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Notice Paper

No. 196

Friday, June 16, 2017

10:00 a.m.


Introduction of Government Bills

Introduction of Private Members' Bills

June 15, 2017 — Mr. Rankin (Victoria) — Bill entitled “An Act to amend the Income Tax Act (economic substance)”.

Notices of Motions (Routine Proceedings)

June 15, 2017 — Ms. Chagger (Leader of the Government in the House of Commons) — That, pursuant to Standing Order 111.1, the House approve the appointment of Charles Robert as the Clerk of the House of Commons.

Questions

Q-10922 — June 15, 2017 — Ms. Laverdière (Laurier—Sainte-Marie) — With regard to cooperation between the Canadian military and the United States (US) military and intelligence agencies in Afghanistan and Iraq and to findings of the Canadian military Board of Inquiry report of May 4, 2010, on the subject of the “14 June 2006 Afghan Detainee Incident”: (a) when did Canada decide to no longer transfer persons in the care, custody, or control of members of the Canadian military to members of the US military; (b) were there any omissions or exclusions from the scope of this decision at the receiving end, such as US intelligence agencies like the Central Intelligence Agency (CIA) or did the decision apply to transfers to any agent or actor acting on behalf of the US government; (c) at the transferring end, did this decision apply to all members of the Canadian military, including special forces and intelligence officials, and if not, to whom did it not apply; (d) for what reasons was this decision taken; (e) was this decision taken after legal advice had been received on whether it would be lawful to continue to transfer to the US and if so, was the government advised that it would be unlawful to continue the transfers; (f) what was the date of the last transfer before the decision came into effect; (g) did this decision apply to persons who would or could be characterized as Persons Under Control (PUC) by the US Army, units within the US Army, or the CIA, considering that this is a term that the Canadian military Board of Inquiry report of May 4, 2010, referred to as an “American Army Term”; (h) were there any instances of this decision not being implemented, and thus of persons being transferred to the US military or another US agency in situations in which members of the Canadian military themselves characterized a person as a PUC, considering that the same Canadian military Board of Inquiry report of May 4, 2010, observed that the term PUC was in “widespread use” within the Canadian military in Afghanistan; (i) is the government aware of any instances in which persons who were determined not to be “detainees” were transferred on the battlefield or elsewhere to Afghan National Security Forces (ANSF) personnel, including the Afghan National Police, the Afghan National Army, the National Directorate of Security, and any paramilitary or like organizations working for or alongside the foregoing, to then learn that the person was re-transferred by ANSF personnel to members of the US military, CIA, or private US actors cooperating with the US Army or CIA; (j) is the government aware of any instances in which persons treated by Canada as “detainees” were transferred to ANSF personnel and then re-transferred by ANSF personnel to members of the US military, CIA, etc., especially before the 2007 Transfer Arrangement between Canada and Afghanistan took effect; (k) was this decision conveyed to the US government and if so, what reasons were provided and how did the US government respond; and (l) was this decision ever reversed or revised and if so, on what terms, when, and for what reasons?
Q-10932 — June 15, 2017 — Ms. Laverdière (Laurier—Sainte-Marie) — With respect to the characterization of persons in the care, custody or control of the Canadian military as Persons Under Control (PUCs) or use of like categories, whether or not such terms were or are used officially or unofficially: (a) in relation to a statement by Donald P. Wright et al. in A Different Kind of War: The United States Army in Operation – ENDURING FREEDOM (OEF) October 2001-September 2005 (Combat Studies Institute, 2010), at p. 221: “Detainees in Coalition hands in Afghanistan were referred to as persons under control (PUCs) instead of EPWs or detainees,”, does this reference to “Coalition” apply to the Canadian military, including special forces in any part of the 2001-2005 period in question; (b) in relation to a claim by Ahmed Rashid in Descent into Chaos: The United States and the Failure of Nation-Building in Pakistan, Afghanistan and Central Asia (Penguin, 2009), at pp. 304-305: “In spring 2002, …CIA lawyers further twisted legal boundaries by establishing a new category of prisoner: Persons Under Control, or PUC. Anyone held as PUC was automatically denied access to the ICRC, and even his existence was denied...PUCs were flown around the world to different locations on private jets belonging to dummy companies owned by the CIA.”, is the government aware of whether this is an accurate statement of one use to which the category of “PUC” was put by the United States; (c) in relation to an observation in Center for Law and Military Operations (United States Army, Judge Advocate General’s Legal Center and School), Lessons Learned from Afghanistan and Iraq: Volume I - Major Combat Operations (11 September 2001 – 1 May 2003) (August 1, 2004) [Lessons Learned]: “[P]ersons detained were either classified as ‘persons under control’ (PUCs) or simply as ‘detainees.’… Persons captured on the battlefield were initially brought to the classified location to establish their identity and determine if they met the criteria for potential transfer to Guantanamo. During this phase, detained personnel were classified as ‘PUCs’.”, is the government aware of whether, during such windows of time, CIA agents or persons working for the CIA would sometimes take custody of PUCs from the US Army before they could be officially designated as “detainees” by the Army; (d) in relation to a claim in Chris Mackey and Greg Miller, The Interrogators: Task Force 500 and America’s Secret War Against Al-Qaeda (Back Bay Books, 2004), at pp. 250-251: “In June [2002]…our [US Army] command in Bagram …came up with a whole new prisoner category called “persons under U.S. control”, or PUCs. The whole idea was to create a sort of limbo status, a bureaucratic blank spot where prisoners could reside temporarily without entering any official database or numbering system.”: is the government aware of whether or not this US Army PUC category was created in concert with and used by the CIA as a way to secure custody of PUCs while they were still in a “bureaucratic blank spot”; (e) in relation to the observations in Lessons Learned that “the term ‘PUC’ did not develop until the [US] XVIIIth Airborne Corps arrived in Afghanistan” in 2002, did Canadian Forces, including special forces, ever conduct joint operations with the US’ XVIIIth Airbone Corps in which captives were taken; (f) is the government aware of whether the commanding officer of the US’ XVIIIth Airborne Corps, Lt. Gen. Dan McNeill, was a direct source of, or conduit for, the notion of “PUC” and if so, whether Lt. Gen. Dan McNeill was working in concert or tandem with the CIA in introducing this term into the Afghanistan theatre; (g) after General Walter Natynczyk was seconded to command 35,000 US forces in Iraq during the US’ Operation Iraqi Freedom in Iraq from January 2004 to January 2005, did he bring any knowledge of the use of PUC practices or a PUC system from Iraq to the Canada-Afghanistan context when he became head of the Canadian Forces’ Land Force Doctrine and Training system in 2005 and when he was appointed Vice-Chief of Defence Staff in 2006, and if so, was such practices introduced in any way to this doctrine and training system; (h) prior to August 2015 by which time the first Canadian Forces troops had arrived in Kandahar, were there meetings between Canadian Lt. Gen. Michel Gauthier and US Under-Secretary of Defence for Intelligence Steve Cambone or any other officials in the US Department of Defense or in the Pentagon in which they discussed, inter alia, Canada aligning or otherwise coordinating its policy and practices in Kandahar with those of the US, including in relation to detainees, as a condition of the US agreeing that Canada be assigned Kandahar; (i) prior to August 2015 by which time the first Canadian Forces troops had arrived in Kandahar, were there meetings between Chief of Defence Staff General Rick Hillier and any officials in the US Department of Defense or in the Pentagon in which they discussed, inter alia, Canada aligning or otherwise coordinating its policy and practices in Kandahar with those of the US, including in relation to detainees, as a condition of the US agreeing that Canada be assigned Kandahar; (j) prior to August 2015 by which time the first Canadian Forces troops had arrived in Kandahar, were there meetings between any Canadian Forces officers apart from Generals Gauthier and Hillier in which they discussed, inter alia, Canada aligning or otherwise coordinating its policy and practices in Kandahar with those of the US, including in relation to detainees, as a condition of the US agreeing that Canada be assigned Kandahar; and (k) is the mini-biography of Mr. Gauthier on The Governance Network’s website correct in saying Gauthier “[l]ed Canadian Expeditionary Force Command, responsible for all CF operational missions abroad, the Canadian mission in southern Afghanistan” and if so, did this include authority over policy and decisions related to the transfer of captives to other states?
Q-10942 — June 15, 2017 — Ms. Laverdière (Laurier—Sainte-Marie) — With respect to the characterization of persons in the care, custody or control of the Canadian military as “PUCs” and “Persons Under Control”, or use of like categories, whether or not such terms were or are used officially or unofficially: (a) does the government accept the accuracy of the finding of a Canadian military Board of Inquiry (BOI) on the subject of the “14 June 2006 Afghan Detainee Incident” [BOI June 2006 Incident Report], in its report of May 4, 2010, (para 30, part II) that the term “PUC” was in “widespread use” amongst Canadian soldiers in Afghanistan in 2006; (b) in relation to a BOI June 2006 Incident Report observation (para 30, part II), stating that “[T]he B Coy MP [B Company Military Police officer] testified that he was directed during ROTO 1 [rotation/deployment 1] to always use the term “PUC” and to avoid the term “Detainee.””, who directed this Military Police (MP) to systematically use “PUC” and to avoid “detainee” and for what reasons was this MP so directed; (c) in relation to a BOI June 2006 Incident Report finding (para 30, part II), stating that “When made aware of the term the TFA Advisors (LEGAD and PM) endeavoured to remove it [“PUC”] from the tactical reporting lexicon, as it had no legal foundation in detainee policy.”, (i) when and how were the Task Force Afghanistan (TFA) Advisors “made aware of the term”, (ii) for what period did “PUC” appear in tactical reporting, (iii) did its use in tactical reporting end, and if it ended, when did it end and was this the result of the initiative of the TFA Advisors; (d) in relation to the same report finding as in (c), was any person in position of strategic command in the Canadian Forces, including Generals Rick Hillier, Walter Natynzyk, Michel Gauthier and David Fraser, at any time aware of the use of the term “PUC” and if so, what actions did one or more of them take in relation to its use; (e) does the government accept the BOI June 2006 Incident Report finding that persons characterized by Canadian soldiers and commanders during one or more periods in 2006 as “PUCs” were transferred to Afghan authorities without also being characterized as “detainees” with the result that there was no triggering of the record-keeping and reporting (including reporting to the International Committee of the Red Cross (ICRC)) connected to official detainee policy and to the 2005 Transfer Arrangement with Afghanistan, and if so, what is the number of such PUCs transferred without record or reporting to the ICRC; (f) in relation to the observation in the BOI June 2006 Incident Report (para 33, Part II), that, in relation to the Canadian Broadcasting Corporation published Canadian military reports from the field that 26 persons were “captured” on May 17, 2006, by Task Force ORION, those 26 were transferred to the Afghan National Police without ever being processed as detainees, were those persons treated as PUCs by TF ORION; (g) in relation to question (m) of Order Paper Question Q-1117 (41st Parliament, first session; filed by Craig Scott, MP) that asked the government to set out how 11 captured persons referenced at page 96 of a book by the commanding officer of Task Force ORION, Ian Hope – Dancing with the Dushman: Command Imperatives for the Counter-Insurgency Fight in Afghanistan (Canadian Defence Agency Press, 2008) – were processed, were these 11 persons processed as “detainees” with attendant record-keeping and reporting or were they instead treated as “PUCs” and transferred to Afghan authorities on that basis, with no attendant record-keeping or reporting to the ICRC; (h) in view of the statement in a report by the Directorate of Special Examinations and Inquiries (DESI), in “Directorate of Special Examinations and Inquiries Investigation—Passage of Information, Final Report (14 June 2006 Afghanistan Detainee Incident)”, document number 7045-72-09/26, that it was “of very significant concern …that a number of TF ORION War Diary records for the period 13 May – 17 June 2006 could not be located”, have some or all of those war diary records since been located; (i) if some or all of the war diaries referenced in (h) have been located, do they shed light on the use of “PUCs” or like designations as a way to avoid labelling a captive as a “detainee”; (j) in relation to point (o) in Q-1117 (41st Parliament, first session) – “were there persons under the control of Canadian forces who were transferred to Afghanistan, but who were not treated by Canada as covered by the provisions of the 2005 and 2007 Canada-Afghanistan Memorandums of Understanding on detainee transfer and if so, on what basis were transfers of such persons not deemed covered by the agreements?” – that the government did not then answer in the affirmative, would the government now like to change its answer; (k) in relation to point (p) in Q-1117 (41st Parliament, first session) – “were there persons under the control of Canadian forces who were transferred to Afghanistan but whose existence and transfer was not made known to the International Committee of the Red Cross and if so, on what basis was the Red Cross not informed?” – that the government did not then answer in the affirmative, would the government now like to change its answer; (l) in relation to point (n) of Q-1117 (41st Parliament, first session) – “at any period and if so, which periods, [were] there …one or more categories of persons who Canada passed on to either Afghan or American authorities but who were not categorized as detainees, and did such categories have a designation, whether formal or informal?” – why did the government not reveal the existence of “PUCs” as an informal category; (m) in relation to, inter alia, the government answers to points (n), (o), and (p) of Q-1117 (41st Parliament, first session), does the present government consider that the former government deliberately sought to mislead or even deceive the then Member of Parliament who submitted Q-1117 (41st Parliament, first session); (n) inclusive of points (n), (o), and (p) of Q-1117 (41st Parliament, first session), are there any answers to this question that the present government considers were incorrect or untruthful; (o) in relation to a September 19, 2016, letter from Mr. Craig Scott, former MP for Toronto–Danforth, to the current Prime Minister in which Mr. Scott presented reasons as to why he “believe[d] it to be likely that the Department of National Defence crafted its answer to Order Paper Question Q-1117 (41st Parliament, first session) in order to avoid revealing” the existence of persons who were transferred to Afghanistan without being recorded or reported to the ICRC as “detainees”, has that letter resulted in any inquiries by or on behalf of the Prime Minister and if so, of what sort and with what result; (p) when on December 8, 2009, then Member of Parliament the Hon. Ujjal Dosanjh asked a question to former Chief of Defence Staff Walter Natynczyk in the latter’s appearance before the Standing Committee on National Defence in which Mr. Dosanjh quoted from a Globe and Mail article in which a Military Police officer’s field notes used the term “PUC”, did the government conduct any other investigation into why “PUC” had been used apart from the ordering of Board of Inquiry and Chief of Review Services investigations into aspects of the underlying incident and if so, what was the result; and (q) in relation to findings in BOI June 2006 Incident Report (para 12, Part II), stating that “Although BGen [David] Fraser did not become familiar with TSO [Theatre Standing Order] 321A until arriving in Kandahar…, its underlying principle of transferring detainees to ANSF was made clear to him before departing Canada. Direction provided to him verbally by the Chief of the Defence Staff (CDS) [General Rick Hillier] emphasized that Afghan detainees were to be transferred to Afghan National Security Forces (ANSF) as far forward in the field and as rapidly as possible; indeed, that their transfer from CF to ANSF custody was to be measured in terms of “minutes to hours.”, does the government consider that this constituted an instruction by General Hillier to circumvent the formal “detainee” system with a “PUC” practice?
Q-10952 — June 15, 2017 — Ms. Laverdière (Laurier—Sainte-Marie) — With regard to all operational contexts in which members of the Canadian military have been involved since September 11, 2001, up to the present and with respect to all military orders, directives, instructions, etc., whether binding or non-binding, interim, provisional, or final, related to persons in the care, custody, or control of members of the Canadian military and to all persons with whom members of the Canadian military come into contact but who are judged as being in the care, custody, or control of armed forces, security, and intelligence forces, and police forces of another state: (a) what were the numbers, titles and dates of all Canadian Forces Theatre Standing Orders and the identity of the issuing official; (b) what were the numbers, titles, and dates of all Fragmentary Orders and the identity of the issuing official; (c) what were the numbers, titles, and dates of all International Security Assistance Force orders of a similar nature issued in relation to the conflict in Afghanistan and the name of the issuing official or entity which issued them ; and (d) what were the numbers, titles, and dates of any orders of a similar nature issued by American, Iraqi, or other forces, including Kurdish authorities in northern Iraq, that apply in any way, directly or indirectly, to Canadian soldiers who come into contact with detainees while serving in Iraq and the name of the issuing official or entity which issued them?
Q-10962 — June 15, 2017 — Mr. Warkentin (Grande Prairie—Mackenzie) — With regard to the proposed Canada Infrastructure Bank: (a) will the Infrastructure Bank be subject to the Access to Information Act; (b) will the Infrastructure Bank be required to disclose information in accordance with the Access to Information Act; and (c) will the Infrastructure Bank be subject to the same proactive disclosure requirements as government departments?
Q-10972 — June 15, 2017 — Mr. Warkentin (Grande Prairie—Mackenzie) — With regard to consultation with our allies, in particular the United States, in relation to the Hytera Communications takeover of Norsat International Incorporated: (a) what are the titles and departments of the individuals consulted within the American government regarding the transaction; (b) when were they consulted; (c) what concerns were raised; and (d) how did the Canadian government address the concerns?
Q-10981-2 — June 15, 2017 — Mr. Rankin (Victoria) — In relation to Canada’s transfer of captives in Afghanistan to the authorities of other states, including the United States and Afghanistan, from 2001 onward: (a) have there been any investigations by any federal agency, including but not limited to the Royal Canadian Mounted Police or the Canadian Armed Forces National Investigation Service, of senior officers in the Canadian Forces up to and including the Chief of Defence Staff for possible criminal conduct in violation of one or more Canadian statutes and/or one or more international legal obligations; (b) if the answer in (a) is affirmative, (i) between what dates, (ii) with respect to what conduct, (iii) with what result; (c) have there been any investigations by any federal agency, including but not limited to the Royal Canadian Mounted Police or the Canadian Armed Forces National Investigation Service, of any Minister of the Crown including the Prime Minister for possible criminal conduct in violation of one or more Canadian statutes and/or one or more international legal obligations; (d) if the answer in (c) is affirmative, (i) between what dates, (ii) with respect to what conduct, (iii) with what result; (e) have there been any investigations by any federal agency, including but not limited to the Royal Canadian Mounted Police or the Canadian Armed Forces National Investigation Service, of any member of the public service for possible criminal conduct in violation of one or more Canadian statutes and/or one or more international legal obligations; (f) if the answer in (e) is affirmative, (i) between what dates, (ii) with respect to what conduct, (iii) with what result; and (g) have there been any investigations by any federal agency, including but not limited to the Royal Canadian Mounted Police or the Canadian Armed Forces National Investigation Service, of any member of the a minister’s political staff including any member of the Prime Minister’s Office for possible criminal conduct in violation of one or more Canadian statutes and/or one or more international legal obligations; (h) if the answer in (g) is affirmative, (i) between what dates, (ii) with respect to what conduct, (iii) with what result?
Q-10992 — June 15, 2017 — Ms. Mathyssen (London—Fanshawe) — With regard to the Department of Veterans Affairs and Military Sexual Trauma incidents: (a) what is the specific policy used by the Department to determine whether injuries sustained from a Military Sexual Trauma incident or incidents are service related; (b) what is the documentation from medical experts or other professionals, as well as any other types of evidence, accepted or required to be provided to the Department to determine (i) if injuries sustained from a Military Sexual Trauma incident or incidents are service related, (ii) if the Military Sexual trauma incident or incidents occurred?

Notices of Motions for the Production of Papers

Business of Supply

Government Business

No. 18 — June 15, 2017 — The Leader of the Government in the House of Commons — That the Standing Orders of the House of Commons be amended as follows:
1. That the following section be added after Standing Order 32.(6):
“(7) Not later than twenty sitting days after the beginning of the second or subsequent session of a Parliament, a Minister of the Crown shall lay upon the Table a document outlining the reasons for the latest prorogation. This document shall be deemed referred to the Standing Committee on Procedure and House Affairs immediately after it is presented in the House.”
2. That the following new Standing Order be added after Standing Order 69.
“69.1(1) In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting, on the motion for second reading and reference to a committee and the motion for third reading and passage of the bill. The Speaker shall have the power to combine clauses of the bill thematically and to put the aforementioned questions on each of these groups of clauses separately, provided that there will be a single debate at each stage.
“69.1(2) The present Standing Order shall not apply if the bill has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation or in the documents tabled during the budget presentation. ”
3. That Standing Order 81 be amended as follows:
(a) by replacing each occurrence of the words “interim supply” in sections (3) and (17), and in paragraph (14)(a), with the following: “interim estimates”;
(b) by replacing the initial text in section (4) with the following: “(4) The main estimates to cover a given fiscal year for every department of government shall be deemed referred to standing committees on or before April 16 of that fiscal year. Each such committee shall consider and shall report, or shall be deemed to have reported, the same back to the House not later than June 10 of that fiscal year, provided that:”
(c) by replacing in paragraphs (4)(a) and (b),
I. the words “May 1” with the words “May 8”;
II. each occurrence of the words “May 31” with the words “June 10”;
(d) by replacing paragraph (4)(c) with the following: “(c) on the third sitting day preceding the final allotted day, at not later than the ordinary hour of daily adjournment, the said committee shall report, or shall be deemed to have reported, the main estimates for the said department or agency; and”;
(e) in section (5)
I. by adding after the word “immediately” the word “after”;
II. by replacing the word “censé” in the French version with the word “réputé”;
(f) by adding a new section (6) to read as follows: “(6) Interim estimates shall be deemed referred to a standing committee or committees immediately after they are presented in the House. Each such committee shall consider and shall report, or shall be deemed to have reported, the same back to the House not later than three sitting days before the final sitting or the last allotted day in the period ending not later than March 26.”; and
(g) by deleting the words “or interim supply” in section (21).
4. That the following sections be added after Standing Order 104.(4):
“(5) In addition to the members named pursuant to section (1) of this Standing Order, the Chief Government Whip may, at any time, file with the clerk of any standing, special or legislative committee a notification indicating that one or more Parliamentary Secretaries shall serve as non-voting members of the committee. The Parliamentary Secretaries shall have all of the rights and privileges of a committee member, but may not vote or move any motion, nor be part of any quorum.
(6)(a) A Minister of the Crown cannot be appointed to or cannot act as a substitute on any standing, legislative or special committee.
(b) A Parliamentary Secretary cannot be appointed to any standing, legislative or special committee, except as provided for in section (5) of this Standing Order.”
5. That the following subsections be added after Standing Order 114.(2)(d):
“(e) In relation to Parliamentary Secretaries named pursuant to Standing Order 104(5), the Chief Government Whip may effect a substitution of one Parliamentary Secretary for another by filing notice thereof with the clerk of the committee and such a substitution shall be effective immediately when it is received by the clerk of the committee.
(f) A Parliamentary Secretary named as a non-voting member of a committee pursuant to Standing Order 104(5) shall not be eligible to act as a substitute for a member of that committee.”
6. That Standing Order 114.(3) be replaced with the following:
“(3) Changes in the membership of any legislative committee shall be effective immediately after notification thereof, signed by the Chief Whip of any recognized party, has been filed with the clerk of the committee. Substitutions may be made in the same manner prescribed in section (2) of this Standing Order.”
7. That Standing Order 116 be replaced with the following:
“(1) In a standing, special or legislative committee, the Standing Orders shall apply so far as may be applicable, except the Standing Orders as to the election of a Speaker, seconding of motions, limiting the number of times of speaking and the length of speeches.
(2)(a) Unless a time limit has been adopted by the committee or by the House, the Chair of a standing, special or legislative committee may not bring a debate to an end while there are members present who still wish to participate. A decision of the Chair in this regard may not be subject to an appeal to the committee.
(b) A violation of paragraph (a) of this section may be brought to the attention of the Speaker by any Member and the Speaker shall have the power to rule on the matter. If, in the opinion of the Speaker, such violation has occurred, the Speaker may order that all subsequent proceedings in relation to the said violation be nullified.”
That Standing Order 81 as amended take effect on September 18, 2017, and remain in effect for the duration of the current Parliament;
That the other Standing Orders as amended take effect on September 18, 2017;
That the Clerk of the House be authorized to make any required editorial and consequential alterations to the Standing Orders, including to the marginal notes; and
That the Clerk of the House be instructed to print a revised edition of the Standing Orders of the House.

Private Members' Notices of Motions

Private Members' Business

C-211 — May 30, 2017 — Mr. Doherty (Cariboo—Prince George)  — Consideration at report stage of Bill C-211, An Act respecting a federal framework on post-traumatic stress disorder, as reported by the Standing Committee on Health with an amendment.
Committee Report — presented on Tuesday, May 30, 2017, Sessional Paper No. 8510-421-222.
Report and third reading stages — limited to 2 sitting days, pursuant to Standing Order 98(2).
Motion for third reading — may be made in the same sitting, pursuant to Standing Order 98(2).

1 Requires Oral Answer
2 Response requested within 45 days