Softwood Lumber Products Export Charge Act, 2006

An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

David Emerson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

The purpose of this enactment is to implement some of Canada’s obligations under the Softwood Lumber Agreement between the Government of Canada and the Government of the United States, by imposing a charge on exports of certain softwood lumber products to the United States and on refunds of certain duty deposits paid to the United States and by amending certain Acts, including the Export and Import Permits Act. The charge on exports will take effect on October 12, 2006 and will be payable by exporters of softwood lumber products. The enactment also authorizes certain payments to be made.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-24s:

C-24 (2022) Law Appropriation Act No. 2, 2022-23
C-24 (2021) Law An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19
C-24 (2016) Law An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act
C-24 (2014) Law Strengthening Canadian Citizenship Act
C-24 (2011) Law Canada–Panama Economic Growth and Prosperity Act
C-24 (2010) Law First Nations Certainty of Land Title Act

Votes

Dec. 6, 2006 Passed That the Bill be now read a third time and do pass.
Dec. 4, 2006 Passed That Bill C-24, An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence, as amended, be concurred in at report stage with further amendments.
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 50.
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 18.
Dec. 4, 2006 Passed That Bill C-24, in Clause 17, be amended by: (a) replacing lines 42 and 43 on page 12 with the following: “product from the charges referred to in sections 10 and 14.” (b) replacing line 3 on page 13 with the following: “charges referred to in sections 10 and 14.”
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 17.
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 13.
Dec. 4, 2006 Passed That Bill C-24, in Clause 12, be amended by replacing lines 2 to 13 on page 8 with the following: “who is certified under section 25.”
Dec. 4, 2006 Passed That Bill C-24, in Clause 10.1, be amended by: (a) replacing line 27 on page 5 with the following: “referred to in section 10:” (b) replacing line 12 on page 6 with the following: “underwent its first primary processing in one of”
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 10.
Dec. 4, 2006 Failed That Bill C-24, in Clause 107, be amended by replacing lines 37 and 38 on page 89 with the following: “which it is made but no earlier than November 1, 2006.”
Dec. 4, 2006 Failed That Bill C-24, in Clause 100, be amended by replacing line 3 on page 87 with the following: “( a) specifying any requirements or conditions that, in the opinion of the Government of Canada, should be met in order for a person to be certified as an independent remanufacturer;”
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 8.
Oct. 18, 2006 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.
Oct. 16, 2006 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “the House decline to proceed with Bill C-24, An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence, because it opposes the principle of the bill, which is to abrogate the North American Free Trade Agreement, to condone illegal conduct by Americans, to encourage further violations of the North American Free Trade Agreement and to undermine the Canadian softwood sector by leaving at least $ 1 billion in illegally collected duties in American hands, by failing to provide open market access for Canadian producers, by permitting the United States to escape its obligations within three years, by failing to provide necessary support to Canadian workers, employers and communities in the softwood sector and by imposing coercive and punitive taxation in order to crush dissent with this policy”.
Oct. 4, 2006 Failed That the amendment be amended by adding the following: “specifically because it fails to immediately provide loan guarantees to softwood companies, because it fails to un-suspend outstanding litigation which is almost concluded and which Canada stands to win, and because it punishes companies by imposing questionable double taxation, a provision which was not in the agreement signed by the Minister of International Trade”.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 10:50 a.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to rise in the House today to speak, as one of the NDP members, in opposition to Bill C-24.

NDP members have been very active in this debate. A little earlier the government brought forward a motion to cut off debate on an amendment and the main bill. This is a further indication that it has complete contempt for this place. It is a important bill and an important agreement, which will affect every region of our country. It will affect individual workers, business interests and the economy of local communities. One would think that a bill of this magnitude would have a full and democratic debate in the House, yet the government House leader pulled a tactic today to basically censored and cut off further debate on the bill.

I will about public hearings a bit later, but I feel ashamed that the government pulled this tactic today to prevent members of the House from speaking their minds, from communicating the real concerns of their constituents about this bill. As long as the debate on Bill C-24 lasts, we will use every minute to continue debate. We feel deeply and strongly that the bill, which embodies the softwood lumber agreement, is a bad deal for Canadians and the industry.

I want to thank the hon. member for Burnaby—New Westminster, who is our trade critic and who has lead our debate on this, for his incredibly tireless work in committee, in the House and out in the community over the summer. Our trade critic was successful in getting the committee to meet over the summer to take up this important matter when the House was recessed. We want to thank him for his attention to the details in this massive agreement. He has brought forward to the public what this deal is all about, what is wrong with it and why it should be voted down. I will briefly go through some of those reasons.

First is the falsehood that the softwood lumber agreement is based on the idea that Canadian softwood lumber industries are subsidized. The Americans have peddled this idea far and wide through every legal case they could and through every political means they had. It is even at the point where Canadians are beginning to believe that the Americans have a legitimate point.

The falsehood of Canadian softwood lumber industries being subsidized has been exposed and rejected in every NAFTA and U.S. commercial court ruling. The courts have clearly sided with the Canadian industry. The myth about the subsidy has been used by the U.S. as a political weapon against Canada and to whip up its own industrialists south of the border. This myth is based on a completely false premise. Despite the unequivocal dispute settlement decisions and trade court rulings, the U.S. clearly does not want to play by the rules. What is really dismaying to us is that the Conservative government is allowing the U.S. to abandon the rules at the end of the game.

Canada won those major legal battles under the North American Free Trade Agreement in U.S. commercial courts. In fact, by using the legitimate mechanisms available, Canada was just a few months away from winning the two final legal cases, which would have voided the dispute and refunded every cent of the $5.3 billion that had been collected in illegal levies. What did our government do? It wanted to make a deal, apparently at any cost. Now we are rushing the bill through the House.

Second, the deal gives away $500 million in funds owned by the Canadian softwood industry to subsidize the U.S. Coalition for Fair Trade Lumber Imports. It is unbelievable that, as part of the agreement, we would give money, which legitimately belongs to Canadian companies, back to a U.S. coalition, a coalition that will continue in developing its arguments, its campaign and its interest against the Canadian industry.

Third, it will also provide $450 million in funds to the Bush administration, which it will use at its discretion, apparently without Congress approval or any accountability.

Fourth, what is of concern to us is that we are being told this is a great deal, it is the best that can be done and it will provide peace in the woods, et cetera. The fact is this deal can be cancelled unilaterally at any time. It does not provide the stability and the predictability for which I think the Canadian softwood industry was looking. Those are obviously very key elements. We have had this ongoing dispute. It is important to have stability and predictability. While we are being told that it is contained in the agreement, when we read the fine print and the details, we can see that it is not the case.

Further, the agreement constrains trade unreasonably by applying punitive tariffs and quotas that hinder the flexibility of a Canadian softwood agreement. This makes it difficult for the industry to plan its business and predict cash flow, for example.

Many of the industry leaders across Canada expressed, at the trade committee hearings this summer, their concern that the softwood lumber agreement would destroy their industry and communities. This is coming from the industry itself. We should be very concerned about that.

As we heard from the member for Windsor West, the agreement sets a very bad precedent, not only for softwood lumber, but for other industrial sectors in Canada. It opens the door for the U.S. to attack other Canadian interests and industries that it wants to target with illegal tariffs. Why? Because the U.S. knows it can get away with it. It knows it will not only get away with it, but it will be rewarded for it.

The NDP sees this as the slippery slope, as a very bad precedent. So much has been vested politically in this agreement that it will now be harder and harder to fight against other campaigns that develop politically and are targeted at Canadian interests.

We have heard quite a lot in the House about how it can trigger significant job losses. I have been asking questions of other members about this. One of the concerns I have is that the agreement is not based on any kind of industrial strategy, a strategy that we can look at and say, yes, that we understand it is about building productivity and the Canadian economy, that it is about creating good jobs, decent labour standards and sustainability. However, it is not based on any of those things. In fact, we seem to be wiggling away our strategy sector by sector.

I remember the member for Western Arctic stood up last week and spoke about this. He used the example of the oil and gas sector, where again we have no industrial strategy. Nor do we have an industrial strategy in the manufacturing sector.

The member for Windsor West talked a bit earlier about the auto industry. He said that there was no pan-Canadian auto industrial strategy.

When all of that is put together and we add on this agreement, it leaves a really bad taste. It leaves a sense that the government is not interested in developing in producing that kind of comprehensive look. For that matter nor was the previous government because there is no industrial strategy.

It is appalling that in the summer the trade committee, by a majority, agreed to hearings on this agreement in three communities, in Thunder Bay, Vancouver and the Saguenay.

Recently the committee completely flip-flopped on that. Unfortunately the Liberal members allowed the review of a motion to hold those hearings and then voted against having them. We were set to have hearings in those very seriously affected communities and all of a sudden, the hearings have been undone. I really wonder where the Liberal members are on this, because it seems to me that having hearings outside of Ottawa in communities that are affected is a very important aspect of this debate.

I am in opposition to this agreement, as are other members of our caucus. We will debate it as long as we can to try to prevent it from going through.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11 a.m.

Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, I enjoyed very much listening to the comments from the member for Vancouver East. She was very eloquent in presenting the facts.

Throughout the exchanges and agreements and potential signings, people keep sticking to the figure of $5 billion. We have been talking about this for eight or nine months. If an individual had $5 billion in the bank, would there not be interest accruing? It seems that the figure is stuck at $5 billion. As I understand it, it is $5 billion of Canadian money that is supposedly being held somewhere in trust. I do not think it is being held in a closet or in a drawer. It is somewhere accruing interest. Does the member have any knowledge on that?

Next, it is my understanding that the companies in Canada that choose not to sign onto this deal will be penalized by the government with a levy of 19%. I would like her to comment on that.

In closing, it is a bit unfair in terms of her comment about the Liberal side. I think the nation out there knows as people follow this debate that we have been fighting this deal vigorously because we believe it is unfair for Canadian industry, for Canadian products and for Canada as a country.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11 a.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, it is disappointing that the Liberals changed their minds in committee, especially after what has happened today in terms of the debate being cut off. I would hope that the Liberal members might reconsider their position about how important it is to have hearings in those three centres across the country. There are lots of people who need to be heard and want to be heard.

In terms of his questions, the issue of the $5 billion has been raised time and time again. In any other business accounting practice, interest would be a part of the financial reconciliation at the end of the day, but somehow this has gotten lost in the shuffle. It is not just a question of $5 billion and the fact that $1 billion is being left in the U.S. It is also a matter of the interest not being calculated.

In terms of the 19% levy, which is in effect a double taxation, a punitive taxation on those companies that do not sign on, this just seems to be the most alarming precedent, that the government produces an agreement and then basically aims a shotgun at companies and tells them that if they do not sign on they are going to face an extra levy. That is fundamentally undemocratic by any perspective and it is one more reason that we should not allow this deal to go ahead.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:05 a.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, the situation has changed quite remarkably with this deal over the last few days, in that the government has now postponed it again for 30 days.

To my mind the postponement would give the government, which claims it has all kinds of support for this deal, a great opportunity to go out across the land and conduct public hearings in three locations to actually hear what Canadians think about it. We could hold off on this vote until the government went out there to prove its case and show the public across the country that the government has support for this deal, that the supporters are willing to stand up in public hearings and express their support and give parliamentarians direction.

Does my hon. colleague feel that this would be a great opportunity for the government to prove its case?

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:05 a.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, the member is entirely right. It really begs the question of why the government is so intent on rushing this deal through by what it did today and in not allowing hearings. I think the Conservatives are in a bit of a spin. They are no doubt worried that the momentum they thought they had is not moving forward and is actually falling apart. Now we see a delay until, I believe it is November 1 and there may be further delays beyond that.

It would be very good for the government to stand the test and hear from Canadians. What is it afraid of? Why is it not willing to hear from people in some of the key affected communities? If the government thinks this agreement is so good, it should listen to what people have to say. There is nothing that says time would not allow that to be done.

We ask the government and other parties to reconsider this idea and support the need to have hearings in those affected communities.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:05 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, the Conservative government has sold out the Canadian softwood industry with this deal. We are voting down the deal because it is a bad deal.

From the start we said that free trade agreements would not work. I remember the long discussions in the mid-1980s. We said that NAFTA would be problematic. At that time we were told to have faith, the trade agreement would work and that Canadian companies would definitely benefit from the deal.

What has happened subsequently is that in my area of Trinity—Spadina, a great number of garment factories have closed their doors. A large number of immigrant women lost their jobs and their livelihoods because of the free trade agreement. In the mid-1980s there was a lot of discussion. We put forward many arguments about what would happen to some of the industries. We were told that there would be some losers and some winners and that we would see the results.

In Trinity—Spadina thousands and thousands of jobs were gone and a lot of factories and entire areas were emptied out. Fortunately, we were able to bring in other industries, software and many others, to help rebuild that whole area. Definitely, the garment industry in downtown Toronto has been almost entirely eliminated. I think the same is true in parts of Montreal. On top of that, right now in the garment industry there are home workers, people who take work into their homes and get very, very low pay. All of this is because of free trade.

At that time we also said that the free trade agreement would not necessarily work because of chapter 11 as big companies could sue different levels of government.

A few years ago the small town of Hudson, Quebec decided to ban pesticides. Some companies said that was not fair, and under the free trade agreement and under chapter 11, the town of Hudson was sued, but thanks to the Federation of Canadian Municipalities and many others, the town won at the end of the day. As a result, different municipalities are now able to ban pesticides if they wish to do so.

We were told that the industry would benefit, but look at what is happening. In the softwood deal the whole dispute settlement mechanism will be thrown out. We were told to rely on the courts, that the courts would protect us. Actually they will not any more. This agreement is destroying the NAFTA dispute settlement mechanism by agreeing to give hundreds of millions of dollars to the Bush administration and the U.S. Coalition for Fair Lumber Imports. The message is clear. We will pay the Americans to bully us. The Coalition for Fair Lumber Imports is the main opponent of the Canadian softwood lumber industry. We are rewarding the coalition with hard-earned Canadian cash for harassing Canada, for harassing Canadian companies, for harassing Canadian workers.

I want to quote what is being said about it. One of the columnists in the Toronto Star said that thanks to this deal, we can stop pretending we have a free trade agreement with the U.S. and move on. That is what this deal is all about.

In the Thunder Bay Chronicle Journal, which by the way is in an area where a large number of jobs are going to be gone or are gone already, it said:

How much longer is Canada going to let itself be kicked around by a handful of powerful U.S. senators doing the bidding of their lumber baron constituents to ignore NAFTA's repeated rulings against them? How much longer is George W. Bush going to condone this betrayal of America's best friend? And how much longer is Stephen Harper going to stand for it?

We found that the Prime Minister said not that long ago in 2005, I know I should not have read out his name. I apologize.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:10 a.m.

Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

Mr. Speaker, I rise on a point of order. Reference was made to a member in the House, specifically the Prime Minister by his name. I believe that the rules state that members of the House should be referred to by either their title as ministers in the cabinet or by their riding names.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:10 a.m.

The Deputy Speaker Bill Blaikie

I would ask the member for Trinity—Spadina to not refer to the Prime Minister by name in future.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:10 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker. Yes, I admit it. I read that quote and I realize that was the case. I extend my apology. It will not happen again.

Let me read another quote of the Prime Minister from 2005. At that time we were told:

If the U.S. industry is able to pressure the government not to return duties when it has lost its last NAFTA appeal, it will not matter if most other trade is dispute free. If the rules are simply ignored, then the very basis of a rules-based system is threatened and the future of all Canada-U.S. trading relations could be profoundly affected.

We know that because of this deal, if it passes in the House, Canada's future U.S. trading relations will be affected negatively. We are looking at probably steel and wheat. All kinds of deals and trading relationships are going to be negatively impacted because of this deal.

It is also a clear example of how the current government is foregoing the interests of Canadians to appease our big neighbour to the south. All Canadians and all Canadian companies want their interests to be championed by the Canadian government, a government that was elected to look out for the best interests of the people.

Unfortunately, the softwood lumber industry has been given the short end of the stick by the government. The softwood lumber industry is not being subsidized by the Canadian government nor is it being protected from the onslaught of American companies in coalitions.

We know this deal is going to be bad for jobs. In many ways it is going to be terrible. We at the the time said to thousands of workers who lost their livelihoods over the past five years that there would be a light at the end of the tunnel because we kept winning these various disputes. At the end of the day, when we win all of the various court cases and there is one last one, the $5 billion will be returned to the companies. The companies will then be able to invest in their industry. Then the Canadian workers would be able to benefit. We said to them, “Let's just keep going”.

Unfortunately, this agreement is very unfair to individuals and their families who still work in the softwood lumber industry because there will be continuing instability and unpredictability within the Canadian softwood lumber industry. There will be less money to reinvest in the companies to upgrade and there is no money to streamline and no incentive to do so.

It will probably also mean more sellouts to raw log exports and the industry will be harmed because of it. We will be noticing that there will be restructuring of the softwood lumber industry because there will be a lack of a competitive edge with American competitors and that is why there will be a problem of jobs lost. With limited flexibility in the softwood lumber industry through quotas and taxes, it will make it difficult for the industry to plan its business and be competitive.

It is also going to be a problem for big cities because we will end up, especially Americans, having higher prices in terms of building homes.

That is why we are going to be voting against this very bad deal. It is bad for workers and bad for the industry.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:15 a.m.

Wellington—Halton Hills Ontario

Conservative

Michael Chong ConservativePresident of the Queen's Privy Council for Canada

Mr. Speaker, my question for the member for Trinity—Spadina is, why can she and her party not support this agreement?

This is an agreement that has the support of all major softwood lumber producing provinces. The province of British Columbia is lending its support to this agreement. The province of Ontario is lending its support to this agreement. The province of Quebec is lending its support to this agreement. In addition, this agreement has the support of a vast majority of companies in the industry. An overwhelming majority of companies in the industry support this agreement.

How can she not support this agreement when the three major lumber producing provinces and the vast majority of companies in the industry support it? How on earth can she stand in her place in the House and not support an agreement that has the support, both from the provinces and the companies in the industry?

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:15 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, the answer is very simple. It is called $1 billion. It is called Canadian cash. It is Canadian sovereignty. If we were to support this deal, it would mean handing over Canadian cash of $1 billion to the U.S. The only people who are happy with this deal are the Americans who know they are walking away with this money after they have bullied us for many years. They will use this money to continue their attack on our industry.

Since this agreement was first announced, 112 Canadian companies have filed lawsuits against the Canadian and U.S. governments in reference to preserving the integrity of chapter 19 and securing the refund of 100% of the duties illegally collected by the U.S. treasury. The fact that there are that many Canadian companies filing lawsuits tells me that many Canadian companies are not happy with this deal.

The $1 billion being left behind is, in my mind, the result of trade crime and every penny of it should be returned to hard-working Canadian taxpayers.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:20 a.m.

Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, I listened very carefully to what the member for Trinity—Spadina said. She talked about a lot of things aside from the lumber trade deal but she also said that trade deals will not work. She generalized it and I think it was a bit of an unfair statement to make as we would not have had the prosperity we have enjoyed in the last 10 or 12 years, the longest uninterrupted economic growth in the history of our country.

Is she suggesting that we do nothing? Today our trade surpluses have grown and, as a result, created over three million jobs. She talked about lost jobs in the last five years. Canada has been growing in terms of jobs.

She talked about the garment and textile industry. As the former chair of the international trade committee, I remember people coming before the committee who knew that this industry was going through changes, for example, in supporting the LDCs that I know the member is not aware of. They learned to adapt and we learned to be more competitive and change our methods.

I will close with this question. Is she simply saying that we should not have international trade agreements, that we become an esoteric country and not deal with anybody? What is she really saying?

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:20 a.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, what I am saying precisely is that the dispute settlement mechanism is gone. Under the agreement we have this mechanism and we keep winning it. We win it in the courts and yet this deal is going to set a precedent.

Yes, we do need trade, but it has to be fair trade. It is not just about free trade. There is nothing free about this when we lose $1 billion. There is nothing free about it when Canadian companies are being harassed by American coalitions. What is so free about it when we have no rights left?

The fact is that trade with the U.S. is not the only route. We should start focusing and spending a lot more energy and effort in looking at trade with China and India, which we are doing somewhat, but nowhere near enough in terms of encouraging small businesses, for example, to connect and find ways to trade with other countries.

I was talking about the dispute settlement mechanism and the fact that we keep winning in the courts. Yet, we are signing a deal that will end up leaving $1 billion on the table.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:20 a.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I rise on a point of order and draw to the attention of the Chair that earlier this day the government used Standing Order 56.1 to basically cut off the debate on amendments and subamendments on Bill C-24 which we are currently debating.

I believe that the use of this Standing Order by the government was actually incorrect. I would draw to your attention debate that took place and a ruling from the Speaker in September 2001. In fact, the member for Winnipeg--Transcona was a part of that debate concerning the inappropriate use of Standing Order 56.1.

In the comments made by the Speaker at the time in 2001, he advised hon. members to be very cautious in their reading of earlier rulings and drew a parallel between Standing Order 56.1, which requires a prior attempt to gain unanimous consent which we know did happen, and Standing Order 78, the time allocation rule which requires notice of prior consultation. The Speaker said:

It seems doubtful to me, having read the ruling in its entirety, that Speaker Fraser really meant to suggest that Standing Order 56.1 was to be understood as another procedurally acceptable mechanism for limiting debate.

He went on to say:

The expanded use of Standing Order 56.1 since 1997 causes the Chair serious concern. The government is provided with a range of options under Standing Orders 57 and 78 for the purpose of limiting debate. Standing Order 56.1 should be used for motions of a routine nature, such as arranging the business of the House. It was not intended to be used for the disposition of a bill at various stages, certainly not for bills that fall outside the range of those already contemplated in the Standing Order when “urgent or extraordinary occasions” arise.

Therefore, Mr. Speaker, I would ask you to consider this and to make a ruling that it was inappropriate for the government to use Standing Order 56.1. It is normally used for routine business in terms of whether the House will sit longer in the summer or whether it will adjourn earlier. The Conservatives have used it incorrectly to cut off debate on this bill when they had other opportunities using other Standing Orders that do require consultation with other parties to do that if they want to.

Again, Conservatives are trying to use the back door to accomplish their own agenda. I believe it is incorrect and I would ask the Chair to consider this and to make a ruling.

Softwood Lumber Products Export Charge Act, 2006Government Orders

October 3rd, 2006 / 11:25 a.m.

The Deputy Speaker Bill Blaikie

Are there any other members who wish to be heard on this same point of order? The hon. member for Abbotsford.