Foreign Affairs Committee on June 22nd, 2017

[Peter Fragiskatos, Liberal, London North Centre, ON]

Okay. We're on number 8, if I'm not mistaken.

[The Chair, Liberal, Bob Nault]

Yes.

[Peter Fragiskatos, Liberal, London North Centre, ON]

I move that Bill S-226, in clause 4, be amended by adding, after line 37 on page 5, the following:

Order authorizing Minister (4) The Governor in Council may, by order, authorize the Minister to

(a) issue to any person in Canada or Canadian outside Canada a permit to carry out a specified activity or transaction, or class of activity or transaction, that is restricted or prohibited under this Act or any order or regulations made under this Act; or

(b) issue a general permit allowing any person in Canada or Canadian outside Canada to carry out a class of activity or transaction that is restricted or prohibited under this Act or any order or regulations made under this Act.

Ministerial permit

(5) The Minister may issue a permit or general permit, subject to any terms and conditions that are, in the opinion of the Minister, consistent with this Act and any order or regulations made under this Act.

Revocation, etc.

(6) The Minister may amend, suspend, revoke or reinstate any permit or general permit issued by the Minister.

[The Chair, Liberal, Bob Nault]

Thank you.

You've heard the amendment. Is there any discussion? There is none. It's approved.

(Amendment agreed to)

(Clause 4 as amended agreed to)

(Clause 5 negatived)

(Clause 6 agreed to)

Next is clause 7.

[Peter Fragiskatos, Liberal, London North Centre, ON]

I'd like to speak to that, Mr. Chair.

[The Chair, Liberal, Bob Nault]

Okay.

[Peter Fragiskatos, Liberal, London North Centre, ON]

I propose here—

[The Chair, Liberal, Bob Nault]

One minute, please. Technically that's a new clause 7.1, so we will move to carry clause 7. No discussion on clause 7?

(Clause 7 agreed to)

Now, on the new clause 7.1, Mr. Fragiskatos, please.

[Peter Fragiskatos, Liberal, London North Centre, ON]

Okay. I move that Bill S-226 be amended by adding after line 5 on page 7 the following:

Duty to disclose — supervising and regulating agencies

7.1 (1) Every entity referred to in section 7 must disclose, every month, to the principal agency or body that supervises or regulates it under federal or provincial law, whether it is in possession or control of any property referred to in that section and, if so, the number of persons or dealings involved and the total value of the property.

Duty to disclose — RCMP or CSIS

(2) Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service

(a) that they have reason to believe that property in their possession or control is owned, held or controlled by or on behalf of a foreign national who is the subject of an order or regulation made under section 4; and

(b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

Immunity

(3) No proceedings under this Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1) or (2).

[The Chair, Liberal, Bob Nault]

Is there any discussion?

(Amendment agreed to)

(On clause 8)

[Peter Fragiskatos, Liberal, London North Centre, ON]

I'd like to speak to that, Mr. Chair.

I move that clause 8 of Bill S-226 be amended by replacing lines 6 to 18 on page 7, and the heading before clause 8 on page 7, with the following:

Rights of Foreign Nationals Who are the Subject of an Order or Regulation Application

Under this part, the amendment would insert the phrase “foreign national”.

Under “Recommendation”, the amendment would insert a number of phrases, including, “On receipt of the application”; “decide whether there are”; “be amended” and “repealed”; “ceases to be”; and “it.”

I believe everything else stays the same. I can read further, if you like.

[The Chair, Liberal, Bob Nault]

No, that's good.

You heard the amendment to clause 8.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 8 as amended agreed to)

(On clause 9)

Mr. Fragiskatos.

[Peter Fragiskatos, Liberal, London North Centre, ON]

I'd like to speak to that, Mr. Chair.

I move that clause 9 in Bill S-226 be amended by replacing lines 19 to 25 on page 7 with the following.

Under “Mistaken Identity”, the first word in the paragraph should be “Any”. Next to the word “person”, the following should be included: “in Canada or any Canadian outside Canada whose name is the same as or similar to the name of a foreign national”. Toward the end of line 21, “if they claim” should be included in between the words “may” and “not”. The word “that” should be included at the end of line 21, and the third-last word in the line should be “that”.

Under “Determination by Minister”, line 24 should begin:

(2) Within 45 days after the day on which the application was received

Moving on, proposed paragraph 9(2)(a) would begin with the following: “if he or she is satisfied”. The amendment would also add these words: “applicant”; “the”; and “the”.

[The Chair, Liberal, Bob Nault]

Mr. Bezan.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Chair, proposed paragraph 9(2)(b) would also be a new insert.

[Peter Fragiskatos, Liberal, London North Centre, ON]

Yes. I was about to get to it.

[The Chair, Liberal, Bob Nault]

We're going to get to that.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

We are? Okay.

Did we do that with the previous one as well? For Liberal amendment 10(e), I don't know if you read proposed subclause 8(5) into the record.

[The Chair, Liberal, Bob Nault]

Mr. Levitt, do you have some comments?

[Michael Levitt, Liberal, York Centre, ON]

I do.

In the previous clause, clause 8, I'll just point out that under “Delay” and “New application”, these are new to the clause as well. I don't know if they were mentioned by my colleague.

[Peter Fragiskatos, Liberal, London North Centre, ON]

Okay. I didn't see the underlines there. That's fine.

[The Chair, Liberal, Bob Nault]

Go ahead and read it, Mr. Fragiskatos.

[Peter Fragiskatos, Liberal, London North Centre, ON]

Sure. All of that applies. If we can go back and change it, that's great.

As for proposed paragraph 9(2)(b), the amendment is the following:

(b) if he or she is not so satisfied, provide a notice to the applicant of his or her determination.

[The Chair, Liberal, Bob Nault]

You've heard the amendment to clause 9.

(Amendment agreed to [See Minutes of Proceedings])

(Clause 9 as amended agreed to)

(On clause 10)

[Peter Fragiskatos, Liberal, London North Centre, ON]

I move that Bill S-226in clause 10 be amended by (a) replacing lines 26 on page 7 with the following, under “Reasonable expenses”, in subclause 10(1) the term “A foreign national” should be included.

Further down the page, under “Delay”, I'll read in the full change:

The Minister must make a decision on the application and, if applicable, issue a certificate within 90 days after the day on which the application is received.