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Friday, December 7, 2012 (No. 194)

Report Stage of Bills

Bill C-37

An Act to amend the Criminal Code

Notices of Motions

Motion No. 1 — December 5, 2012 — — That Bill C-37, in Clause 3, be amended by adding after line 22 on page 1 the following:

“(1.1) With respect to a victim surcharge levied under subsection (1), a judge may, on application of the offender, suspend the immediate collection of the surcharge if the offender demonstrates

(a) that he or she is unable to immediately pay the surcharge owing to poverty;

(b) that the immediate payment of the surcharge would interfere with his or her rehabilitation; or

(c) that he or she is unable to immediately pay the surcharge and the fine option program referred to in section 736, or a similar program, is not available.

(1.2) In determining whether to suspend the collection of a victim surcharge under subsection (1.1), a judge may take into consideration whether the offender is a member of a First Nation.”


Bill C-42
An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts

Notices of Motions

Motion No. 1 — November 26, 2012 — — That Bill C-42 be amended by deleting Clause 1.

Pursuant to Standing Order 76.1(2), notice also received from:

— December 5, 2012

— December 6, 2012

Motion No. 2 — November 21, 2012 — — That Bill C-42 be amended by deleting Clause 22.

Pursuant to Standing Order 76.1(2), notice also received from:

— December 5, 2012

— December 6, 2012


Bill C-43
An Act to amend the Immigration and Refugee Protection Act

Notices of Motions

Motion No. 1 — November 29, 2012 — — That Bill C-43 be amended by deleting Clause 1.

Pursuant to Standing Order 76.1(2), notice also received from:

— December 6, 2012

Motion No. 2 — November 29, 2012 — — That Bill C-43 be amended by deleting Clause 5.

Motion No. 3 — December 3, 2012 — — That Bill C-43 be amended by deleting Clause 6.

Pursuant to Standing Order 76.1(2), notice also received from:

— December 6, 2012

Motion No. 4 — December 5, 2012 — — That Bill C-43, in Clause 6, be amended by replacing, in the English version, line 20 on page 2 with the following:

“may not seek to enter or remain in Canada as a”

Motion No. 5 — December 3, 2012 — — That Bill C-43 be amended by deleting Clause 7.

Pursuant to Standing Order 76.1(2), notice also received from:

— December 6, 2012

Motion No. 6 — November 29, 2012 — — That Bill C-43 be amended by deleting Clause 8.

Pursuant to Standing Order 76.1(2), notice also received from:

and — December 3, 2012

— December 6, 2012

Motion No. 7 — November 29, 2012 — — That Bill C-43 be amended by deleting Clause 9.

Pursuant to Standing Order 76.1(2), notice also received from:

— December 3, 2012

Motion No. 8 — December 5, 2012 — — That Bill C-43, in Clause 9, be amended by replacing lines 12 to 15 on page 3 with the following:

“— other than under section 34, 35 or 37 with respect to an adult foreign national — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than an adult foreign national”

Motion No. 9 — November 29, 2012 — — That Bill C-43 be amended by deleting Clause 10.

Pursuant to Standing Order 76.1(2), notice also received from:

— December 3, 2012

Motion No. 10 — December 3, 2012 — — That Bill C-43 be amended by deleting Clause 11.

Pursuant to Standing Order 76.1(2), notice also received from:

— December 6, 2012

Motion No. 11 — December 5, 2012 — — That Bill C-43, in Clause 13, be amended by replacing line 21 on page 4 with the following:

“interests, based on a balance of probabilities;”

Motion No. 12 — December 5, 2012 — — That Bill C-43, in Clause 13, be amended by replacing line 26 on page 4 with the following:

“or process as they are understood in Canada, based on a balance of probabilities;”

Motion No. 13 — December 5, 2012 — — That Bill C-43, in Clause 13, be amended by replacing line 32 on page 4 with the following:

“referred to in paragraph (a), (b), (b.1) or (c), based on a balance of probabilities.”

Motion No. 14 — November 29, 2012 — — That Bill C-43 be amended by deleting Clause 16.

Motion No. 15 — December 5, 2012 — — That Bill C-43 be amended by deleting Clause 18.

Motion No. 16 — December 5, 2012 — — That Bill C-43, in Clause 18, be amended by replacing lines 40 and 41 on page 5 with the following:

“by a foreign national, declare that the facts established under section 34, paragraphs 35(1)(b)”

Motion No. 17 — December 6, 2012 — — That Bill C-43, in Clause 18, be amended by replacing lines 12 to 14 on page 6 with the following:

“declaration, the Minister may take into account considerations including national security, public safety, humanitarian and compassionate grounds, and the best interests of a child directly affected, and, in his or her analysis, is”

Motion No. 18 — December 5, 2012 — — That Bill C-43, in Clause 19, be amended by replacing lines 24 to 26 on page 6 with the following:

“is not detained, an officer may impose on the person any of the conditions referred to in subsection (3), as well as any prescribed conditions.

(5) The conditions imposed under”

Motion No. 19 — December 5, 2012 — — That Bill C-43 be amended by deleting Clause 22.

Motion No. 20 — December 5, 2012 — — That Bill C-43 be amended by deleting Clause 23.

Motion No. 21 — November 29, 2012 — — That Bill C-43 be amended by deleting Clause 24.

Pursuant to Standing Order 76.1(2), notice also received from:

and — December 3, 2012

— December 6, 2012

Motion No. 22 — December 5, 2012 — — That Bill C-43, in Clause 24, be amended by replacing line 19 on page 8 with the following:

“in paragraph 36(1)(b) or (c), other than a crime that was punished in Canada by a conditional sentence under section 742.1 of the Criminal Code.

(2.1) This section ceases to have effect at the end of the 15th sitting day of Parliament after December 31, 2014 unless, before the end of that day, the application of this section is extended by a resolution, passed by both Houses of Parliament, that this section continues to be in force.”

Motion No. 23 — December 5, 2012 — — That Bill C-43 be amended by deleting Clause 25.

Motion No. 24 — December 5, 2012 — — That Bill C-43 be amended by deleting Clause 26.

Motion No. 25 — December 3, 2012 — — That Bill C-43 be amended by deleting Clause 32.

Motion No. 26 — December 3, 2012 — — That Bill C-43 be amended by deleting Clause 33.

Motion No. 27 — December 5, 2012 — — That Bill C-43, in Clause 38, be amended by adding after line 32 on page 16 the following:

“(3) Sections 5, 8, 9, 10, 16, 17, 18, 22, 23, 25 and 26 cease to have effect at the end of the 15th sitting day of Parliament after December 31, 2015 unless and to the extent to which, before the end of that day, the application of any of those sections is extended by a resolution, passed by both Houses of Parliament, that any of those sections continue to be in force.”


Bill C-377
An Act to amend the Income Tax Act (requirements for labour organizations)

Notices of Motions

Motion No. 1 — December 4, 2012 — — That Bill C-377, in Clause 1, be amended by replacing line 20 on page 1 with the following:

“labour organization is a signatory and also includes activities associated with advice, commentary or advocacy provided by an employer organization in respect of labour relations activities, collective bargaining, employment standards, occupational health and safety, the regulation of trades, apprenticeship, the organization of work or any other workplace matter.”

Motion No. 2 — December 4, 2012 — — That Bill C-377, in Clause 1, be amended

(a) by replacing line 8 on page 1 with the following:

““labour organization” includes

(a) a labour society

(b) by replacing line 14 on page 1 with the following:

“committee or joint board of such organizations; and

(b) an employer organization, whether or not it has responsibilities related to collective bargaining, such as a federation of employers, a contractors’ organization, a group that provides benefits to the employees of a member employer, a research agency involved in any type of research related to labour relations activities and, without limiting the generality of the foregoing, a corporate vehicle such as a society, corporation, foundation, joint council or board.”

Motion No. 3 — November 29, 2012 — — That Bill C-377, in Clause 1, be amended by :

(a) replacing lines 1 to 7 on page 2 with the following:

“(2) Every labour organization and every labour trust shall, by way of electronic filing (as defined in subsection 150.1(1)) and within six months from the end of each fiscal period, file with the Minister an information return for the year, in prescribed form and containing prescribed information.

(3) The information return referred to”

(b) replacing lines 26 to 31 on page 2 with the following:

“assets — with all transactions and all disbursements, the cumulative value of which in respect of a particular payer or payee for the period is greater than $5,000, shown as separate entries along with the name of the payer and payee and setting out for each of those transactions and disbursements its purpose and description and the specific amount that has been paid or received, or that is to be paid or received, and including”

“(ii) a statement of loans exceeding $250 receivable from officers, employees, members or businesses,”

(d) replacing line 4 on page 3 with the following:

“to officers, directors and trustees, to employees with compensation over $100,000 and to persons in positions of authority who would reasonably be expected to have, in the ordinary course, access to material information about the business, operations, assets or revenue of the labour organization or labour trust, including”

(e) replacing lines 11 to 14 on page 3 with the following:

“consideration provided,

(vii.1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (vii) to each of political activities, lobbying activities and other non-labour relations activities,

(viii) a statement with the aggregate amount of disbursements to”

(f) replacing lines 22 to 25 on page 3 with the following:

“provided,

“(viii.1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (viii) to each of political activities, lobbying activities and other non-labour relations activities,

(ix) a statement with the aggregate amount of disbursements on”

(g) replacing lines 33 to 40 on page 3 with the following:

“(xiii) a statement with the aggregate amount of disbursements on administration,

(xiv) a statement with the aggregate amount of disbursements on general overhead,

(xv) a statement with the aggregate amount of disbursements on organizing activities,

(xvi) statement with the aggregate amount of disbursements on collective bargaining activities,”

(h) replacing lines 1 and 2 on page 4 with the following:

“(xix) a statement with the aggregate amount of disbursements on legal activities, excluding information protected by solicitor-client privilege,

(xix.1) a statement of disbursements (other than disbursements included in a statement referred to in any of subparagraphs (iv), (vii), (viii) and (ix) to (xix)) on all activities other than those that are primarily carried on for members of the labour organization or labour trust, excluding information protected by solicitor-client privilege, and”

(i) replacing lines 4 to 13 on page 4 with the following:

“(c) a statement for the fiscal period listing the sales of investments and fixed assets to, and the purchases of investments and fixed assets from, non-arm’s length parties, including for each property a description of the property and its cost, book value and sale price;

(d) a statement for the fiscal period listing all other transactions with non-arm’s length parties; and

(e) in the case of a labour organization or”

(j) replacing line 29 on page 4 with the following:

“contained in the information return”

(k) replacing lines 33 to 35 on page 4 with the following:

“Internet site in a searchable format.

(5) For greater certainty, a disbursement referred to in any of subparagraphs (3)(b)(viii) to (xx) includes a disbursement made through a third party or contractor.

(6) Subsection (2) does not apply to

(a) a labour-sponsored venture capital corporation; and

(b) a labour trust the activities and operations of which are limited exclusively to the administration, management or investments of a deferred profit sharing plan, an employee life and health trust, a group sickness or accident insurance plan, a group term life insurance policy, a private health services plan, a registered pension plan or a supplementary unemployment benefit plan.

(7) Subsection (3) does not require the reporting of

(a) information, regarding disbursements and transactions of, or the value of investments held by, a labour trust (other than a trust described in paragraph (6)(b)), that is limited exclusively to the direct expenditures or transactions by the labour trust in respect of a plan, trust or policy described in paragraph (6)(b);

(b) the address of a person in respect of whom paragraph (3)(b) applies; or

(c) the name of a payer or payee in respect of a statement referred to in any of subparagraphs (3)(b)(i), (v), (ix), (xiii) to (xvi) and (xix).”

Pursuant to Standing Order 76.1(2), notice also received from:

— November 30, 2012

Motion No. 4 — November 29, 2012 — — That Bill C-377, in Clause 2, be amended by replacing line 5 on page 5 with the following:

“comply with that section, to a maximum of $25,000.”

Pursuant to Standing Order 76.1(2), notice also received from:

— November 30, 2012

Motion No. 5 — November 29, 2012 — — That Bill C-377, in Clause 3, be amended by replacing lines 6 to 8 on page 5 with the following:

“3. This Act applies in respect of fiscal periods that begin after the day that is six months after the day on which this Act is assented to.”

Pursuant to Standing Order 76.1(2), notice also received from:

— November 30, 2012