NDDN Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
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Minutes of Proceedings
The Committee resumed its clause-by-clause study of the Bill.
The witnesses answered questions.
On new Clause 42.1,
James Bezan moved, — That Bill C-77 be amended by adding after line 28 on page 49 the following new clause:“42.1 (1) The portion of paragraph 249.27(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) an offence described in section 87, 89, 91, 95, 96, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123 or 126 for which the offender is sentenced to
(2) Subsection 249.27(1) of the Act is amended by adding the following after paragraph (a):
(a.1) an offence described in section 85, 86, 90, 97 or 129;
(3) Subsection 249.27(2) of the Act is replaced by the following:
(2) An offence referred to in paragraph (1)(a), (a.1) or (b) does not constitute an offence for the purposes of the Criminal Records Act.”
Debate arose thereon.
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, James Bezan appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Darren Fisher, Mark Gerretsen, Yves Robillard, Sven Spengemann, Borys Wrzesnewskyj — 5;
NAYS: James Bezan, Cheryl Gallant, Randall Garrison — 3.
The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they were also inadmissible:
That Bill C-77 be amended by adding after line 12 on page 51 the following new clause:
“45.1 The portion of section 307 of the Act before paragraph (a) is replaced by the following:
307 Every person who uses or authorizes the use of an application form, for or relating to any of the following matters, that contains a question that by its terms requires the applicant to disclose a conviction for an offence referred to in paragraph 249.27(1)(a), (a.1) or (b) is guilty of an offence and liable on summary conviction to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both:”
That Bill C-77, in Clause 63, be amended
(a) by replacing lines 21 to 23 on page 74 with the following:
“(a) an offence described in section 87, 89, 91, 95, 96, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123 or 126 for which”
(b) by replacing lines 37 to 39 on page 74 with the following:
“(a) an offence described in section 87, 89, 91, 95, 96, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123 or 126 for which”
By unanimous consent, clauses 43 to 60 inclusive carried on division severally.
On Clause 61,
Darren Fisher moved, — That Bill C-77, in Clause 61, be amended by replacing, in the French version, line 1 on page 57 with the following:“incarcéré dans un pénitencier ou une prison civile, au sens”
After debate, the question was put on the amendment of Darren Fisher and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.
Clause 61, as amended, carried on division.
Clause 62 carried on division.
On Clause 63,
Sven Spengemann moved, — That Bill C-77, in Clause 63, be amended by replacing, in the English version, line 14 on page 70 with the following:“(1.2) The court martial or the Court Martial Ap-”
After debate, the question was put on the amendment of Sven Spengemann and it was agreed to on division.
Clause 63, as amended, carried on division.
Clause 64 carried on division.
On Clause 65,
Darren Fisher moved, — That Bill C-77, in Clause 65, be amended by replacing, in the French version, line 16 on page 81 with the following:“(15) Si l’article 59 de la première loi entre”
After debate, the question was put on the amendment of Darren Fisher and it was agreed to on division.
Clause 65, as amended, carried on division.
By unanimous consent, Clauses 66 to 68 inclusive carried on division.
The Title carried.
The Bill, as amended, carried.
ORDERED, — That the Chair report the Bill, as amended, to the House.
ORDERED, — That Bill C-77, as amended, be reprinted for the use of the House at report stage.
At 11:21 a.m., the Committee adjourned to the call of the Chair.