FAAE Committee Meeting

The Standing Committee on Foreign Affairs and International Development met at 3:32 p.m. this day, in Room 306, La Promenade Building, the Chair, Dean Allison, presiding.

It was agreed, — That a proposed budget in the amount of $3,300, for the study of Bill C-6, An Act to implement the Convention on Cluster Munitions, be adopted.

It was agreed, — That a proposed budget in the amount of $6,500, for the study of the Subcommittee on International Human Rights on the Human Rights Situation in Sri Lanka, be adopted.

Sabine Nolke, LCol Chris Penny and Christopher D. Ram answered questions.

The Committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

By unanimous consent, Clause 2 was allowed to stand.

Clause 3 carried by a show of hands: YEAS: 7; NAYS: 0.

On Clause 4,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-6, in Clause 4, be amended by replacing line 2 on page 4 with the following:

“Canada's commitments under the Convention and, in accordance with paragraph 1 of Article 21 of the Convention, to adopt the positive legal obligation to encourage the widest possible application of the Convention by all states that are not parties to the Convention.”

The question was put on the amendment and it was negatived by a show of hands: YEAS: 0; NAYS: 6.

Clause 4 carried.

Clause 5 carried by a show of hands: YEAS: 6; NAYS: 0.

On Clause 6,

“(d.1) knowingly provide or invest funds to be used in the development or production of a cluster munition, explosive submunition or explosive bomblet;”

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

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-6, in Clause 6, be amended by adding after line 31 on page 4 the following:

“(i) possess, contrary to the undertaking made in accordance with paragraph 2 of Article 3 of the Convention, any stockpile of cluster munitions more than 8 years following the ratification of the Convention.”

After debate, by unanimous consent, the amendment was withdrawn.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-6, in Clause 6, be amended by adding after line 31 on page 4 the following:

“(i) in the course of military cooperation or combined military operations involving Canada and a state that is not a party to the Convention, knowingly transport or engage in an activity related to the transport of a cluster munition, explosive submunition or explosive bomblet that is owned by, in the possession of or under the control of that state.”

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

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-6, in Clause 6, be amended by adding after line 31 on page 4 the following:

“(i) provide any direct or indirect financial assistance to a state that is not a party to the Convention that could be reasonably expected to be directed toward the production, acquisition, use, maintenance or transport of a cluster munition, explosive submunition or explosive bomblet, except where such transport occurs in order to facilitate their destruction.”

After debate, the question was put on the amendment and it was negatived on the following recorded division: YEAS: Paul Dewar, Marc Garneau, Hélène Laverdière, Laurin Liu, Romeo Saganash — 5; NAYS: Mike Allen, Peter Goldring, Nina Grewal, Jim Hillyer, Deepak Obhrai, Gary Ralph Schellenberger — 6.

Clause 6 carried by a show of hands: YEAS: 6; NAYS: 1.

By unanimous consent, Clauses 7 to 9 inclusive carried severally.

After debate, Clause 10 carried by a show of hands: YEAS: 7; NAYS: 0.

On Clause 11,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Jean-François Fortin for the consideration of the Committee, was deemed moved:

That Bill C-6, in Clause 11, be amended by replacing line 6 on page 6 with the following:

“11. (1) For greater certainty, section 6 prohibits a person”

Debate arose thereon.

RULING BY THE CHAIR

Bill C-6 enacts An Act to implement the Convention on Cluster Munitions, which provides for exceptions to the prohibitions listed in clause 6 of the bill. One of these exceptions can be found in subclause 11(1), which “does not prohibit” some specified individuals from doing certain acts listed in clause 6. The amendment proposes to alter the wording from “does not prohibit” to “prohibits”.

As House of Commons Procedure and Practice, Second Edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, the amendment is contrary to the principle of the bill as it negates an exception provided in subclause 11(1) of the bill. Therefore the amendment is inadmissible.

“Public Service Employment Act, from participating in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention, if that participation does not amount to active assistance in the prohibited activities referred to in section 6.”

After debate, by unanimous consent, the amendment was withdrawn.

By unanimous consent, Clause 11 was allowed to stand.

By unanimous consent, Clauses 12 to 22 inclusive carried severally.

On new Clause 22.1,

“ANNUAL REPORT TO PARLIAMENT

22.1 Within one year after the coming into force of this section and every year after that, the Minister of Foreign Affairs must prepare a report and table a copy of the report in the House of Commons, which must include the steps Canada has taken to:

(a) encourage states not party to the Convention to ratify, accept, approve or accede to the Convention;

(b) notify the governments of all states not party to the Convention of Canada’s obligations under the Convention;

(c) promote the norms the Convention establishes; and

(d) discourage states not party to the Convention from using cluster munitions.”

After debate, by unanimous consent, the amendment was withdrawn.

By unanimous consent, Clauses 23 and 24 carried severally.

It was agreed, — That for the second hour of the meeting on Tuesday, December 10, 2013, the Committee continue the clause-by-cause consideration on Bill C-6, An Act to implement the Convention on Cluster Munitions.

At 5:10 p.m., the Committee adjourned to the call of the Chair.