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 was last introduced in 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 often publishes better independent summaries.

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.

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”.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:15 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I do not know how to take the intervention of the member for Sydney—Victoria.

The Liberal members on the committee rammed through Bill C-24 and refused debate on most of the bill. Aside from the section on the maritime lumber exemption, which we in the NDP supported, the Liberals rammed through every section. Now the member for Sydney—Victoria stands in the House and says that the Liberal Party is opposed to Bill C-24.

The reason Bill C-24 is in the House today is because of the Liberal Party. The Liberals were the instigators. They were the ones who pushed this bill along. It would still be in committee and we would still be looking at changing some of the most egregious errors that were made had it not been for Liberal members ramming it through.

I do not know how to take the member's intervention. Is it possible that he has finally realized that the Liberals made an egregious error and they are apologizing to Canadians from coast to coast to coast for having rammed through Bill C-24 and having done the Conservatives' dirty work? I hope that is the case but I think it is another example of Liberal double-talk. The reality is that the bill is in the House today because of Liberal support.

We know the bill is bad for Canadians but it is the Liberals who forced it through. The bill is here in the House now, after being rammed through at record speed, because of Liberal Party support.

The NDP has been the only party actively standing up and saying that with the thousands of lost jobs that have resulted since the bill was rammed through provisionally a month ago, with the billion dollars that we are giving away, despite a court decision that says we do not need to give away a single penny, with the export tax that is leading to job losses and shutting down value added production in this country and the fact that this deal stimulates raw log exports, we must ask why the Liberal Party forced this bill through.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:05 p.m.
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Liberal

Mark Eyking Liberal Sydney—Victoria, NS

Mr. Speaker, I rise to speak at report stage of Bill C-24, commonly referred to as the softwood lumber bill. It is with great disappointment that we have witnessed some of the actions of the members opposite trying to make our committee non-functional.

The hon. member said that he liked me, but it is with great sadness that I find that the hon. member is taking me off his Christmas card list. This is not the spirit of the season and I hope he reconsiders.

During the 2006 election of the Conservative Party of Canada it outlined its softwood lumber strategy. In that platform the Conservatives promised to be tough with the American government, defend the Canadian softwood lumber industry, and stand up for the forestry worker and help the struggling communities.

Looking closely at the Conservative platform, specifically the small section on forestry, we see several promises. I would like to take a moment to go through a few of those promises today and how they apply to Bill C-24. One promise was to get tough with the Americans on this file. The Conservatives promised they would: “Demand that the U.S. government play by the rules on softwood lumber”.

I do not think that anyone who read this promise thought for a second that what the Conservatives really meant was they would turn their back on years of hard fought negotiations, turn their back on the cornerstones of the North American Free Trade Agreement, and turn their back on the sustainability of forestry communities. In their haste to appease the Americans and score some political points they capitulated on issue after issue.

Over the years our previous Liberal government fought time and time again through trade panels and international dispute resolution mechanisms to win battle after battle on softwood lumber. Whether it was at WTO or NAFTA, time and again we won those rulings. Admittedly, time and again the Americans appealed these rulings. Protecting their domestic lumber industry was paramount. One need only look at the Byrd amendment to see the lengths they would go through to secure their industry and by extension, the power of the lumber industry of the United States was going to work against us.

Big lumber in the U.S. wanted to limit access to Canadian softwood lumber into what the Americans perceived as their God-given domestic markets despite NAFTA and WTO rulings. Quite frankly they lobbied, bullied and pushed, and dragged out the process in the hope of maximizing their profits and waiting for someone to come along and give in to their demands. That opportunity materialized in the form of the Conservative government across the floor. So desperate were the Conservatives to get a deal, to show action on this file, that they stormed ahead and committed to a flawed agreement.

This agreement has concerning implications, not only for the softwood lumber industry but for other Canadian producers. Polls show that Americans are in support of free trade in principle. In fact, 66% of Americans are in favour of free trade; however, this support crumbles the second that the so-called free trade is not in their best interests.

This is not entirely surprising, but it does point to the fact that if today we capitulate on the softwood lumber, what will be next? Will it be beef, automobiles or grain? Who knows what is going to be next? That they have given in on this file shows lack of resolve, again for cheap political points. The Prime Minister pointed out some kind of great new bond with the American administration but is, frankly, a travesty.

This brings my comments on Bill C-24 to another promise made by the Conservative Party in its blue book. On page 19 in the Conservative 2006 platform it states that the Conservatives would defend the rights of Canadian producers and demand the “return of the more than $5 billion in illegal softwood lumber tariffs to Canadian producers”. We on this side of the House know only too well that the Conservatives are not that good with the math. In 1993 we inherited their deficit mess and we worked long and hard to balance the books of this mismanagement.

That being said, here we are today, and the Conservatives have lopped off a full $1 billion from their promise. That is $1 billion in illegal collected duties. That is $1 billion of our Canadian economy. To lop this right off and give it to the American administration and to the lumber industry, not only demonstrates the Conservatives are bad at math but they are bad negotiators. It is clear to all but the party opposite that at least half of this funding will be used by the American lumber industry to fund legal and political attacks against our industry.

Can we imagine $500 million of Canadian money being used by the American lumber industry to lobby against us? It is unbelievable. The Americans must have thought it was Christmas back in the spring when this deal was being made, and it will be Christmas again when the legislation is passed.

The Conservatives are throwing away the lumber industry to the wolves. With Bill C-24 they have backed the Canadian softwood lumber industry into a corner, and what is worse, they have given the American lumber industry a stick, a $500 million stick. What is more, after just 24 months, Canada's proud new government has given its opponents an escape clause to walk away from the deal. What shrewd negotiations, they have given away all we have gained through our trade agreement resolution process.

They have given opposing industries in the United States funds to lobby for two years against our industry, at which time they can pull the plug and possibly gain increased domestic and international ports again, financed by our Canadian funds. That is how the government protects its domestic industry. That is how a government fights on the international stage for just treatment.

Recently, the Prime Minister has been going around suggesting that he does foreign affairs differently than the past government. He does it differently all right. He walks a different walk and he talks a different talk indeed. He is walked over by the Americans, has miscommunications with the Chinese, and he ignores the European Union. That is hardly a stellar new approach.

Realizing my time is short, we could talk all afternoon on the travesty done here. I want to finish my comments by remarking briefly on the excellent work of my colleague, the Liberal critic for international trade, the member of Parliament for Beauséjour.

In the House we are all aware that Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador traditionally receive what is called the Atlantic exclusion. This exclusion recognizes that the lumber industry in Atlantic Canada is different because it is primarily conducted on privately owned land. The Americans have perceived this to be more in line with their domestic market and have therefore waived the tariffs that they impose on the softwood lumber imports from the rest of Canada.

When the recent softwood lumber deal was struck, the exclusion was in that agreement. However, when Bill C-24 was tabled in the House of Commons, the legislation did not have the same language. The Maritime Lumber Bureau raised these concerns with the hon. member for Beauséjour and other parliamentarians. The result was an amendment which was passed at committee to make the language more clear to ensure the continuation of the Atlantic exclusion.

I want to applaud my colleague's work on this amendment and his efforts to work out a deal so the new wording in the bill could be included and the exclusion maintained in exchange for our cooperation with some of the amendments put forward in committee.

We hope that the government resists the urge to roll back these improvements that are part of the report stage amendments. This betrayal will be noticed by the provincial governments, and must make members, like the member for Cumberland—Colchester—Musquodoboit Valley, very happy with the changes in these rollbacks.

Despite this agreement at committee, I want to be very clear that our party does not support Bill C-24. It is flawed legislation brought back by the Bloc and the Conservatives where possibly they tried to make improvements such as the Atlantic exclusion. The reality is that we have been duped. We can only hope that our interventions here at report stage will make members in the Conservative Party come to their senses and pressure their leaders to have the bill withdrawn from the House and negotiate a new deal for the betterment of all softwood lumber producers.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 12:50 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, that is an excellent question. In fact, it is the case and, even worse in Bill C-24, what we are adopting and what the Liberals and Conservatives are trying to foist on the House, with the support of the Bloc Québécois, is a bill that provides American definitions of virtually everything, including definitions of tenure and of related and unrelated people. All of those issues now go to the American coalition and it now has in place definitions that the Americans will be able to use against us.

Even better, thanks to the Conservatives' generosity and with the support of the Liberals, they now have half a billion dollars--

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 12:45 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the member for Timmins—James Bay is absolutely right. He has been one of the most vocal people in standing up for northern Ontario. He has been a champion of northern Ontario, as has the member for Sault Ste. Marie. We have two members in the House who have been standing up for northern Ontario jobs.

The reality, as the member for Timmins—James Bay has just pointed out, is that we are hemorrhaging jobs in northern Ontario because of this badly botched softwood sellout. We are hemorrhaging, with closures and layoffs right across northwestern Ontario. We saw it in Thunder Bay, but we are seeing it right across northern Ontario.

The Liberals, who have been saying that somehow they are opposed to this, have been working with the Conservatives and pushing this along. I do not know how a single Liberal member from northern Ontario can stand up and say that the Liberals have been fighting the good fight after what happened at the Standing Committee on International Trade, when the Liberals did the Conservatives' dirty work to push this bill through.

The reality is that we are in the House now debating Bill C-24 in its badly botched form because of the Liberal Party, because of those Liberal members. They are the ones who pushed this through. They are the ones who said no, they did not care about softwood, that was just for the TV cameras. Now we are in the situation where we have a badly flawed bill that does not even do what the Conservatives said it was going to do because they screwed up the definitions and badly botched the drafting. Now we have a situation where northern Ontario is going to pay the price for having Liberals who are refusing to stand up for that region.

Not only are we seeing this in northern Ontario, but we are seeing it right across the country. We are seeing lost jobs everywhere, from B.C. right through to northern Quebec, and those lost jobs are a direct result of this badly botched softwood sellout.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 12:35 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

As my colleague from Winnipeg Centre has just pointed out, the more we learn about this deal, the more we realize this House is failing in its responsibility to softwood communities across the country. It is failing utterly and completely.

There are double taxation provisions and no provision to allow those companies to go back and push for the kind of justice they should be seeing. Clause 39 has to be deleted.

We are looking through these various motions, Mr. Speaker, that you have regrouped, I would say somewhat hastily. I would disagree with the provisions that you put forward.

The other aspect we touch on in Motions Nos. 83 and 84 is the fact that we have a deal that was put into place, badly botched from the beginning, that forced companies to pay a double tax at the border. When this was hastily and shoddily thrown together on October 11, the illegal American tariffs were still in place. It went from a 10.8% tariff to an additional 15% tariff that companies had to pay. They have to pay this and the government has no idea for how long. There were no witnesses allowed, but when we questioned officials from the Ministry of Foreign Affairs and International Trade, they had no idea when the illegal American tariffs had been taken off. We stepped forward and asked very clearly, why would we put into place provisions of this agreement when illegal American tariffs were still in place? Why would we pay 15% on top of 10.8%? We have said in these motions very clearly that the putting into effect of this agreement has to be November 1.

There was absolute chaos at the border. We have seen absolute chaos in the months since this was provisionally put into effect. There are 4,000 lost jobs, nearly 300 in my community. There will be other members of the New Democratic Party, the only party that is standing up for Canadians on this issue, who will be stepping forward and talking about job losses in their communities as well. There has been utter chaos at the border and companies are paying a double tax. They are paying the 10.8% and an additional 15% on top of that. We have said that the date has to be November 1.

For goodness' sake, 4,000 jobs have been lost because of the incompetence of the federal government, because of its complete lack of understanding of softwood in British Columbia and in other parts of western Canada. Those jobs have been lost. The government, even if it insists on ramming through this deal with the support of the Liberals, has to stand up and realize it made an egregious error. It screwed up. It implemented the deal hastily. To save face for our intellectually malnourished Minister of International Trade we had to rush this job. Because we rushed this job, the government screwed up and companies have had to pay twice.

It makes sense that we make adjustments to the bill, a bill with which we disagree profoundly, but we are trying to save the government from itself, so that the provisions of the deal take effect November 1. There need to be provisions for the companies where double taxation took place at the border, where companies paid the Americans these forced export taxes of an additional 15%.

Bill C-24 is horrible for the softwood companies and the 4,000 families whose breadwinners have lost their jobs. They can attest to that already with four weeks of absolute collapse of the softwood sector because of the incompetence of the government. If the government is absolutely set on ramming this bill through with the support of the Liberals, at least the government should make some provisions for the disastrous situation it has set up.

Disaster is not too strong a word when we are talking about 4,000 lost jobs. We are talking about raw log exports being stimulated now because, as we were told this summer when we saw the softwood agreement coming, this is a recipe for raw logs from Canada creating American jobs. Setting up the 15% export tax, self-imposed, when we won in the Court of International Trade on October 13 is absolutely absurd.

Now we have a bill that is even worse than the sellout, a bill on which the homework was not done, the due diligence was not done. The Standing Committee on International Trade completely failed Canadians. The ministry completely failed Canadians. The minister who has failed his constituents has now broadened his reach. He has betrayed everybody.

We have a situation where the implementation of the softwood agreement is being imposed at the same time as the illegal American tariffs are still being imposed. It is absolutely senseless and absurd.

In this corner of the House there is one political party that Canadians know will stand up for them and will stand up for softwood communities. My colleague from Timmins—James Bay and I went to Thunder Bay. We talked to softwood workers there. They told us how badly they feel about this. They have seen mill closures in northwestern Ontario.

I was in northern Manitoba a week and a half ago where there have been layoffs and shutdowns because of this badly botched softwood sellout. In northern Saskatchewan, in Alberta, in British Columbia there will be public meetings coming up and we will be going into Conservative ridings. This has been a badly botched deal. It is a badly flawed bill. The government and members in all four corners of the House have to make some adjustments to it so that the most egregious impacts are not continued to be felt across the country.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 12:30 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

moved:

Motion No. 4

— That Bill C-24 be amended by deleting Clause 8.

Motion No. 25

— That Bill C-24 be amended by deleting Clause 39.

Motion No. 77

— 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;”

Motion No. 83

— 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.”

Motion No. 84

— That Bill C-24, in Clause 108, be amended by replacing line 5 on page 90 with the following:

“earlier than November 1, 2006.”

Motion No. 94

— That Bill C-24, in Clause 126, be amended by replacing line 4 on page 100 with the following:

“have come into force on November 1, 2006.”

He said: Mr. Speaker, I stand to address this first group of motions to amend this badly botched Bill C-24. It is important to give some initial information to the public at large who are watching us today just how badly this bill has been treated. It was badly botched from the start. The negotiations were badly botched. As one person in the softwood industry notably said, Canada capitulated on everything. Subsequent to that there were further capitulations over the course of the summer. Now we have Bill C-24.

As the New Democratic Party members have been paying the most attention to this bill, we can say that the bill itself is badly flawed, badly botched. However, unbelievably the majority of the Standing Committee on International Trade, the Bloc, Conservative and Liberal members, refused to hear from witnesses across the country from coast to coast to coast who wanted to testify on this badly botched bill.

Unbelievably we heard from only two witnesses and they raised the issue about the poor drafting of the bill and some of the perverse impacts of this horrible legislation. Yet the committee just ramrodded through this legislation. In fact, half of the bill was not even considered in committee. There was no debate whatsoever on amendments. In fact, many of the amendments that were rejected were not even considered by the committee because the committee did not want to do its due diligence on the bill. We are now at report stage and amendments are being brought forward. What do these amendments do?

In the first group of amendments we are endeavouring to repair the incredible botch job that was done by the government on Bill C-24. One of the two witnesses who were allowed to testify before the Conservatives and Liberals shut down any testimony testified to the fact that there is this perverse double taxation in the bill itself. Because the government was not able to do its homework properly, we end up taxing twice any company that actually goes through the EDC formula. Unbelievably, that means that the companies that go through the Export Development Corporation are the ones in a sad, sad position with their cashflow and they actually do not get back 80¢ on the dollar. They get back 67¢ because the government in botching the drafting of this bill has taxed them twice. It is unbelievable.

Now that the government with the support of its Liberal allies has botched the bill, we are endeavouring to give an opportunity to those companies to go back to the minister and get refunds on the money that they should not have paid in the first place. That is why I moved Motion No. 25. We are essentially saying that since the bill does not allow those companies to come back except under the very strict provisions of the Financial Administration Act, those companies should have the opportunity to get back the money they should not have paid in the first place.

The reason most companies have rejected the government's plan, the reason that less than 50% of companies signed on to this strange, bizarre Export Development Corporation punitive tax, double taxation as we know, is no secret. The reason is the ruling on October 13 where the Court of International Trade in the United States said that Canada is entitled to get back every single penny. We do not have to go through this sellout. We do not have to go through the lost jobs, 4,000 to date since this badly botched deal was put in place provisionally, 4,000 jobs including many in my community.

We have a badly botched sellout. We have a badly botched deal. We have a committee that was out of control refusing to do its due diligence on the actual provisions of the bill. Far be it from the NDP to have to approve the bill because we disagree with the sellout in principle, but the committee did not do its due diligence. It is completely irresponsible. That means to softwood communities across the country we are now dealing with a deeply flawed bill.

There were virtually no witnesses, no due diligence and now double taxation. As usual, the NDP is having to be the effective opposition. We are saying to wait, that this bill is even bad from a Conservative point of view. Is there not one Conservative willing to stand and say, “I am sorry, we screwed up. We are going to try to correct the most egregious errors in this deal”? No.

Let us look at another element that we are trying to adjust. A committee that is out of control has adopted definitions for tenure that the United States pushed and on which the Conservative government just capitulated. They directly affect the B.C. timber sales program. It is unbelievable. Now tenure is defined the way the United States defines tenure. It means that the timber sales program which is designed with a sealed bid process is now defined as having tenure, which means the United States under anti-circumvention can raise the B.C. timber sales program that was directly put in place to try to get around those punitive illegal measures of the United States. It is unbelievable.

Speaker's RulingSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 12:25 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

There are 95 motions in amendment standing on the notice paper for the report stage of Bill C-24. Motions Nos. 1 to 3, 5, 9, 10, 12, 20, 21, 23, 24, 26, 27, 29, 35, 36, 46, 53, 74, 79, 82 and 95 will not be selected by the Chair as they could have been presented in committee.

Motion Nos. 30 to 34, 37 to 45, 47 to 52, 54 to 73, 76, 78, 80, 81 and 85 to 93 will not be selected by the Chair as they were defeated in committee.

Motion No. 11 proposes to amend clause 12. The Chair has been informed that an error was found in the report to the House on Bill C-24. This situation resulted in the tabling of a motion at report stage. The error in question has to do with an amendment to an amendment that was rejected in committee on a recorded division. The report to the House indicates, in error, that the amendment to the amendment was adopted. Accordingly, the Chair thanks the hon. member for Gatineau for tabling a motion at report stage in order to correct the report, but this was not necessary. I will ask that the bill be reprinted after third reading in order to add the following amendment to clause 12:

That Bill C-24, in clause 12, be amended by replacing, in the English version, line 36, on page 7, with the following:

“incurred in the placement aboard the convey--”

Accordingly, Motion No. 11 will not be selected by the Chair.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at report stage.

There are a large number of motions which have not been selected for report stage, either because they were identical to motions defeated in committee or because they could have been presented in committee.

The Chair feels that it may be appropriate to take a moment to review the selection criteria for report stage.

On March 21, 2001, the Speaker made a statement on the selection criteria for motions at report stage as follows:

First, past selection practices...will continue to apply. For example, motions and amendments that were presented in committee will not be selected, nor will motions ruled out of order in committee. Motions defeated in committee will only be selected if the Speaker judges them to be of exceptional significance.

Second, regarding the new guidelines, I will apply the tests of repetition, frivolity, vexatiousness and unnecessary prolongation of report stage proceedings insofar as it is possible to do so in the particular circumstances with which the Chair is faced. ... I also intend to apply those criteria in the original note.... Specifically, motions in amendment that could have been presented in committee will not be selected.

Consequently, the Chair selects motions which further amend an amendment adopted by a committee, motions which make consequential changes based on an amendment adopted by a committee and motions which delete a clause.

Aside from this, the Chair is loath to select motions unless a member makes a compelling argument for selection based on the exceptional significance of the amendment.

The Chair cannot predict every possible scenario, but it reminds hon. members that every bill is carefully examined in order to preserve the delicate balance between protecting the rights of the minority and the ability of the majority to exercise the right to vote.

Therefore, the motions will be grouped for debate as follows: Group No. 1 will include Motions Nos. 4, 25, 77, 83, 84 and 94. Group No. 2 will include Motions Nos. 6 to 8, 13 to 19, 22, 28 and 75.

The voting patterns for the motions within each group are available at the table. The Chair will remind the House of each pattern at the time of voting.

I shall now propose Motions Nos. 4, 25, 77, 83, 84 and 94 in Group No. 1 to the House.

November 20th, 2006 / 3:55 p.m.
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Bloc

Réal Ménard Bloc Hochelaga, QC

Bills C-95, C-24 and C-18 have been passed on gangsterism and organized crime. As a law enforcement agency, you are surely very happy there is a public gun registry and, unless they are inconsistent, everyone who believes in deterrence believes in the soundness of the public registry for the registration of firearms.

I’m not asking you for an opinion on the gun registry but on gun trafficking itself.

Business of the HouseOral Questions

November 9th, 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, we will be calling that debate that the hon. member just mentioned in due course.

Today, we will continue the debate on Bill C-27, the dangerous offenders act.

There is an agreement to complete Bill C-25, proceeds of crime, tomorrow. In a few moments I will be asking the approval of the House for a special order in that regard.

When the House returns from the Remembrance Day break, we intend to call for debate a motion in response to the much anticipated message from the Senate regarding Bill C-2, the accountability act. As well, we hope to complete the report and third reading stages of Bill C-24, the softwood lumber act.

Thursday, November 23 will be an allotted day

I want to inform the House that it is the intention of the government to refer Bill C-30, the clean air act, to a legislative committee before second reading.

International TradeCommittees of the HouseRoutine Proceedings

November 9th, 2006 / 10:05 a.m.
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Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, I have the honour to present, in both official languages, the fourth report of the Standing Committee on International Trade.

In accordance with its order of reference of Wednesday, October 18, the committee has considered 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, and has agreed on Tuesday, November 7 to report it with amendments.

November 7th, 2006 / 5:05 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

I would like to quote from Le Petit Robert, the French language dictionary which is the authoritative reference where the French language is concerned. In fact, it was my first French dictionary when I arrived in Chicoutimi.

The definition it gives for the verb “recevoir” is as follows:

Se voir adresser (qqch). 1. Être mis en possession de (qqch.) par un envoi, un don, un paiement, [...] Recevoir une lettre, un colis, un catalogue. J'ai reçu une lettre de mes parents.

For example:

Recevoir un cadeau, des étrennes. L'aumône avilit « celui qui la reçoit et celui qui la fait ». Recevoir de l'argent. [...] Recevoir une somme, un salaire, une gratification.

That is how the verb “recevoir” is defined in the Petit Robert.

Now, Mr. Chairman, coming back to this clause on page 39 of Bill C-24, the current wording in the French version is: “Le ministre peut faire droit à la demande”, which would be replaced by: “Le ministre peut recevoir la demande”. Mr. Chairman, rather than saying that, my suggestion is to say: “Le ministre reçoit la demande”. That is my opinion, and I would certainly...

November 7th, 2006 / 4:50 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Thank you, Mr. Chair.

I move amendment NDP-36.

In the current legislation, a person who has been assessed and objects to the assessment has only 90 days after the date of the notice of motion of assessment to file a notice of objection with the minister.

Now, certainly that's more than the 60 seconds that the government is giving for debate on clause-by-clause here, or the few scant seconds that they're providing in terms of due diligence, but 90 days is not enough time to necessarily appeal assessments. For some of these softwood companies, they already have an onerous administrative burden.

In this amendment, what we are suggesting is that it be 150 days, a longer period of time for these companies, so that they actually have the capacity to appeal the assessment in the midst of all of the other administrative charges that are brought onto them by Bill C-24.

A hundred and fifty days is a reasonable period, and a hundred and fifty days should be—

November 7th, 2006 / 4:50 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

I'd like to move, Mr. Chair, that the committee suspend its clause-by-clause review of Bill C-24 until the full impact of the amendments has been assessed by the ministry.

November 7th, 2006 / 4:30 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Chair, I'm still hoping that there will be common sense around this table and that members of the committee will realize that what is happening here is irresponsible. That's what I'm hoping. One might consider me an idealist, but I honestly believe parliamentarians believe in their hearts that they have a responsibility to softwood companies and softwood communities across the country that are going to pay the price for what is happening today.

Currently, under Bill C-24, records are required to be retained for any period specified in the demand. So what we have is that the minister can basically force any period upon the softwood companies. We talked about six years, and that's already onerous, but beyond that now, the minister may demand that records be retained for any period. What this amendment does is provide for a reasonable period. Now, according the government, “reasonable” is, I guess, 60 seconds--or even better, 10 seconds.