Citizenship and Immigration: Lillian Zadravetz, Deputy Director, Border Policy, Enforcement Branch; David Dunbar, Senior Counsel, Legal Services. From the Department of Natural Resources: David McCulloch, Inspector of Explosives; Michael Watson, Director and Chief Inspector; Explosives Regulatory Division; Anne-Marie Fortin, Counsel. From the Department of Fisheries and Oceans: Keith Bell, Team Leader, Regulatory Reform. From the Department of Foreign Affairs and International Trade: Marina Laker, Deputy Director, Non-proliferation, Arms Control and Disarmament Division; Bev Chomyn, Counsel.

The Committee resumed clause-by-clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

On Clause 11,

The Committee resumed debate on the following amendment:

That Bill C-17, in Clause 11, be amended by replacing line 2 on page 22 with the following:

“tabled in each House of Parliament within 5”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Clause 11, as amended, carried.

Clause 12 to 20 carried severally.

On Clause 21,

Marcel Proulx moved, -- That Bill C-17, in Clause 21, be amended by replacing, in the English version, line 30 on page 27 with the following:

an investigation under paragraph (1)(b), the Minister may

After debate, the question being put on the amendment, it was adopted.

Clause 21, as amended, carried.

Clause 22 carried.

Clause 23 carried.

Clause 24, as amended, carried.

Clause 25 carried.

Clause 26 carried on division.

On Clause 27,

Gary Lunn moved, -- That Bill C-17, in Clause 27, be amended by replacing line 28 on page 31 with the following:

“(c) one year after the order is made.”

By unanimous consent, the amendment was stood.

Bev Desjarlais moved, -- That Bill C-17, in Clause 27, be amended by replacing lines 29 to 34 on page 31 with the following:

“(8) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

(9) Where a motion for the consideration of the Senate or the House of Commons, that is signed by not less than ten members of the Senate or twenty members of the House of Commons, as the case may be, to the effect that an interim order tabled under subsection (8) be revoked or amended, is filed with the appropriate Speaker, that House of Parliament shall take up and consider the motion within three sitting days after it is filed.

(10) A motion taken up and considered in accordance with subsection (9) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall immediately, without further debate or amendment, put every question necessary for the disposition of the motion.

(11) If a motion debated in accordance with subsection (10) is adopted by the House, a message shall immediately be sent from that House informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

(12) Where a request for concurrence in a motion is made pursuant to subsection (11), the House to which the request is made shall take up and consider the motion within three sitting days after the request is made.

(13) A motion taken up and considered in accordance with subsection (12) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall immediately, without further debate or amendment, put every question necessary for the disposition of the motion.”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 1; NAYS, 6.

By unanimous consent, Clause 27 was stood.

Clause 28 to 32 carried severally on division.

On Clause 33,

Gary Lunn moved, -- That Bill C-17, in Clause 33, be amended by replacing lines 15 and 16 on page 34 with the following:

“implementation of poli-”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 3; NAYS, 6.

Gary Lunn moved, -- That Bill C-17, in Clause 33, be amended by deleting lines 19 to 27 on page 34.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 3; NAYS, 6.

Clause 33 carried on division.

On Clause 34,

Mario Laframboise moved, -- That Bill C-17, in Clause 34, be amended by replacing line 25 on page 35 with the following:

“sections 5 and 11 of the Statutory”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Bev Desjarlais moved, -- That Bill C-17, in Clause 34, be amended by replacing lines 38 to 40 on page 35 and lines 1 to 3 on page 36 with the following:

“(6) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

(7) Where a motion for the consideration of the Senate or the House of Commons, that is signed by not less than ten members of the Senate or twenty members of the House of Commons, as the case may be, to the effect that an interim order tabled under subsection (6) be revoked or amended, is filed with the appropriate Speaker, that House of Parliament shall take up and consider the motion within three sitting days after it is filed.

(8) A motion taken up and considered in accordance with subsection (7) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall immediately, without further debate or amendment, put every question necessary for the disposition of the motion.

(9) If a motion debated in accordance with subsection (8) is adopted by the House, a message shall immediately be sent from that House informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

(10) Where a request for concurrence in a motion is made pursuant to subsection (9), the House to which the request is made shall take up and consider the motion within three sitting days after the request is made.

(11) A motion taken up and considered in accordance with subsection (10) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall immediately, without further debate or amendment, put every question necessary for the disposition of the motion.”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Mario Laframboise moved, -- That Bill C-17, in Clause 34, be amended by replacing line 39 on page 35 with the following:

“tabled in each House of Parliament within 5”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Clause 34 carried on division.

Clause 35 carried on division.

On Clause 36,

Gary Lunn moved, -- That Bill C-17, in Clause 36, be amended by replacing lines 14 and 15 on page 36 with the following:

“plosive, a restricted component, a vehicle, a”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 4; NAYS, 5.

Bev Desjarlais moved, -- That Bill C-17, in Clause 36, be amended by replacing lines 14 and 15 on page 36 with the following:

“plosive, a restricted component, a vehicle, a”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 4; NAYS, 5.

Marcel Proulx moved, -- That Bill C-17, in Clause 36, be amended by

(a) replacing lines 14 and 15 on page 36 with the following:

plosive, a restricted component, a vehicle, a

(b) replacing lines 22 and 23 on page 36 with the following:

is prohibited under paragraph 6(1)(a) or (e);

an explosive if

(d) replacing lines 33 and 34 on page 36 with the following:

explosive through any country is not

(e) deleting lines 36 and 37 on page 36 and lines 1 and 2 on page 37.

After debate, the question being put on the amendment, it was adopted.

The Chair ruled that the following amendments were consequential to the previous amendment and therefore they were also adopted.

-- That Bill C-17, in Clause 37, be amended by replacing lines 13 to 15 on page 38 with the following:

illicit manufacture and illicit trafficking of explosives;

-- That Bill C-17, in Clause 39, be amended by replacing lines 33 to 41 on page 39 with the following:

(a) engage in illicit trafficking; or

(b) acquire, possess, sell, offer for sale, transport or deliver any illicitly trafficked explosive.

-- That Bill C-17, in Clause 40, be amended by

(a) replacing lines 6 and 7 on page 40 with the following:

sives.

(b) replacing lines 11 and 12 on page 40 with the following:

transit through Canada, any explosive.

sive and who does not reside in Canada or

-- That Bill C-17, in Clause 41, be amended by replacing lines 36 to 38 on page 40 with the following:

component is being stored or sold, or any fireworks are

--That Bill C-17, in Clause 43, be amended by

(a) replacing lines 39 and 40 on page 41 with the following:

14.4 (1) An explosive or a restricted compo-

(b) replacing lines 2 to 5 on page 42 with the following:

to a seized explosive or restricted component, the explosive or restricted component may be detained until

-- That Bill C-17, in Clause 44, be amended by

(a) replacing lines 11 to 13 on page 42 with the following:

respect of a seized explosive or restricted component, the owner or the person having the

(b) replacing lines 19 to 21 on page 42 with the following:

court may order that the explosive or restricted component be returned to the applicant, subject to

(c) replacing lines 28 to 30 on page 42 with the following:

14.6 If the owner of an explosive or a restricted component that is seized and de-

-- That Bill C-17, in Clause 45, be amended by

(a) replacing lines 8 to 15 on page 43 with the following:

any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable

(b) replacing lines 25 to 27 on page 43 with the following:

subsection (1) of having an explosive or a restricted component in their possession if the

-- That Bill C-17, in Clause 49, be amended by

(a) replacing lines 39 to 44 on page 44 and lines 1 to 7 on page 45 with the following:

ing, exporting or delivering any explosive or restricted component, the court or judge, in addition to any other penalty that may be imposed, shall, in the case of an illicitly manufactured or illicitly trafficked explosive or an explosive that is not an authorized explosive, and may, in the case of an authorized explosive or a restricted component, declare that the explosive or restricted component by means of which or in relation to

(b) replacing lines 10 and 11 on page 45 with the following:

(2) If an explosive or a restricted component is

Clause 36, as amended, carried.

Clause 37, as amended, carried.

Clause 38 carried.

Clause 39, as amended, carried.

Clause 40, as amended, carried.

Clause 41, as amended, carried.

On Clause 42,

Marcel Proulx moved, -- That Bill C-17, in Clause 42, be amended by

(a) replacing lines 1 to 3 on page 41 with the following:

inspector may seize and detain any explosive or any restricted component

(b) replacing lines 10 and 11 on page 41 with the following:

Storage

(2) The seized explosive or restricted component

Storage

(3) The explosive or restricted component may be

(d) replacing lines 23 and 24 on page 41 with the following:

fere in any way with an explosive or a restricted

(e) replacing lines 30 and 31 on page 41 with the following:

or sale of explosives or restricted components or the

After debate, the question being put on the amendment, it was adopted.

Clause 42, as amended, carried.

Clause 43, as amended, carried.

Clause 44, as amended, carried.

Clause 45, as amended, carried.

Clause 46 carried.

Clause 47 carried.

Clause 48 carried.

Clause 49, as amended, carried.

Clause 50, as amended, carried.

Clause 51 carried.

Clause 52 to 65 carried severally on division.

On Clause 66,

Mario Laframboise moved, -- That Bill C-17, in Clause 66, be amended by replacing line 3 on page 52 with the following:

“sections 5 and 11 of the Statutory”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Bev Desjarlais moved, -- That Bill C-17, in Clause 66, be amended by replacing lines 16 to 21 on page 52 with the following:

“(6) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Mario Laframboise moved, -- That Bill C-17, in Clause 66, be amended by replacing line 17 on page 52 with the following:

“tabled in each House of Parliament within 5”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Clause 66 carried on division.

On Clause 67,

Mario Laframboise moved, -- That Bill C-17, in Clause 67, be amended by replacing line 32 on page 53 with the following:

“sections 5 and 11 of the Statutory”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Bev Desjarlais moved, -- That Bill C-17, in Clause 67, be amended by replacing lines 1 to 6 on page 54 with the following:

“(7) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

(8) Where a motion for the consideration of the Senate or the House of Commons, that is signed by not less than ten members of the Senate or twenty members of the House of Commons, as the case may be, to the effect that an interim order tabled under subsection (7) be revoked or amended, is filed with the appropriate Speaker, that House of Parliament shall take up and consider the motion within three sitting days after it is filed.

(9) A motion taken up and considered in accordance with subsection (8) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall immediately, without further debate or amendment, put every question necessary for the disposition of the motion.

(10) If a motion debated in accordance with subsection (9) is adopted by the House, a message shall immediately be sent from that House informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

(11) Where a request for concurrence in a motion is made pursuant to subsection (10), the House to which the request is made shall take up and consider the motion within three sitting days after the request is made.

(12) A motion taken up and considered in accordance with subsection (11) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall immediately, without further debate or amendment, put every question necessary for the disposition of the motion.”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Mario Laframboise moved, -- That Bill C-17, in Clause 67, be amended by replacing line 2 on page 54 with the following:

“tabled in each House of Parliament within 5”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Clause 67 carried on division.

On Clause 68,

Mario Laframboise moved, -- That Bill C-17, in Clause 68, be amended by replacing line 13 on page 55 with the following:

“sections 5 and 11 of the Statutory”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Bev Desjarlais moved, -- That Bill C-17, in Clause 68, be amended by replacing lines 27 to 32 on page 55 with the following:

“(7) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Mario Laframboise moved, -- That Bill C-17, in Clause 68, be amended by replacing line 28 on page 55 with the following: YEAS, 2; NAYS, 5:

“tabled in each House of Parliament within 5”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Clause 68 carried on division.

By unanimous consent, the Committee reverted to the following amendment stood on Clause 27:

-- That Bill C-17, in Clause 27, be amended by replacing line 28 on page 31 with the following:

“(c) one year after the order is made.”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 1; NAYS, 7.

Clause 27 carried on division.

On Clause 69,

Mario Laframboise moved, -- That Bill C-17, in Clause 69, be amended by replacing line 31 on page 56 with the following:

“sections 5 and 11 of the Statutory”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 1; NAYS, 6.

Bev Desjarlais moved, -- That Bill C-17, in Clause 69, be amended by replacing lines 5 to 10 on page 57 with the following:

“(6) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Mario Laframboise moved, -- That Bill C-17, in Clause 69, be amended by replacing line 6 on page 57 with the following:

“tabled in each House of Parliament within 5”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Clause 69 carried on division.

Clause 70 carried on division.

Clause 71 carried on division.

On Clause 72,

Gary Lunn moved, -- That Bill C-17, in Clause 72, be amended by replacing lines 7 to 12 on page 58 with the following:

“purposes of national security or the defence of Canada.”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 7.

Gary Lunn moved, -- That Bill C-17, in Clause 72, be amended by deleting lines 13 to 16 on page 58.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Clause 72 carried on division.

Clause 73 to 94 carried severally on division.

On Clause 95,

Mario Laframboise moved, -- That Bill C-17, in Clause 95, be amended by replacing line 31 on page 74 with the following:

“sections 5 and 11 of the Statutory”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Bev Desjarlais moved, -- That Bill C-17, in Clause 95, be amended by replacing lines 5 to 10 on page 75 with the following:

“(6) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Mario Laframboise moved, -- That Bill C-17, in Clause 95, be amended by replacing line 6 on page 75 with the following:

“tabled in each House of Parliament within 5”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Clause 95 carried on division.

On Clause 96,

Mario Laframboise moved, -- That Bill C-17, in Clause 96, be amended by replacing line 3 on page 76 with the following:

“sections 5 and 11 of the Statutory”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Bev Desjarlais moved, -- That Bill C-17, in Clause 96, be amended by replacing lines 16 to 21 on page 76 with the following:

“(6) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Mario Laframboise moved, -- That Bill C-17, in Clause 96, be amended by replacing line 17 on page 76 with the following:

“tabled in each House of Parliament within 5”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Clause 96 carried on division.

Clause 97 carried on division.

By unanimous consent, clause 98 was stood.

On Clause 99,

Mario Laframboise moved, -- That Bill C-17, in Clause 99, be amended by replacing line 22 on page 78 with the following:

“sections 5 and 11 of the Statutory”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Bev Desjarlais moved, -- That Bill C-17, in Clause 99, be amended by replacing lines 35 to 40 on page 78 with the following:

“(6) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Mario Laframboise moved, -- That Bill C-17, in Clause 99, be amended by replacing line 36 on page 78 with the following:

“tabled in each House of Parliament within 5”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Clause 99 carried on division.

By unanimous consent, the Committee reverted to clause 98.

Gary Lunn moved, -- That Bill C-17, in Clause 98, be amended by replacing lines 12 to 15 on page 77 with the following:

“making a disclosure under subparagraph (3)(c.1)(i) or (d)(ii).”

After debate, the question being put on the amendment, it was negatived on division: YEAS, 3; NAYS, 6.

Clause 98 carried on division.

Clause 100 carried on division.

Clause 101 carried on division.

On Clause 102,

Mario Laframboise moved, -- That Bill C-17, in Clause 102, be amended by replacing line 3 on page 81 with the following:

“sections 5 and 11 of the Statutory”

The question being put on the amendment, it was negatived by a show of hands: YEAS, 1; NAYS, 7.

By unanimous consent, it was agreed, -- That the result of the vote on the previous amendment be applied to the following amendments which are therefore also negatived:

-- That Bill C-17, in Clause 102, be amended by replacing line 17 on page 81 with the following:

“tabled in each House of Parliament within 5”

-- That Bill C-17, in Clause 103, be amended by replacing line 22 on page 82 with the following:

“sections 5 and 11 of the Statutory”

-- That Bill C-17, in Clause 103, be amended by replacing line 37 on page 82 with the following:

“tabled in each House of Parliament within 5”

-- That Bill C-17, in Clause 104, be amended by replacing line 14 on page 84 with the following:

“sections 5 and 11 of the Statutory”

-- That Bill C-17, in Clause 104, be amended by replacing line 28 on page 84 with the following:

“tabled in each House of Parliament within 5”

-- That Bill C-17, in Clause 105, be amended by replacing line 5 on page 86 with the following:

“sections 5 and 11 of the Statutory”

-- That Bill C-17, in Clause 105, be amended by replacing line 19 on page 86 with the following:

“tabled in each House of Parliament within 5”

Bev Desjarlais moved, -- That Bill C-17, in Clause 102, be amended by replacing lines 16 to 21 on page 81 with the following:

“(7) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

The question being put on the amendment, it was negatived by a show of hands: YEAS, 1; NAYS, 6.

By unanimous consent, it was agreed, -- That the result of the vote on the previous amendment be applied to the following amendments which are therefore also negatived:

-- That Bill C-17, in Clause 103, be amended by replacing lines 36 to 41 on page 82 with the following:

“(6) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

-- That Bill C-17, in Clause 104, be amended by replacing lines 27 to 32 on page 84 with the following:

“(6) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

-- That Bill C-17, in Clause 105, be amended by replacing lines 18 to 23 on page 86 with the following:

“(6) A copy of each interim order made under this section shall be tabled in each House of Parliament within two sitting days after it is made.

Clause 102 carried on division.

Clause 103 carried on division.

Clause 104 carried on division.

Clause 105 carried on division.

On Clause 106,

Mario Laframboise moved, -- That Bill C-17, in Clause 106, be amended by replacing line 27 on page 90 with the following:

“the purposes of the application of sections 487 and 488.1”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 5.

Clause 106 carried on division.

Clause 107 to 111 carried severally on division.

New Clause 111.1,

Marcel Proulx moved, -- That Bill C-17 be amended by adding after line 23 on page 103 the following:

111.1 (1) If section 89 of the Pest Control Products Act (the "other Act"), chapter 28 of the Statutes of Canada, 2002, comes into force before section 99 of this Act, then

(a) on the coming into force of section 89 of the other Act, section 99 of this Act is repealed; and

(b) on the coming into force of section 66 of this Act, the other Act is amended by adding the following after section 67:

67.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

(a) 14 days after it is made, unless it is approved by the Governor in Council,

(b) the day on which it is repealed,

(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and

(d) one year after the interim order is made or any shorter period that may be specified in the interim order.

(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

(4) An interim order

(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

(b) shall be published in the Canada Gazette within 23 days after it is made.

(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of the Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

(2) If section 89 of the other Act comes into force after section 99 of this Act, then, on the coming into force of section 89 of the other Act, the other Act is amended by adding the following after section 67:

67.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

(a) 14 days after it is made, unless it is approved by the Governor in Council,

(b) the day on which it is repealed,

(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and

(d) one year after the interim order is made or any shorter period that may be specified in the interim order.

(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

(4) An interim order

(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

(b) shall be published in the Canada Gazette within 23 days after it is made.

(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of the Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

(3) If section 89 of the other Act comes into force on the same day as section 99 of this Act, then section 89 of the other Act is deemed to have come into force after section 99 of this Act and subsection (2) applies.

After debate, the question being put on the amendment, it was adopted by a show of hands: YEAS, 6; NAYS, 2.

On Clause 112,

Mario Laframboise moved, -- That Bill C-17, in Clause 112, be amended by adding after line 29 on page 103 the following:

“(1.1) Sections 35, 36 and 38 to 51 come into force thirty days after the publication, in the Canada Gazette, of the regulations proposed under section 37.”

After debate, the question being put on the amendment, it was negatived by a show of hands: YEAS, 2; NAYS, 6.

Clause 112 carried on division.

The Schedule carried on division.

Clause 1 carried on division.

The title carried on division.

The Bill, as amended, carried on division.

ORDERED, -- That the Chair report Bill C-17, as amended, to the House as the First Report of the Committee.

ORDERED, -- That Bill C-17, An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety, as amended, be reprinted for the use of the House of Commons at Report Stage.

At 11:03 a.m., the Committee adjourned to the call of the Chair.

Jean-Michel Roy

Clerk of the Committee