Evidence of meeting #56 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Elizabeth MacPherson  Director General, Labour Program, Federal Mediation and Conciliation Service, Department of Human Resources and Social Development
Marc Toupin  Procedural Clerk

4:20 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Chairman, if that's the way you're going to rule beyond this one, because you considered this one administrative, I would point you to page 874 of Marleau and Montpetit, where it says:

Motions to amend a clause of a bill do not require notice. As a practical matter, proposed amendments are usually forwarded to the clerk of the committee before clause-by-clause consideration begins.

That's obviously what we all endeavoured to do. We did endeavour to get amendments in.

And that indeed did happen.

The proposed amendments received by the clerk are usually circulated to members prior to the beginning of clause-by-clause consideration, for information purposes. At this stage, the amendments are not formally before the committee and the member may move them or not when the committee reaches the appropriate place in the bill.

Mr. Chairman, I've been on many committees, and the fact is that even if you're reading from something that was sent in, often there are subamendments that come from another party, as a result of something that's been written, that may change something--a subamendment or an amendment--and that's always in order.

So yes, it's very clear that the usual procedure is to send them in, in advance, for information purposes, but it does not preclude members at the committee from making an amendment from the floor verbally, as long as it's clear; and if there needs to be clarification, obviously we will take time to do that. But it's perfectly in order beyond an administrative matter.

4:20 p.m.

Conservative

The Chair Conservative Dean Allison

I'll just point out again that any subamendments can come from the floor at any time, obviously, to make recommendations on amendments. It's just that, once again, the committee passed a motion that amendments would be in by Wednesday. I believe this is administrative in nature. It doesn't change anything; it clarifies. When we get to that stage, we'll have to have a conversation again on that, but I don't believe at this point in time that it's much of a concern.

Go ahead, Mr. Silva.

4:20 p.m.

Liberal

Mario Silva Liberal Davenport, ON

Mr. Chair, I believe that both I and Ms. Davies have already stated what's in the rules of procedures of the House. Whether it's administrative or not, the reality is that it is for practical purposes, it states here to have the motions in advance. Notwithstanding that, members still have a right. That's why we do clause-by-clause. The purpose of going clause-by-clause is so that you can see if there is something that should be there or not there, and at that time you can make the decision. That's why the rules state that. It's a practical matter to have the amendments in advance, but it's not necessarily so, even notwithstanding whatever the decision might have been on the rules from the committee.

4:20 p.m.

Conservative

The Chair Conservative Dean Allison

Thank you.

Go ahead, Ms. Yelich.

4:20 p.m.

Conservative

Lynne Yelich Conservative Blackstrap, SK

We won't have any problem with that. I think you should just—

4:20 p.m.

Conservative

The Chair Conservative Dean Allison

Then I will just ask the question on this particular addition.

Are we all in favour, then, to add what Mr. Silva said? It was to add on line 15, right after “(2.1)”:Subject to section 87.4

...and then continue:

for the duration of a strike or lockout

and so on. That's the motion on the floor.

4:20 p.m.

Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

I do want clarification on that. Is it after the bold part there in the bill, the subsection—

4:20 p.m.

Conservative

The Chair Conservative Dean Allison

It's after “(2.1)”, before the paragraph starts.

4:20 p.m.

Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Okay, so after the bracketed “2.1” it will be “Subject to section 87.4”, and then everything--proposed paragraphs (a), (b), (c.). Okay.

4:20 p.m.

Conservative

The Chair Conservative Dean Allison

Once again...well, I'll read it as many times as you need.

It's “2.1” in brackets; then we're adding “Subject to section 87.4” before the paragraph continues on to say, “for the duration of a strike or lockout”, and so on. Is that correct?

Is there further discussion?

(Amendment agreed to)

4:25 p.m.

Conservative

The Chair Conservative Dean Allison

We will now go back to Ms. Davies. You had on page 7 an amendment that you would like to read for us, Ms. Davies.

4:25 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Before we do that, I believe Mr. Silva has another amendment that would come before that. My deletion concerns proposed subsection 94(2.4) on page 3, but I believe he has an amendment that deals with lines 6 to 10 on page 3, which would precede that. It is to actually replace proposed subsection 94(2.4), so I won't move my deletion because he has replacement wording.

4:25 p.m.

Liberal

Mario Silva Liberal Davenport, ON

Mr. Chair, my amendments deal with substitutions for proposed subsection 94(2.3) and proposed subsection 94(2.4).

4:25 p.m.

Conservative

Lynne Yelich Conservative Blackstrap, SK

Is that saying, Ms. Davies, that you're withdrawing it? Can I just take it like this and rip it up, and we won't have to look at it again?

4:25 p.m.

Conservative

Mike Lake Conservative Edmonton—Mill Woods—Beaumont, AB

Oh, you're withdrawing it. Okay.

4:25 p.m.

Conservative

The Chair Conservative Dean Allison

Mr. Silva, I believe that yesterday you wanted to add a proposed paragraph 94(2.1)(h). We want to carry this sequentially, so we should probably deal with the proposed paragraph 94(2.1)(h) before we get into proposed subsections 94(2.3) and 94(2.4).

4:25 p.m.

Liberal

Mario Silva Liberal Davenport, ON

No, Mr. Chair; just to be clear, there's no amendment before you for a proposed paragraph 94(2.1)(h), so that is not the question. It's off the table.

4:25 p.m.

Conservative

The Chair Conservative Dean Allison

Okay. Thank you very much.

4:25 p.m.

Liberal

Mario Silva Liberal Davenport, ON

If you want to do proposed subsection 94(2.1) and carry it, then you can move on to proposed subsection 94(2.2).

4:25 p.m.

Conservative

The Chair Conservative Dean Allison

No, we carry all of clause 2. We have to finish up with the whole of clause 2.

In terms of amendments presented to us, I have NDP-1. If there's a new one, we're going to have to see it in writing so that we can circulate it to the members. We'll have to see that.

Do you have a copy?

4:25 p.m.

Conservative

Lynne Yelich Conservative Blackstrap, SK

This is an NDP motion.

4:25 p.m.

Conservative

The Chair Conservative Dean Allison

No, this is a new Liberal motion.

4:25 p.m.

Conservative

Lynne Yelich Conservative Blackstrap, SK

What does this replace so far?

4:25 p.m.

Conservative

The Chair Conservative Dean Allison

We'll find out in a second.

4:25 p.m.

Liberal

Mario Silva Liberal Davenport, ON

It replaces the present proposed subsection 94(2.3).