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 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

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”.

Standing Committee on International TradePoints of OrderOral Questions

November 6th, 2006 / 3:05 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am rising on a point of order that stems from a meeting of the Standing Committee on International Trade held last Thursday, November 2.

Subject to the interpretation of the Speaker, I know that he cited, in relation to a question that was asked by my colleague, the hon. member for Burnaby—Douglas, in a point of order that was raised on October 6, that in relation to legislation before the House in relation to committee members, the House of Commons Procedure and Practice indicates that the Chair will become involved if the question at issue is whether a committee has exceeded its powers in its clause by clause review of a bill.

Mr. Speaker, as you know, Bill C-24, the softwood lumber bill, is before that committee.

Last Thursday, the committee adopted a motion that reads as follows: “That the total number of minutes of debate per amendment per member be limited up to a maximum of three minutes; that three minutes per member also be allotted to the clause, amended or not; that the committee finish clause-by-clause consideration for Bill C-24 by the end of the day on Tuesday, November 7, 2006; that all clauses that have no proposals for amendment be voted on together in one vote at the start of the meeting on Tuesday, November 7, 2006; that Bill C-24 be reported back to the House on Thursday, November 9 or as soon as possible; that the clause-by-clause consideration of Bill C-24 be completed before considering any other committee business; and that any debate on motions related to Bill C-24 be limited to three minutes per person, per motion”.

Considering that two clauses certainly go beyond the mandate that was given by the House to the Standing Committee on International Trade, that is, limiting the total number of minutes of debate per amendment to a maximum of three minutes, which is unprecedented, as you know, Mr. Speaker, in parliamentary history, and also that all clauses that have no proposals for amendment be voted on together in one vote at the start of the meeting on Tuesday, November 7, 2006, it gives rise to my point of order.

It is unbelievable that this might happen, but my point of order consists of the fact that the mandate that was given by the House to the committee was to consider, clause by clause, the extensive number of clauses of Bill C-24. There are over 110 clauses of that particular bill, and we now have, in a very real sense, an inability to consider it clause by clause and an inability to propose the amendments. As we know very well, Marleau and Montpetit, at page 874, state, “Motions to amend a clause of a bill do not require notice”.

To this extent, there were no instructions from the House that actually provided that guideline to the committee, and we now have no opportunity for amendments on all of the clauses that might be pushed forward tomorrow morning. We also have a very strict limitation on the ability to improve what is, in my opinion, an extremely flawed bill.

Mr. Speaker, as I mentioned earlier, on October 6, you said that when we talk about clause by clause review of a particular bill, you have the right and the ability to intervene as far as a committee is concerned.

Going back to precedents, I cite from Marleau and Montpetit, footnote 400, which references the minutes of the Standing Committee on Industry, March 23, 1999, meeting 104:

In 1990, following a lengthy examination of Bill C-62, An Act to amend the Excise Tax Act, the Criminal Code, the Customs Act, the Customs Tariff, the Excise Act, the Income Tax Act, the Statistics Act, and the Tax Court of Canada Act, the Chair of the Finance Committee unilaterally terminated debate on a motion to limit further debate and set out a schedule allotting time for the remainder of the Committee’s consideration of the Bill. The Chair’s decision was appealed and sustained by the Committee.

Similar action took place last Thursday, November 2 at the Standing Committee on International Trade.

Further to that notice in Marleau and Montpetit, it states:

The Committee subsequently made a report to the House outlining its concerns about the manner in which debate had been limited and asking that the matter be referred to the Standing Committee on Privileges and Elections.

Today that committee is the Standing Committee on Procedure and House Affairs. It continues:

The House concurred in the report... After study, the Privileges and Elections Committee suggested that Standing Order 78 (time allocation) was the appropriate vehicle to use when proposing a limit on committee consideration of a bill.

Standing Order 78(1) states:

When a Minister of the Crown, from his or her place in the House, states that there is agreement among the representatives of all parties to allot a specified number of days or hours to the proceedings at one or more stages of any public bill, the Minister may propose a motion, without notice, setting forth the terms of such agreed allocation; and every such motion shall be decided forthwith, without debate or amendment.

We have a situation whereby a committee has clearly arbitrarily set the most severe limits in Parliament's history on discussion of this bill. The committee has not received those instructions from the House of Commons. Very clearly, precedent shows that when a committee goes beyond what instructions were given to it, the House must provide that direction. So I would ask, Mr. Speaker, that in light of this draconian motion of closure that is being imposed on the Standing Committee on International Trade, you would request of the Chair of the standing committee not to proceed forthwith tomorrow morning, but rather to hold off until you, as Speaker of the House, can make an appropriate ruling in regard to this very draconian abuse of parliamentary privilege.

Procedure and House AffairsCommittees of the HouseRoutine Proceedings

October 24th, 2006 / 11:40 a.m.


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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I thank you for the opportunity to speak to what I consider to be an extremely important issue.

First, beyond the issue that we will be discussing for the next few minutes, there is something all Canadians should recognize as well. Despite what my hon. colleague from the official opposition, the opposition chief whip, has stated, the intent of this motion is not to discuss whether provisional Standing Orders should be made permanent. It is not even about whether an agreement was broken. The purpose of the motion today is the official opposition, and I suspect in concurrence with other opposition parties, clearly wants to hijack the workings of Parliament. The members of the opposition are using procedural tactics, which are available to them, to delay proper implementation of government legislation. They are using delaying tactics, in other words, to disallow full discourse and debate on government legislation, which we introduced into this place. They are doing that for their own political partisan reasons and, frankly, that is not only objectionable, it circumvents and undermines the purpose of this place.

My hon. colleague, the chief opposition whip, said in her opening remarks, when she introduced the concurrence motion, that the provisional Standing Orders served a number of purposes. One is to allow opposition parties the ability to introduce motions, to speak and to question government members. However, she also said something extremely important. The provisional Standing Orders or the Standing Orders should allow the government to conduct its business. In other words, it should allow the government to govern.

I totally agree with that. The Standing Orders should allow governments to govern. On one hand, the chief opposition whip agrees with that statement. Yet on the other hand, and proof is in today's concurrence motion, which is the fourth of fifth concurrence motion we have had in the last two weeks, she is delaying the ability of the government to govern. That is the first point and I want to get it on the record.

This is highly objectionable. I think most Canadians would agree with me that the purpose of Parliament is to pass legislation or to at least have healthy debate on the it. Yet by the very action of the opposition members, that debate is not taking place. They are finding ways, through procedural tactics, to shelve any meaningful debate on legislation that the government plans to bring forward.

This aside, that is their right. Under the Standing Orders, they can introduce concurrence motions. They have done so. We are now debating the motion for three hours instead of debating government legislation, but so be it. I will accept that because it is something that is available to all opposition members.

I want to turn my attention to the motion at hand. I again want to emphasize that the real issue in the debate on Standing Orders, whether the provisional Standing Orders should be made permanent, is not the issue. The issue is there was an agreement in place that was broken. I believe strongly that agreements and words are extremely important in this place. We could not operate in this place if we had a culture in which a word that was given could be broken at a whim.

I know you, Mr. Speaker, being the senior statesman in this place, would understand. Over the last few decades you have worked in this place and represented Canadians here. I suggest to you that you feel quite strongly that when one gives his or her word to a colleague, that word should be respected, that word should be honoured and to break that word is extremely serious. This is the issue with which we are dealing.

Even though it has been talked about before, let me give the scenario that occurred, chronologically.

On September 19 of this year, the meeting of the House leaders took place, at which time the government House leader talked about extending the provisional Standing Orders for approximately 60 days, until November 21. The reason the government House leader introduced this was because the previous agreement was that the provisional Standing Orders would stay in place only until October 10. If they were not put into place in a permanent fashion at that time, we would revert back to the old Standing Orders.

The government House leader then said that we should have some all party discussion on whether these provisional Standing Orders should be made permanent or whether they should perhaps be amended somewhat. He proposed to extend the provisional Standing Orders until November 21, an additional 60 days. He suggested that during that 60 day extension, the staff of all four parties get together and discuss whether there should be amendments or whether we were happy with the provisional Standing Orders as written. Then we could adopt them into a permanent state, with or without amendments, by the November 21. All House leaders said that was reasonable and they agreed to it.

The following day, on September 20, the government House leader, in this place, introduced the motion asking for unanimous consent to extend the provisional Standing Orders until November 21, as agreed upon in the previous day's House leaders' meeting. It was unanimously agreed upon. That is why I say there is indisputable proof that there was an agreement made at the House leaders' meeting of September 19.

I have great respect for all of my colleagues in positions such as whips or House leaders, or caucus officer positions. Not only do I have respect for them, I absolutely know they are intelligent people who would not allow a motion to pass unanimously unless there had been an agreement. In other words, if we, as the government, tried to pull a fast one and we asked for unanimous consent for a motion and we tried to slide something through, if there had not been an agreement the previous day at the House leaders' meeting, my colleagues on the opposition benches would not have given unanimous consent. However, they did not do that. Everyone agreed to pass the motion unanimously, which again verifies my contention that there was an agreement in place. That is indisputable.

Now having proved that there was an agreement in place, what happened? Rather than waiting until November 21, rather than waiting for all staff members from all opposition parties and the government to get together to examine these provisional Standing Orders to determine whether there should be amendments made and rather than honouring the agreement, on October 5 of this year, at the procedures and House affairs committee, the chief opposition whip introduced a motion, without prior consultation, stating that she wished to make the provisional Standing Orders permanent immediately. That was in violation of the agreement, which stated they should remain in effect until November 21. This is the issue that I am debating. An agreement was broken.

The reason the opposition whip introduced this motion was payback. Opposition members were upset at us because we used a provisional tactic several days beforehand, Standing Order 56.1, and we caught the opposition by surprise.

The circumstances were this. Bill C-24 was being debated in this place. It was the softwood lumber debate, legislation which we had introduced and we wanted to get passed as quickly as possible. Our colleagues from the NDP, during debate, kept raising amendments and subamendments, and then putting up speakers to deal with those amendments and subamendments. That is perfectly acceptable under the Standing Orders of this place. NDP members were, in other words, using procedural tactics to delay implementation of Bill C-24. They did not agree with Bill C-24, so they were using procedural tactics to delay the implementation of it as long as they possibly could.

The Conservatives disagreed. We felt this bill was an extremely important piece of legislation that would benefit the softwood lumber industry and finally put an end to years and years of litigation and dispute between Canada and the U.S. We wanted to fast track the bill. We wanted to stop with these sorts of procedural delays, get the debate completed, get the bill to committee, and ultimately vote on it in this place.

What did we do? We employed a procedural tactic of our own. It is called Standing Order 56.1(3). For those in the gallery and the Canadian viewing public, it is what I would suggest is a fairly arcane procedural Standing Order, which says that there needs to be 25 members of the opposition in this place to defeat a motion that we were about to bring forward.

One day, knowing that the opposition tends not to show up to work very often, the Conservatives introduced a motion which would, to cut to the chase, effectively limit the amount of debate that the NDP would be able to use. In other words, it would stop the NDP from using its procedural tactics to continue to delay the implementation of this bill.

The Conservatives introduced a motion and all of a sudden, by the rules of this place, all of those opposed to our motion had to stand and be counted. There needed to be 25 opposition members to defeat our motion. What happened? There were only 21 opposition members in this place at that time.

I would suggest that speaks volumes about the intentions of the members opposite who actually do not think it is that important to show up to this place during routine proceedings. Nonetheless, only 21 members stood, so the NDP could not defeat our motion. Consequently, it was stymied in its attempts to delay discussion and debate on Bill C-24.

In other words, because of the procedural tactic the Conservatives used, the opposition was angry. Opposition members were very angry and decided they had to push back, that there was payback and there were consequences. They were angry that the Conservatives pulled a fast one like that, embarrassed NDP members, and stifled their ability to talk about a bill they did not agree with.

What happened? On October 5 in the procedure and House affairs committee the opposition whip introduced a motion to break an agreement. She introduced a motion that would place a permanent status on the provisional Standing Orders. She said no, the opposition was not going to honour the agreement to wait until November 21 and was not going to honour the agreement to allow all staff members to get together and examine the provisional Standing Orders to see whether amendments should or could be made. It was going to say to heck with that, it wanted to break the agreement, and wanted these Standing Orders to be made permanent immediately.

That is the issue. The opposition members broke their word. That much is indisputable. In every question and comment period, I have asked every member opposite the simple question of whether there was an agreement in place and not one of the members has had the courage to stand here and say, “Yes, you were right, there was an agreement and that agreement was broken”. They try to change the channel, skirt the issue, and stand in this place to say that is not really issue. The issue is that we should be discussing these provisional Standing Orders. That is the issue.

When members give their word of honour in this place, I suggest they must honour that word. This place could not operate without it. We all know that. From time to time in committees, opposition and government members get together and say, “We are debating something in committee. Can I count on your support?” If somebody says yes, that word is taken as that person's bond.

If we start breaking agreements and breaking our word, then our word is meaningless. This place will not operate. I will give an example of something that affected me, but will show all members how I try to conduct myself in this place.

I was first elected in 2004. I was new to this place and new to the committee structure. I was on, ironically enough, the ethics committee at that time. During debate of some motion that was coming forward, the hon. NDP member for Winnipeg Centre, I believe, gave me a phone call and told me he was introducing something and that he would like my support. He explained his position to me. I said it sounded reasonable and made sense, so I said I would vote with him and support him when that initiative was brought before the committee.

I found out fairly quickly that perhaps before giving one's word one may want to consult with one's own party because I found out afterwards that it was not the position my party wanted to take. They gave me some very salient and cogent sort of explanations of why we should oppose the initiative that the member for Winnipeg Centre was going to introduce.

It came before the committee and what did I do? I voted with the member. I opposed our party's wishes. I paid for it. I had a discussion with some of our caucus officers who told me that they did not really appreciate my position, but the reason I did it was because I had given the member my word and was willing to live with the consequences. That is how this place must operate, I would suggest.

We have a fundamental issue and that is the issue of the day, the agreement that was made at the September 19 House leaders meeting has been broken. Nothing else matters. These provisional Standing Orders, I could live with them as they are. I could live with them with minor amendments, but that is not the issue.

An agreement was broken and it was done deliberately for partisan reasons, not for the benefit of Canadians, and not because we want to get these provisional Standing Orders in effect today. They would have been effect in any event come November 21 because I would guarantee that all members of the committee, prior to November 21, would have brought forward a motion to deal with it before the deadline ran out. It would have been voted in favour. Those provisional Standing Orders would have been adopted with or without amendments.

However, the opposition party and the chief opposition whip brought this motion forward as a form of what probably may be considered as political payback, but in effect the opposition broke an agreement. It broke its word and that is the issue that we have to deal with here.

We will always disagree on fundamental issues. We will always agree to disagree ideologically, politically and philosophically, but I would suggest, and hope, that every member in this place would agree that when a member of this place gives his or her word to another member, that word should be honoured, and it is not.

We have had, in my opinion again, a serious breach of trust in this place. Some might suggest that the trust has been lacking for a long time. I could agree where some members would suggest that this place is not conducive to trustworthiness. Certainly, all parties are suspicious of the motives of other parties from time to time.

I am quite convinced, even as I speak now, that there are members in the opposition ranks who feel that my motives are politically driven. I just want to assure them, whether or not they take me at my word, that they are not. I absolutely believe that when one gives his or her word in this place, it must be honoured.

We are starting to break down the ability of members to trust one another in the most primary and fundamental environment of asking whether another member will agree to support one and to support a piece of legislation. When a word is broken, when a trust and a bond is broken, I do not believe we can operate efficiently. That is the issue.

I would ask in summation that every member in this place stand during their comments or in their questions, and please accommodate me and answer one simple question. Do they not believe that when one gives his or her word in this place, it should be honoured?

Vote on Amendment to Bill C-24Points of Order

October 17th, 2006 / 10:05 a.m.


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The Speaker Peter Milliken

Without having a continuation of the debate, let me put the question to the House. Does the proposal that the chief government whip has put forward, that the members of the New Democratic Party who voted on the previous motion be counted as having voted yea on the amendment moved by the Liberal Party to Bill C-24 at second reading last evening?

Vote on Amendment to Bill C-24Points of Order

October 17th, 2006 / 10:05 a.m.


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Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, the proposition that the whip for the government presents on the floor this morning comes as a bit of a surprise because of the government's position last night, which was exactly the opposite.

The proposition that he is bringing forward appears, from a substantive point of view, to be a reasonable one in view of the fact that there was either confusion or an error in the course of the taking of the vote on the amendment to Bill C-24 that was entirely unintentional and inadvertent on the part of the New Democratic Party. I suspect there is a will in the House to see that it is corrected.

However, I need to point out, Mr. Speaker, that this is not the first time this has occurred. We saw a similar incident in the spring in relation to a vote on a budget bill; I hasten to add, not on the budget itself, but in relation to the vote on the budget bill. At that time the House, specifically on the part of the government and perhaps the Bloc, but I do not want to characterize its position because I do not know for sure, did not have the will to accommodate the simple correction of what was an obvious inadvertent occurrence that, since that time, I must say, the government has been at some pains to exacerbate.

The point is that these incidents do, unfortunately, occur. It is obvious to all members of the House that they are inadvertent and there has, at least up until last spring, been the will in the House to immediately recognize the reality of the situation and to cooperate with each other to correct the error and ensure the record accurately reflects what the will of the House would be.

In this instance I think it is obvious what the NDP intended, even though that was not reflected in the detail of what happened last evening. From the opposition's point of view, we are certainly prepared to see that inadvertent situation put right and the accurate reflection of the NDP's position to show through in the proceedings of the House.

I simply make the point that the same goodwill, the same give and take and the same sense of fair play and accurate reflection should apply in all circumstances.

Vote on Amendment to Bill C-24Points of Order

October 17th, 2006 / 10 a.m.


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Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, last night, I think quite inadvertently, a mistake was made during the deferred recorded division on the Liberal amendment to Bill C-24.

I am sure you will recall, Mr. Speaker, as you were in the chair at the time, that during the vote process the NDP rose to seek consent to have NDP members who were present for the previous vote recorded in support of the Liberal amendment to Bill C-24. Unfortunately, the reality is that when the NDP House leader rose for a second time to seek consent, that consent was denied by the House at that time.

As it was very evident to me, I rose on a point of order and stated that no points of order were to be entertained by the Chair during the vote process and, second, that I wanted to ensure the public viewing the vote process last night did not blame the clerks for the NDP members missing their opportunity to vote. Likewise, I believe that when a party, or an individual member for that matter, seeks to correct the record of a vote after the vote process is completed, it is normal tradition in the House that consent is granted by the members present in the House.

In conclusion, I believe that one mistake in the House should not be compounded by a second mistake. Therefore, in the interest of non-partisanship, common courtesy, traditional practice and in fairness to the New Democratic Party, in particular my colleague, the member for Acadie—Bathurst, I seek the unanimous consent of the House at this time to have the results of the deferred division taken last night on the Liberal amendment to Bill C-24 corrected to indicate that the NDP did intend to support the Liberal amendment.

Business of the HouseOral Questions

October 5th, 2006 / 3 p.m.


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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today we will continue to debate an opposition motion.

Tomorrow, we will complete debate on the amendment to Bill C-24, the softwood lumber agreement. Under a special order adopted Tuesday, there is an opportunity to sit into the weekend if needed to give members, particularly members of the New Democratic Party, the debating time they requested on such an important bill.

Next week, the House will be adjourned to allow members to return to their ridings.

When the House resumes on October 16, we will debate Bill C-23, the Criminal Code; Bill S-2, hazardous materials; and Bill C-6, aeronautics.

On Tuesday I will call Bill C-24 again. Thursday will be an allotted day.

We will introduce the motion that the hon. member requested in due course.

At the same time, I would like to wish everyone a happy Thanksgiving weekend.

Softwood LumberOral Questions

October 3rd, 2006 / 2:25 p.m.


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Calgary Southwest Alberta

Conservative

Stephen Harper ConservativePrime Minister

Mr. Speaker, it is urgent, but it took six months for the leader of the Bloc Québécois to take a position on this agreement.

It is essential to have this agreement adopted as quickly as possible. I ask the Bloc Québécois to work with us to pass Bill C-24, so that the companies can receive the funds provided by this government.

Government Operations and EstimatesCommittees of the HouseRoutine Proceedings

October 3rd, 2006 / 10:05 a.m.


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Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I seek the unanimous consent of the House that, in relation to the second reading stage of Bill C-24, and notwithstanding any Standing Order or usual practices of the House, Bill C-24 shall not be subject to any further amendments or subamendments; and on any day Bill C-24 is under consideration at second reading, the House shall sit beyond the ordinary hour of daily adjournment and shall not be adjourned before such proceedings have been completed except pursuant to a motion to adjourn proposed by a minister of the Crown.

Business of the HouseOral Questions

September 28th, 2006 / 3:15 p.m.


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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it sounds like the hon. gentleman would like us to table everything we are going to do for the whole fall, right up to Christmas. Usually, the Thursday question is just for the week ahead, but it seems to have expanded.

Today, for sure, we will continue with the debate on the opposition motion of his party.

Tomorrow, we hope to complete Bill C-24, the softwood lumber agreement, which will followed by Bill S-2, hazardous materials, and Bill C-6, the Aeronautics Act.

Tomorrow, I intend to ask the House to approve the appointment of Graham Fraser as Commissioner of Official Languages for Canada for a term of seven years.

Depending on progress on the softwood lumber bill, it is my intention to call three justice bills next week as follows: Bill C-19, street racing; Bill C-18, DNA; and Bill C-23, Criminal Code efficiency and effectiveness.

Next Thursday will be an allotted day.

The answers to the hon. member's other questions he will know in good time.

Finally, there have been consultations and there is an agreement to have a take note debate on the situation in Sudan. Therefore, I think you would find consent for the following motion. I move:

That a take note debate on the subject of the Situation in Sudan take place, pursuant to Standing Order 53.1, on Tuesday, October 3.

Emergency Management ActGovernment Orders

September 21st, 2006 / 1:15 p.m.


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Bloc

Réal Ménard Bloc Hochelaga, QC

Mr. Speaker, it is with pleasure that I rise to speak to Bill C-12. This is a moment I have been eagerly awaiting, for I am well aware that in the world in which we now live, the issue of emergencies certainly demands the attention of legislators.

Just earlier, I was pondering the fact that, even in the 1800s, people were trying to regulate emergencies with the Quarantine Act. Why did they attempt to use this act in part to regulate emergencies? Because disease was surely the greatest threat to human communities, to the human condition about which Malraux spoke to us with such talent. I am sure, Mr. Speaker, that you are an enthusiast of Malraux. I know your erudition, and even your epicurean side. Of course, if we are talking about the 16th, 17th or 18th centuries, the spread of disease could not possibly be compared with the SARS crisis that we experienced, for example. And for once, the federal government was in a field of jurisdiction that belonged to it alone, under a class of subject enumerated in the Constitution.

When we speak of emergencies, the word “emergency” is in itself open to many meanings. What does it mean when we speak of emergencies? Are we talking about disease, the unleashed forces of nature, public transit, natural catastrophes, the overflowing of the Red River, the pollution in the big cities, terrorist attacks? Terrorism is a real fact of our collective life.

If I may digress, for a parliament and a parliamentarian, the end can never justify the means. One can never say, on account of some context one considers extraordinary, that one is going to take certain actions prejudicial to personal freedoms. In any case, you know how the Bloc Québécois is. If there is one party in this House that could hold a set of scales in its hands, with a centre of gravity that can balance human rights with necessary protection of the community, that party is surely the Bloc Québécois. How could we not be disturbed by Bill C-24, and its successor Bill C-36 on anti-terrorist measures. The government was trying to plagiarize the previous government, and it plagiarized certain provisions of the Patriot Act, tabled by the Bush administration. Incidentally, it will be with great interest that we shall read the judgment to be rendered shortly on the security certificates.

I know that some of my caucus colleagues, and in particular our immigration and public safety critics, have a lot of reasons to be worried. I would ask you the question, Mr. Speaker. Is it acceptable, in a country that adheres to the rule of law, for a person to be subject to arrest without warrant, arbitrarily detained, and not have access to the complete evidence in his or her court file? Do we not learn in our law schools that it is important to have a just and fair trial? Are we not in the post-Stinchcombe era? The Supreme Court has given judgment on this point. My colleague from Marc-Aurèle-Fortin is aware of that. Stinchcombe requires that all evidence be disclosed. That is surprising, because Stinchcombe involved a tax fraud matter, if I recall correctly.

In any case emergencies cover a range of situations: SARS, overflowing rivers, terrorism, or mass transit.

We know that in some democracies, the evil hand of certain groups has used mass transit to spread toxic substances. Plainly it is a concern of governments, I would even say their duty, to have evacuation and emergency plans.

Let us ask the question: is this primarily the responsibility of the federal government? That question arises in the case before us. This is not a case involving quarantine, an epidemic or virology.

The bill says:

This enactment provides for a national emergency management system that strengthens Canada’s capacity to protect Canadians.

Obviously, when we read the bill, we can say that it is reasonable for the federal government, in the departments for which that government is responsible, to have an emergency plan. We therefore understand that it is reasonable for there to be a plan for public safety, health, national defence, or any other example that my colleagues may bring to my attention.

Closer to home, I know that on Parliament Hill, the Board of Internal Economy, of which the various party whips are members, thinks about how to ensure that the Hill is safer. There have been very few unfortunate incidents, but still, there have been a few.

In fact, there is a new Sergeant-at-Arms in the House. I would like to wish him success in the responsibilities of his position. He is the person who is responsible for the safety of parliamentarians.

In the British parliamentary tradition, the distance between the opposition and the government is two and a half sword lengths. Why? Because when Parliament was first created, when the institution of Parliament was created in the United Kingdom, the monarch stood in fear of members of Parliament. That is the source of the tradition, when the Speaker is elected, of dragging him or her by the arm while being met with resistance. That is because some of the speakers, in some of the Parliaments of Great Britain, who were called burgesses, were beheaded when the king did not agree with them.

So as not to wander too far afield, let us come back to the Sergeant-at-Arms. He is responsible for parliamentarians’ safety, and in emergencies he must arrange for the Hill to be evacuated.

I would like to give you an example of a traumatic event that I experienced personally. Every member of this House is familiar with my sturdiness, physical strength and self-discipline. Then there is the President of the United States, who thinks he is the master of any house he happens to be in. When President Bush visited the Hill, some parliamentarians, including me, were not allowed access to the Hill. My colleague from Saint-Lambert was also denied access to the Hill. Why? Not because the constables prevented us from entering. After all, their kindness is known to us all. They were not the ones who denied us entry. It was security personnel outside Parliament who stopped us; they went about it quite rudely, I might add. Such events prompt us to think about how we might react in an emergency that forced us to evacuate the building rapidly.

I know that Board of Internal Economy members, including the whips, have discussed this issue.

So, yes, we have to have emergency measures in place in our large communities, especially in big cities. Emergencies can be caused by natural disasters, terrorist attacks on public transportation or, of course, disease. Obviously, we do not deal with disease as we did in the 15th, 16th and 17th centuries, but imagine the impact of a virus spreading through our communities. Even in our modern society, we have come to realize that hospitals are not always a safe haven. We do not think that going to the hospital can make us sick. I feel comfortable talking about this before the member for Québec because I know she is as healthy as a horse, but people sure do not expect to get sick when they go to the hospital.

We recently learned that some hospitals in Canada were vectors of contamination. This is one of the emergencies for which we must plan.

Although the Bloc Québécois agrees with this bill in principle, we have some concerns. First is the issue of respecting provincial responsibilities. A national emergency should never mean there is just one government. We are long past the time of the Rowell-Sirois commission. We are not in an apprehended war situation. As elected members of the Bloc Québécois, as representatives of the people of Quebec, we must never act as though there were just one government.

The National Assembly, whose first speaker was Mr. Panet—if I recall correctly—is one of the oldest Parliaments in North America. A number of years ago, it passed its own public safety plan. And who was the author of this important plan that respects decentralization, a plan whose goal was to have the regional county municipalities, the municipalities and the health care system work together? When we think of emergencies, these are the players we want to see promote a common vision.

The National Assembly was the first francophone Parliament in North America. It was led by Speaker Panet and founded under the Constitutional Act, 1791, with ministerial responsibility introduced in 1848. It used to be referred to as the Salon de la race, but that expression is no longer used. It passed its public safety plan. We are most privileged to have among us the author of the plan, none other than the hon. member for Marc-Aurèle-Fortin, who was the public safety minister at the time and who served the Government of Quebec well.