HOUSE OF COMMONS OF CANADA
35th PARLIAMENT, 2nd SESSION
JOURNALS
No. 136
Monday, March 3, 1997
11:00 a.m.
PRAYERS
VACANCY
The Speaker informed the House that a vacancy had occurred in the House of
Commons for the Electoral District of Notre-Dame-de-Grâce, in the Province
of Québec, by reason of the resignation of Mr. Allmand, and that, pursuant
to subsection 25(1)(b) of the Parliament of Canada Act, he had
addressed, on February 24, 1997, his warrant to the Chief Electoral Officer
for the issue of a writ for the election of a member to fill the vacancy.
PRIVATE MEMBERS' BUSINESS
At 11:00 a.m., pursuant to Standing Order 30(6), the House
proceeded to the consideration of Private Members' Business.
Item No. 1 on the order of precedence was called, and, not having
been proceeded with, was dropped to the bottom of the order of precedence
on the Order Paper, pursuant to Standing Order 42(2).
Mr. Hanger (Calgary Northeast), seconded by Mr. McClelland
(Edmonton Southwest), moved, -- That, in the opinion of this House,
the government should enter into discussions with provincial
governments to limit the social assistance available to failed
refugee claimants who are remaining in Canada to make appeals to
the courts and transfer the onus of providing further assistance
to these individuals to immigrant and refugee aid societies and
other organizations. (Private Members' Business M-126)
Debate arose thereon.
Pursuant to Standing Order 96(1), the Order was dropped from
the Order Paper.
GOVERNMENT ORDERS
The Order was read for the consideration at report stage and
second reading of Bill C-66, An Act to amend the Canada Labour
Code (Part I) and the Corporations and Labour Unions Returns Act
and to make consequential amendments to other Acts, as reported
by the Standing Committee on Human Resources Development with
amendments.
By unanimous consent, Motions Nos. 4, 8 and 10 were
withdrawn.
Pursuant to Standing Order 76.(5), the Speaker selected and
grouped for debate the following motions:
Group No. 1 -- Motion No. 1.
Group No. 2 -- Motions Nos. 2 and 3
Group No. 3 -- Motions Nos. 5 to 7, 9, 45, 49, 50 and 54.
Group No. 4 -- Motions Nos. 11, 12, 41 and 51.
Group No. 5 -- Motions Nos. 13, 14 and 36.
Group No. 6 -- Motions Nos. 15 to 23, 33 to 35, 39 and 44.
Group No. 7 -- Motions Nos. 24, 25, 28 to 30 and 32.
Group No. 8 -- Motions Nos. 26, 31 and 42.
Group No. 9 -- Motions Nos. 27, 37, 38, 40 and 43.
Group No. 10 -- Motions Nos. 46 to 48, 52 and 53.
Group No. 1
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs.
Lalonde (Mercier), moved Motion No. 1, -- That Bill C-66 be amended
by adding before line 4 on page 1 the following new Clause:
``0.1 The definition of ``federal work, undertaking or
business'' in section 2 of the Canada Labour Code is amended by
adding the following after paragraph (j):
but not including any flour mill or other undertaking for the
milling of grain;''
Debate arose on the motion in Group No. 1.
The question was put on Motion No. 1 and it was negatived.
Group No. 2
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 2, -- That Bill C-66 be amended by
adding after line 15 on page 1 the following new Clause:
``1.1 The Act is amended by adding the following after
section 4:
4.1 (1) This Part applies in respect of the Professional
Institute of the Public Service, its members and the employers of
those members.
(2) The Minister shall, not later than six months after the
coming into force of this section, by regulation, amend or repeal
those provisions in any Act of Parliament whose amendment or
repeal are necessary to the effective application of Part I to
the Professional Institute of the Public Service, its members and
the employers of those members.''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 3, -- That Bill C-66 be amended by
adding after line 15 on page 1 the following new Clause:
``1.1 The Act is amended by adding the following after
section 4:
4.1 (1) This Part applies in respect of the Public Service
Alliance, its members and the employers of those members.
(2) The Minister shall, not later than six months after the
coming into force of this section, by regulation, amend or repeal
those provisions in any Act of Parliament whose amendment or
repeal are necessary to the effective application of Part I to
the Public Service Alliance, its members and the employers of
those members.''
Debate arose on the motions in Group No. 2.
The question was put on Motion No. 2 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 3 and, pursuant to Standing Order
76(8), the recorded division was deferred.
Group No. 3
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 5, -- That Bill C-66, in Clause 2, be
amended by replacing lines 14 and 15 on page 5 with the
following:
``any fees, that may be fixed by the Governor in Council pursuant
to the recommendation made by the committee of the House of
Commons referred to in subsection (1.1).
(1.1) Such committee of the House of Commons as is
designated or established to consider matters respecting the
development of human resources shall, for the purposes of
subsection (1), recommend the fees to be fixed by the Governor in
Council under that subsection. ''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 6, -- That Bill C-66, in Clause 2, be
amended by adding after line 24 on page 5 the following:
``(3) Where a part-time member is paid travel and living
expenses by virtue of subsection (2), and those expenses are
incurred in the course of carrying out duties and
responsibilities under this Act in respect of a dispute heard or
determined by the Board, the parties to the dispute shall
reimburse Her Majesty in right of Canada in equal parts for the
money paid to the part-time member for those expenses and that
money, until paid, constitutes a debt recoverable by action in
any court of competent jurisdiction as a debt due to Her Majesty
in right of Canada.''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 7, -- That Bill C-66, in Clause 2, be
amended by
(a) replacing line 6 on page 8 with the following:
``13. (1) The head office of the Board must be in''
(b) replacing line 9 on page 8 with the following:
``the Board may establish, with the approval of the committee of
the House of Commons referred to in subsection (2), any other
offices''
(c) adding after line 12 on page 8 the following:
``(2) Such committee of the House of Commons as is designated
or established to consider matters respecting the development of
human resources shall, for the purposes of subsection (1), either
approve or reject the establishment of any other offices of the
Board under that subsection.''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 9, -- That Bill C-66, in Clause 16, be
amended by replacing lines 23 to 25 on page 15 with the
following:
``the Board may revoke the appointment''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 45, -- That Bill C-66 be amended by
deleting Clause 46.
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 49, -- That Bill C-66, in Clause 50, be
amended by replacing line 36 on page 36 with the following:
``controlled by their employer, who have consented to the release
of that information, and authorize the''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 50, -- That Bill C-66, in Clause 68, be
amended by replacing lines 2 to 7 on page 41 with the following:
``shall present the report to the Standing Committee of the House
of Commons on Human Resource Development at the first meeting of
the committee following the completion of the report.''
Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin
(Minister of Indian Affairs and Northern Development), moved
Motion No. 54, -- That Bill C-66, in Clause 93, be amended by adding
after line 45 on page 46 the following:
"(3) Any amount appropriated for the fiscal year that
includes the commencement day, by an appropriation Act based on
the Estimates for that year for defraying the charges and
expenses of the public service of Canada for the former Board and
that, on the commencement day, is unexpended is deemed, on that
day, to be an amount appropriated for defraying the charges and
expenses of the new Board."
Recommendation
(Pursuant to Standing Order 76.(3))
His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances, in the
manner and for the purposes set out in a measure entitled "An Act to amend
the Canada Labour Code (Part I) and the Corporations and Labour Unions
Returns Act and to make consequential amendments to other Acts''. That
Bill C-66, in Clause 93, be amended by adding after line 45 on page 46 the
following:
"(3) Any amount appropriated for the fiscal year that
includes the commencement day, by an appropriation Act based on
the Estimates for that year for defraying the charges and
expenses of the public service of Canada for the former Board and
that, on the commencement day, is unexpended is deemed, on that
day, to be an amount appropriated for defraying the charges and
expenses of the new Board."
Debate arose on the motions in Group No. 3.
The question was put on Motion No. 5 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 6 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 7 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 9 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 45 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 49 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 50 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 54 and, pursuant to Standing Order
76(8), the recorded division was deferred.
Group No. 4
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 11, -- That Bill C-66 be amended by
deleting Clause 24.
Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin
(Minister of Indian Affairs and Northern Development), moved
Motion No. 12, -- That Bill C-66, in Clause 24, be amended by
replacing lines 6 to 15 on page 19 with the following:
(a) provided pre-board security screening services to another
employer, or to a person acting on behalf of that other employer,
in an industry referred to in paragraph (e) of the definition
"federal work, undertaking or business" in section 2; or
(b) provided any other service that may be designated by
regulation of the Governor in Council, on the recommendation of
the Minister, to another employer or a person acting on behalf of
that other employer in any industry that may be designated by
regulation of the Governor in Council on the recommendation of
the Minister."
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 41, -- That Bill C-66, in Clause 45, be
amended by
(a) replacing line 34 on page 34 with the following:
``tion 24(4) or 34(6), section 37, 50 or 69,''
(b) replacing line 41 on page 34 with the following:
``subsection 24(4), paragraph''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 51, -- That Bill C-66 be amended by
deleting Clause 72.
Debate arose on the motions in Group No. 4.
STATEMENTS BY MEMBERS
Pursuant to Standing Order 31, Members made statements.
ORAL QUESTIONS
Pursuant to Standing Order 30(5), the House proceeded to
Oral Questions.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
Pursuant to Standing Order 32(2), Mr. Zed (Parliamentary Secretary to
the Leader of the Government in
the House of Commons) laid upon the Table, -- Orders in
Council approving certain appointments made by the
Governor General in Council, pursuant to Standing Order 110(1), as follows:
(1) P.C. 1997-214 to P.C. 1997-218. -- Sessional
Paper No. 8540-352-14I.
(Pursuant to Standing Order 32(6), referred to the Standing Committee
on Citizenship and Immigration);
(2) P.C. 1997-211. -- Sessional Paper No. 8540-352-16I.
(Pursuant to Standing Order 32(6), referred to the Standing Committee
on Human Resources Development);
(3) P.C. 1997-209 and P.C. 1997-210. -- Sessional
Paper No. 8540-352-10I.
(Pursuant to Standing Order 32(6), referred to the Standing Committee
on Fisheries and Oceans);
(4) P.C. 1997-208. -- Sessional
Paper No. 8540-352-1E.
(Pursuant to Standing Order 32(6), referred to the Standing Committee
on Aboriginal Affairs and Northern Development);
(5) P.C. 1997-205 to P.C. 1997-207. -- Sessional Paper No. 8540-352-5K.
(Pursuant to Standing Order 32(6), referred to the Standing Committee
on Procedure and House Affairs).
Pursuant to Standing Order 32(2), Mr. Zed (Parliamentary Secretary
to the Leader of the Government in the House of Commons) laid upon the
Table, -- Government responses, pursuant to Standing Order 36(8), to the
following petitions:
(1) Nos. 352-0889, 352-0890, 352-1065, 352-1132 and 352-1462 concerning
national parks. -- Sessional
Paper No. 8545-352-96A;
(2) Nos. 352-1122 and 352-1473 concerning sentences in the Criminal
Code. -- Sessional Paper No. 8545-352-22F;
(3) No. 352-1174 concerning Bell Canada. -- Sessional
Paper No. 8545-352-6C;
(4) No. 352-1204 concerning the pharmaceutical industry. -- Sessional
Paper No. 8545-352-94C;
(5) Nos. 352-1409 to 352-1412 concerning the issuing of visas. -- Sessional
Paper No. 8545-352-100A.
WAYS AND MEANS
Mr. Peters (Secretary of State (International Financial
Institutions)) laid upon the Table, -- Notice of a Ways and Means
motion to amend the Income Tax Act, the Income Tax Application
Rules and another Act related to the Income Tax Act. (Ways and
Means Proceedings No. 19) -- Sessional Paper No. 8570-352-23.
Pursuant to Standing Order 83(2), at the request of Mr.
Peters (Secretary of State (International Financial
Institutions)), an Order of the Day was designated for the
consideration of this Ways and Means motion.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
Pursuant to Standing Order 79(3), the Speaker read a Message
from His Excellency the Governor General, presented by Mr. Massé
(President of the Treasury Board).
Message on Estimates
His Excellency the Governor General transmits to the House of
Commons Supplementary Estimates (B) of sums required for the
service of Canada for the fiscal year ending on March 31, 1997,
and, in accordance with section 54 of the Constitution Act, 1867,
recommends these Estimates to the House of Commons.
Mr. Massé (President of the Treasury Board) laid upon the Table, -- Document
entitled "Supplementary Estimates (B), 1996-97". -- Sessional Paper No.
8520-352-165.
Presenting Reports from Committees
Mr. Caccia (Davenport), from the Standing Committee on
Environment and Sustainable Development, presented the 4th Report
of the Committee (Bill C-65, An Act respecting the protection of
wildlife species in Canada from extirpation or extinction, with
amendments). -- Sessional Paper No. 8510-352-80.
A copy of the relevant Minutes of Proceedings (Issue No. 5,
which includes this Report) was tabled.
Mr. Zed (Parliamentary Secretary to the Leader of the
Government in the House of Commons), from the Standing Committee
on Procedure and House Affairs, presented the 57th Report of the
Committee, which was as follows:
The Committee recommends, pursuant to Standing Orders 104 and 114, the
following change in the membership of the Standing Committee on Human
Rights and the Status of Persons with Disabilities:
Georgette Sheridan for Warren Allmand
The Committee also recommends, pursuant to Standing Orders 104 and 114,
that the following Members be added to the list of Associate Members of
Standing Committees:
Agriculture and Agri-Food
Marlene Cowling
Foreign Affairs and International Trade
George Proud
The Committee further recommends, pursuant to Standing Order 104(3), the
following changes in the membership of Standing Joint Committees:
Official Languages
Mark Assad for Warren Allmand
Scrutiny of Regulations
Mark Assad for Mac Harb
A copy of the relevant Minutes of Proceedings (Issue No. 3,
which includes this Report) was tabled.
Introduction of Private Members' Bills
Pursuant to Standing Orders 68(2) and 69(1), on motion of
Mrs. Ablonczy (Calgary North), seconded by Mr. Strahl (Fraser
Valley East), Bill C-377, An Act to amend the Referendum Act, was
introduced, read the first time, ordered to be printed and
ordered for a second reading at the next sitting of the House.
Motions
Pursuant to Standing Orders 81(5) and (6), Mr. Massé
(President of the Treasury Board), seconded by Mr. Peters
(Secretary of State (International Financial Institutions)),
moved, -- That Supplementary Estimates (B) for the fiscal year
ending March 31, 1997, laid upon the Table earlier today, be
referred to the several Standing Committees of the House as
follows:
(1) to the Standing Committee on Aboriginal Affairs and Northern
Development
-- Indian Affairs and Northern Development, Votes 1b, 5b, 6b, 7b,
15b, 35b and 36b
(2) to the Standing Committee on Agriculture and Agri-Food
-- Agriculture and Agri-Food, Votes 1b, 3b and 10b
(3) to the Standing Committee on Canadian Heritage
-- Canadian Heritage, Votes 1b, 5b, 10b, L21b, 25b, 40b, 55b, 65b,
75b, 105b and 135b
(4) to the Standing Committee on Citizenship and Immigration
-- Citizenship and Immigration, Votes 1b, 2b, 10b and 15b
(5) to the Standing Committee on Environment and Sustainable
Development
-- Environment, Votes 1b and 10b
-- Privy Council, Vote 30b
(6) to the Standing Committee on Finance
-- Finance, Votes 1b and 40b
-- National Revenue, Votes 1b, 5b and 10b
(7) to the Standing Committee on Fisheries and Oceans
-- Fisheries and Oceans, Votes 1b, 2b and 3b
(8) to the Standing Committee on Foreign Affairs and
International Trade
-- Foreign Affairs, Votes 10b, 11b, 15b, 20b and 21b
(9) to the Standing Committee on Government Operations
-- Canadian Heritage, Vote 130b
-- Governor General, Vote 1b
-- Parliament, Vote 1b
-- Privy Council, Votes 1b, 5b, 6b and 10b
-- Public Works and Government Services, Votes 5b, 14b, 15b and
20b
-- Treasury Board, Votes 1b and 10b
(10) to the Standing Committee on Health
-- Health, Votes 10b, 25b and 30b
(11) to the Standing Committee on Human Resources Development
-- Human Resources Development, Votes 1b, 6b, 15b, 25b and 40b
(12) to the Standing Committee on Human Rights and the Status of
Persons with Disabilities
-- Justice, Vote 21b
(13) to the Standing Committee on Industry
-- Industry, Votes 1b, 2b, 21b, 25b, 26b, 40b, 50b, 70b, 90b,
100b, 105b, 110b and 120b
(14) to the Standing Committee on Justice and Legal Affairs
-- Justice, Votes 1b, 5b, 15b and 20b
-- Solicitor General, Votes 1b, 30b and 35b
(15) to the Standing Committee on National Defence and Veterans
Affairs
-- National Defence, Votes 1b, 5b and 10b
-- Veterans Affairs, Vote 10b
(16) to the Standing Committee on Natural Resources
-- Natural Resources, Votes 1b, 10b, 20b and 25b
(17) to the Standing Committee on Transport
-- Transport, Votes 10b, 20b, 34b, 38b and 39b
The question was put on the motion and it was agreed to on division.
By unanimous consent, Mr. Zed (Parliamentary Secretary to
the Leader of the Government in the House of Commons), seconded
by Mr. Kilger (Stormont -- Dundas), moved, -- That the 57th Report
of the Standing Committee on Procedure and House Affairs,
presented earlier today, be concurred in.
The question was put on the motion and it was agreed to.
Presenting Petitions
Pursuant to Standing Order 36, petitions certified correct by the Clerk of
Petitions were presented as follows:
-- by Mr. Lastewka (St. Catharines), one concerning tobacco (No. 352-1811);
-- by Mrs. Terrana (Vancouver East), one concerning the tax on gasoline
(No. 352-1812), one concerning the highway system (No. 352-1813) and one
concerning taxes on books (No. 352-1814);
-- by Mr. Strahl (Fraser Valley East), one concerning abortion (No.
352-1815), one concerning Canadian Forces bases (No. 352-1816), one
concerning nuclear weapons (No. 352-1817) and two concerning sex offenders
(Nos. 352-1818 and 352-1819);
-- by Mr. Mills (Red Deer), one concerning the highway system (No.
352-1820);
-- by Mr. Scott (Fredericton -- York -- Sunbury), one concerning impaired
driving (No. 352-1821), one concerning nuclear weapons (No. 352-1822) and
one concerning illicit drug use (No. 352-1823);
-- by Mr. Harper (Simcoe Centre), one concerning the highway system (No.
352-1824) and one concerning the sexual exploitation of minors (No.
352-1825);
-- by Mr. Gallaway (Sarnia -- Lambton), one concerning banks (No. 352-1826);
-- by Mr. Adams (Peterborough), one concerning aboriginal affairs (No.
352-1827);
-- by Mr. Paré (Louis-Hébert), one concerning the tax on gasoline (No.
352-1828);
-- by Mr. Hill (Prince George -- Peace River), one concerning the tax on
gasoline (No. 352-1829).
Questions on Order Paper
Mr. Zed (Parliamentary Secretary to the Leader of the Government
in the House of Commons) presented the answers to questions Q-4
and Q-92 on the Order Paper.
Pursuant to Standing Order 39(7), the following question was made
an Order of the House for Return:
Q-80 -- Mr. Bergeron (Verchères) -- With regard to the total budget for
the Department of Natural Resources, and for each year since the
1987 fiscal year: (a) how much (in actual figures) and what
proportion (in percentages) of its research and development
budgets have been invested in Quebec, (b) how much and what
percentage have been invested in Ontario (including the Ontario
side of the national capital region and excluding the Quebec side
of the national capital region), (c) what economic spin-off
effects have there been from the Candu reactors in Quebec, (d)
what economic spin-off effects have there been in Ontario, and
(e) what financial commitment has the department made to the
neutrino detection project in Ontario, the Triumph project in
British Columbia and to Chalk River, Ontario?
Mr. Zed (Parliamentary Secretary to the Leader of the Government in the
House of Commons) presented the Return to this Order. -- Sessional Paper No.
8555-352-80.
GOVERNMENT ORDERS
The House resumed consideration at report stage and second
reading of Bill C-66, An Act to amend the Canada Labour Code
(Part I) and the Corporations and Labour Unions Returns Act and
to make consequential amendments to other Acts, as reported by
the Standing Committee on Human Resources Development with
amendments;
And of the motions in Group No. 4 (Motions Nos. 11, 12, 41
and 51).
The debate continued on the motions in Group No. 4.
The question was put on Motion No. 11 and, pursuant to Standing Order
76(8), the recorded division, which also applies to Motions Nos. 41 and 51,
was deferred.
Group No. 5
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 13, -- That Bill C-66 be amended by
adding after line 39 on page 19 the following new Clause:
``25.1 Section 52 of the Act is amended by adding the
following after subsection (3):
(3.1) The rationale for the change mentioned in paragraph
(3)(c) shall include an analysis of the cost of the change, the
benefits expected of the change, the effect on the organization
of the work place and the proposed time schedule for
implementation.
(3.2) The employer shall give the bargaining agent
sufficient time to enable the bargaining agent to assess the
information provided and shall supply any additional information
and technological and financial explanation that the bargaining
agent reasonably requests to facilitate the assessment.
(3.3) No alteration may be made to the terms and conditions
or security of employment of an employee as a result of
technological change unless the employer has complied with this
section and an agreement on the alteration has been reached
between the bargaining agent and the employer.''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 14, -- That Bill C-66 be amended by
adding after line 28 on page 21 the following new Clause:
``29.1 The Act is amended by adding the following after
section 68:
68.1 If a collective agreement expires and no new agreement
has been made between the employer and the bargaining agent, the
terms and conditions in the expired agreement shall continue to
apply to the employees in the bargaining unit until a new
agreement has been made.''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 36, -- That Bill C-66, in Clause 42, be
amended by replacing line 31 on page 32 with the following:
``(c) expresses a personal point of view, other than during the
period an application for certification as a bargaining agent is
being determined by the Board pursuant to sections 28 to 47, so''
Debate arose on the motions in Group No. 5.
The question was put on Motion No. 13 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 14 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 36 and, pursuant to Standing Order
76(8), the recorded division was deferred.
Group No. 6
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 15, -- That Bill C-66, in Clause 37, be
amended by replacing lines 40 and 41 on page 25 with the
following:
``notice to the employer indicating the date on which''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 16, -- That Bill C-66, in Clause 37, be
amended by replacing lines 5and 6 on page 26 with the following:
``notice to the trade union indicating the date on which''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 17, -- That Bill C-66, in Clause 37, be
amended by replacing lines 12 and 13 on page 26 with the
following:
``subsection (1) or (2), a new notice need not be given by the
trade''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 18, -- That Bill C-66, In Clause 37, be
amended by deleting lines 16 to 44 on page 26 and lines 1 to 17
on page 27.
Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin
(Minister of Indian Affairs and Northern Development), moved
Motion No. 19, -- That Bill C-66, in Clause 37, be amended by
(a) replacing line 19 on page 26 with the following:
"within the previous sixty days or any longer period that may be
agreed to in writing by the trade union and the employer, held a
secret"
(b) replacing line 26 on page 26 with the following:
"has, within the previous sixty days or such longer period that
may be agreed in writing by the trade union and the employers'
organization, held a"
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 20, -- That Bill C-66, in Clause 37, be
amended by deleting lines 31 to 36 on page 26.
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 21, -- That Bill C-66, in Clause 37, be
amended by deleting lines 37 to 44 on page 26.
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 22, -- That Bill C-66, in Clause 37, be
amended by deleting lines 1 to 8 on page 27.
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 23, -- That Bill C-66, in Clause 37, be
amended by deleting lines 9 to 17 on page 27.
Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin
(Minister of Indian Affairs and Northern Development), moved
Motion No. 33, -- That Bill C-66, in Clause 38, be amended by
replacing line 13 on page 31 with the following:
"given pursuant to a provision of this Part, other than
subsection 49(1); and"
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 34, -- That Bill C-66, in Clause 39, be
amended by replacing lines 16 to 42 on page 31 with the
following:
``39. (1) Subsection 89(1) is replaced by the following:
89. (1) No employer shall declare or cause a lockout and no
trade union shall declare or authorize a strike unless the
employer or trade union has given notice to bargain collectively
under this Part.
(2) Paragraph 89(2) (b) of the Act is replaced by the
following:
(b) the requirement of subsection (1) has been met in respect of
the bargaining unit of which the employee is a member.''
Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin
(Minister of Indian Affairs and Northern Development), moved
Motion No. 35, -- That Bill C-66, in Clause 39, be amended by
replacing line 20 on page 31 with the following:
"(d) twenty-one days have elapsed after the date"
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 39, -- That Bill C-66, in Clause 42, be
amended by
(a) replacing lines 4 and 5 on page 33 with the following:
``(d.1) where the requirement of subsection 89(1) has been met,
cancel or''
(b) replacing lines 13 and 14 on page 33 with the following:
``(d.2) where the requirement of subsection 89(1) has been met and
the''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 44, -- That Bill C-66, in Clause 45, be
amended by replacing lines 42 and 43 on page 35 with the
following:
``was entitled before the requirement of subsection 89(1) was
met;''
Debate arose on the motions in Group No. 6.
NOTICE OF MOTION
Mr. Gray (Leader of the Government in the House of Commons
and Solicitor General of Canada) gave notice of the intention to
move a motion at the next sitting of the House, pursuant to
Standing Order 78(3), for the purpose of allotting a specified
number of days or hours for the consideration and disposal of the
report stage and third reading stage of Bill C-71, An Act to
regulate the manufacture, sale, labelling and promotion of
tobacco products, to make consequential amendments to another Act
and to repeal certain Acts.
GOVERNMENT ORDERS
The House resumed consideration at report stage and second
reading of Bill C-66, An Act to amend the Canada Labour Code
(Part I) and the Corporations and Labour Unions Returns Act and
to make consequential amendments to other Acts, as reported by
the Standing Committee on Human Resources Development with
amendments;
And of the motions in Group No. 6 (Motions Nos. 15 to 23, 33
to 35, 39 and 44.)
The debate continued on the motions in Group No. 6.
The question was put on Motion No. 15 and, pursuant to Standing Order
76(8), the recorded division, which also applies to Motions Nos. 16 and 17,
was deferred.
The question was put on Motion No. 18 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 33 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 34 and, pursuant to Standing Order
76(8), the recorded division, which also applies to Motions Nos. 39 and 44,
was deferred.
Group No. 7
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 24, -- That Bill C-66, in Clause 37, be
amended by replacing line 25 on page 27 with the following:
``of the public or the causing of severe economic hardship to the
national economy.''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 25, -- That Bill C-66, in Clause 37, be
amended by
(a) replacing line 20 on page 28 with the following:
``danger to the safety or health of the public or cause severe
economic hardship to the national economy, the''
(b) replacing line 28 on page 28 with the following:
``or health of the public or the causing of severe economic
hardship to the national economy;''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 28, -- That Bill C-66, in Clause 37, be
amended by replacing line 8 on page 30 with the following:
``they normally provide to ensure the uninterrupted export of
commodities from point of origin to final destination and the
tie-up,''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 29, -- That Bill C-66, in Clause 37, be
amended by replacing line 9 on page 30 with the following:
``let-go and loading of vessels and the''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 30, -- That Bill C-66, in Clause 37, be
amended, in the English version, by replacing line 10 on page 30,
with the following:
``movement of vessels in and out of a''
Mr. Gagliano (Minister of Labour), seconded by Mr. Irwin
(Minister of Indian Affairs and Northern Development), moved
Motion No. 32, -- That Bill C-66, in Clause 37, be amended by
deleting lines 28 to 46 on page 30 and lines 1 to 6 on page 31.
Debate arose on the motions in Group No. 7.
Pursuant to Standing Order 26(1), Mr. Kilger (Stormont -- Dundas), seconded
by Mr. Proud (Parliamentary Secretary to the Minister of Labour),
moved, -- That the House continue to sit beyond the ordinary hour of daily
adjournment for the purpose of considering the report stage and second
reading of Bill C-66, An Act to amend the Canada Labour Code (Part I) and
the Corporations and Labour Unions Returns Act and to make consequential
amendments to other Acts .
The question was put on the motion and, less than 15 Members
having risen to object, pursuant to standing Order 26(2), the
motion was adopted.
The House resumed consideration at report stage and second
reading of Bill C-66, An Act to amend the Canada Labour Code
(Part I) and the Corporations and Labour Unions Returns Act and
to make consequential amendments to other Acts, as reported by
the Standing Committee on Human Resources Development with
amendments;
And of the motions in Group No. 7 (Motions Nos. 24, 25, 28
to 30 and 32.)
The debate continued on the motions in Group No. 7.
The question was put on Motion No. 24 and, pursuant to Standing Order
76(8), the recorded division, which also applies to Motion No. 25, was
deferred.
The question was put on Motion No. 28 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 29 and, pursuant to Standing Order
76(8), the recorded division, which also applies to Motion No. 30, was
deferred.
The question was put on Motion No. 32 and, pursuant to Standing Order
76(8), the recorded division was deferred.
Group No. 8
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 26, -- That Bill C-66, in Clause 37, be
amended by replacing line 6 on page 29 with the following:
``the trade union, direct that final offer selection arbitration
be used as a method of''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 31, -- That Bill C-66, in Clause 37, be
amended by replacing line 26 on page 30 with the following:
``make an order directing the parties to adopt final offer
selection arbitration as a method of resolving the issues in
dispute between the parties for the purpose of ensuring the
settlement of the dispute to''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 42, -- That Bill C-66, in Clause 45, be
amended by replacing line 10 on page 35 with the following:
``final offer selection arbitration as the method of resolving
those terms,''
Debate arose on the motions in Group No. 8.
The question was put on Motion No. 26 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 31 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 42 and, pursuant to Standing Order
76(8), the recorded division was deferred.
Group No. 9
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 27, -- That Bill C-66, in Clause 37, be
amended by adding after line 9 on page 29 the following:
``(9) Nothing in this section authorizes an employer to use
the services of a person who was not an employee in the
bargaining unit at the commencement of the strike or lock-out to
perform all or part of the duties of an employee in the
bargaining unit on strike or locked out.''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 37, -- That Bill C-66, in Clause 42, be
amended by deleting lines 35 to 46 on page 32.
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Althouse (Mackenzie), moved Motion No. 38, -- That Bill C-66, in
Clause 42, be amended by replacing lines 38 to 40 on page 32 with
the following:
``behalf of an employer shall use the services of a person''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 40, -- That Bill C-66 be amended by
adding after line 22 on page 33 the following:
``42.1 The Act is amended by adding the following after
section 94:
94.1(1) No employer or person acting on behalf of an
employer shall use, thereby undermining a trade union's
representational capacity, the services of a person who was not
an employee in the bargaining unit on the date on which notice to
bargain collectively was given and who was hired or assigned
after that date to perform all or part of the duties of an
employee in the bargaining unit on strike or locked out.
(2) The use by an employer of the services of a person
described in subsection (1) is deemed to undermine the trade
union's representational capacity.
(3) Where a trade union alleges that an employer has
contravened subsection (1), the burden of proof that the use by
the employer of the services of a person described in subsection
(1) does not undermine the trade union's representational
capacity is on the employer.
(4) In any case arising under section 87.4, no employer or
person acting on behalf of an employer shall use the services of
a person who was not an employee in the bargaining unit on the
date on which notice to bargain collectively was given and who
was hired or assigned after that date to perform all or part of
the duties of an employee in the bargaining unit on strike or
locked out.''
Mr. Johnston (Wetaskiwin), seconded by Mr. Hanger (Calgary
Northeast), moved Motion No. 43, -- That Bill C-66, in Clause 45, be
amended by deleting lines 24 to 33 on page 35.
Debate arose on the motions in Group No. 9.
The question was put on Motion No. 27 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 37 and, pursuant to Standing Order
76(8), the recorded division, which also applies to Motion No. 43, was
deferred.
The question was put on Motion No. 40 and, pursuant to Standing Order
76(8), the recorded division was deferred.
Group No. 10
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Althouse (Mackenzie), moved Motion No. 46, -- That Bill C-66 be
amended by adding after line 25 on page 36 the following:
``48.1 Section 107 of the Act is repealed.''
Mr. Ménard (Hochelaga -- Maisonneuve), seconded by Mrs. Lalonde
(Mercier), moved Motion No. 47, -- That Bill C-66 be amended by
adding after line 25 on page 36 the following new Clause:
``48.1 Section 108 of the Act is repealed.''
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Althouse (Mackenzie), moved Motion No. 48, -- That Bill C-66 be
amended by adding after line 25 on page 36 the following:
``48.1 The heading before section 108.1 and section 108.1 of
the Act are repealed.''
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Althouse (Mackenzie), moved Motion No. 52, -- That Bill C-66 be
amended by adding after the heading ``Public Service Staff
Relations Act'' on page 43 the following:
``80.1 The heading before section 90.1 and section 90.1 of
the Public Service Staff Relations Act are repealed.''
Mr. Taylor (The Battlefords -- Meadow Lake), seconded by Mr.
Althouse (Mackenzie), moved Motion No. 53, -- That Bill C-66 be
amended by replacing lines 25 and 26 on page 43 with the
following:
``81. Part I of Schedule I to the Act is amended by''
Debate arose on the motions in Group No. 10.
The question was put on Motion No. 46 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 47 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 48 and, pursuant to Standing Order
76(8), the recorded division was deferred.
The question was put on Motion No. 52 and, pursuant to Standing Order
76(8), the recorded division, which also applies to Motion No. 53, was
deferred.
Pursuant to Standing Order 76(8), the House proceeded to the
taking of the deferred divisions at report stage and second
reading of Bill C-66, An Act to amend the Canada Labour Code
(Part I) and the Corporations and Labour Unions Returns Act and
to make consequential amendments to other Acts, as reported by
the Standing Committee on Human Resources Development with
amendments.
Pursuant to Standing Order 45, the recorded divisions were
further deferred until Tuesday, March 4, 1997, at the expiry of
the time provided for Government Orders.
RETURNS AND REPORTS DEPOSITED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 32(1), papers deposited with the
Clerk of the House were laid upon the Table as follows:
-- by Mr. Goodale (Minister of Agriculture and Agri-Food) -- Review and
Report to Parliament
of the Farm Income Protection Act (FIPA) for the period 1991-96,
pursuant to the Farm Income Protection Act,
S. C. 1991, c. 22, s. 21. -- Sessional Paper No. 8560-352-319.
(Pursuant to Standing Order 32(5), permanently referred to
the Standing Committee on Agriculture and Agri-Food)
-- by Mr. Massé (President of the Treasury Board) -- Report on
the receipts and disbursements
of the Office of the Auditor
General for the fiscal year ended March 31, 1996,
pursuant to the Auditor General Act, R. S. 1985, c. A-17,
sbs. 21(2). -- Sessional
Paper No. 8560-352-100A.
(Pursuant to Standing Order 32(5), permanently referred to the
Standing Committee on Public Accounts)
PETITIONS FILED WITH THE CLERK OF THE HOUSE
Pursuant to Standing Order 36, petitions certified correct
by the Clerk of Petitions were filed as follows:
-- by Mr. Proud (Hillsborough), one concerning profits from crime (No.
352-1830) and two concerning child poverty (Nos. 352-1831 and 352-1832).
ADJOURNMENT
At 7:58 p.m., the Speaker adjourned the House until tomorrow
at 10:00 a.m., pursuant to Standing Order 24(1).