Finance Committee on May 28th, 2013

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Chair, am I allowed to speak to a friendly amendment?

[The Chair, Conservative, James Rajotte]

I'm sorry.

Mr. Brison, we need your amendment in writing, please. Can you write it out for us?

[Scott Brison, Liberal, Kings—Hants, NS]

Sure. I'll write it out.

[The Chair, Conservative, James Rajotte]

Colleagues, there are no friendly amendments; there are amendments.

[Scott Brison, Liberal, Kings—Hants, NS]

I've certainly seen some unfriendly amendments over the years.

[Voices]

Oh, oh!

[The Chair, Conservative, James Rajotte]

It's all in the subjective view.

Okay, everybody, calm down. Let's just deal with the amendment to the amendment.

Just for clarification, Mr. Brison and colleagues, if you look at:

(8) For the purposes of subsections (l)

at the end of that paragraph, it would say:

whether an investment could be injurious to national security include but not be limited to

That's your subamendment.

Do you want to discuss that further?

[Scott Brison, Liberal, Kings—Hants, NS]

No.

[The Chair, Conservative, James Rajotte]

Okay, we'll take discussion on that then.

Mr. Rankin.

[Murray Rankin, NDP, Victoria, BC]

I would point out that paragraph (l) in the proposed amendment adds:

such other factors as the Minister may determine to be appropriate, generally or in connection with a specific review or investigation.

As a matter of statutory interpretation, I don't see the utility of the amendment proposed by Mr. Brison.

[The Chair, Conservative, James Rajotte]

Okay.

Is there further discussion on Mr. Brison's proposal?

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Can I respond to that?

[The Chair, Conservative, James Rajotte]

Ms. May, as I've been directed by the committee, each party has a maximum of five minutes per clause. There was an agreement for about one minute for each amendment, and I've been fairly generous, but that's the decision of the committee. That's what I will have to abide by, as chair, unless the committee directs me otherwise.

On Mr. Brison's subamendment to add “but not be limited to”.

(Subamendment negatived)

We will take the vote on amendment PV-6.

(Amendment negatived [See Minutes of Proceedings])

(Clause 141 agreed to)

(Clause 142 agreed to)

(On clause 143)

I have amendment NDP-12.

Ms. Nash, please.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Chair, if I may explain this motion, NDP-12, our concern is that vague and arbitrary powers for the minister to determine control by an SOE, a state-owned enterprise, will not increase the confidence in the review process. It only makes it more confusing and unpredictable for investors. We want to try to mitigate the vagueness and arbitrariness of the minister's power here. Hopefully, in the spirit of Mr. Brison, the Conservatives will see it as a friendly amendment.

The amendment would require the minister to report to Parliament the reasons for determining how an investor is a de facto foreign state-owned enterprise. We think the clarification would be helpful for investors and for Canadians.

[The Chair, Conservative, James Rajotte]

Thank you.

I'll move to the vote on NDP-12.

(Motion negatived [See Minutes of Proceedings])

(Clause 143 agreed to)

(On clause 144)

We have NDP-13.

Ms. Nash.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Chair, the private sector has already raised some serious concerns about these sections, which give, again, broad powers to the minister to determine that a transaction is de facto taking control of a company by a state-owned enterprise.

We've heard business say that it introduces more confusion and in fact less clarity for investors. What is really needed is a public and accountable process, but the Conservatives seem to be moving more power and more control into the backrooms instead. It's leaving investors with uncertainty and it leaves Canadians in the dark.

What our amendment, NDP-13, would do is require the minister to report to Parliament when it has been determined that a transaction is de facto taking control of a company by a foreign state-owned enterprise. We think that would shine more light on the process and would create more certainty and predictability for business.

[The Chair, Conservative, James Rajotte]

Thank you.

Is there discussion of NDP-13?

I'll call the vote on NDP-13.

(Motion negatived [See Minutes of Proceedings])

(Clause 144 agreed to)

(On clause 145)

We have two amendments here: PV-7 and NDP-14.

Ms. May first, please, for your seventh amendment.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Thank you, Mr. Chair.

Again, I'm presenting this amendment without prejudice to my rights at the report stage.

This amendment is in relation to subclause 145(2) of the bill and deals with the general section of the bill that is extending time lines around national security reviews.

My amendment changes one word. Basically, right now what we have in proposed subsection 37(2) on page 76 is:

the Minister may provide the applicant with a written opinion for the applicant’s guidance.

I have proposed “the Minister shall provide the applicant with a written opinion”, for greater clarity, transparency, and information for those applying to invest in Canada.

Thank you very much, Mr. Chair.

[The Chair, Conservative, James Rajotte]

Thank you, Ms. May.

Is there further discussion? No.

(Amendment negatived [See Minutes of Proceedings])

I will go to NDP-14 then. We will have Ms. Nash on that.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Thank you, Mr. Chair.

Again, with NDP-14 the amendment here is that the investment review branch of the Department of Industry would “undertake a review of the performance of the non-Canadian who implemented the investment with respect to each of the factors set out in section 20”, to make sure that all of these undertakings have been satisfied.

Further, the minister would table with Parliament a report of any review conducted in this regard once the review is completed.

Again, it's about holding investors to their commitments and reporting to Parliament, shining light on the process.

[The Chair, Conservative, James Rajotte]

Thank you very much.

I will go, then, to the vote on amendment NDP-14.

(Amendment negatived [See Minutes of Proceedings])

(Clause 145 agreed to)

Shall clauses 146 to 148 carry?

[Some hon. members]

No.

[The Chair, Conservative, James Rajotte]

(Clause 146 agreed to)

(Clause 147 agreed to)

(Clause 148 agreed to)

Do you still wish to deal with them individually, clauses 149 to 153?

[Peggy Nash, NDP, Parkdale—High Park, ON]

You can group up until clause 153.

(Clauses 149 to 153 inclusive agreed to)

(On clause 154—Order in council)

[The Chair, Conservative, James Rajotte]

We have amendment NDP-15. We'll hear from Ms. Nash.