Foreign Affairs Committee on June 22nd, 2017

[The Chair (Hon. Robert Nault (Kenora, Lib.)), Liberal, Bob Nault]

Colleagues, I want to bring this meeting to order.

This is meeting 69 of the Standing Committee on Foreign Affairs and International Development. Pursuant to the order of reference of Tuesday, June 13, 2017, we are considering Bill S-226, an act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act.

This morning, colleagues, I first want to acknowledge Senator Andreychuk, the sponsor of this bill in the Senate, and Mr. James Bezan, the sponsor in the House of Commons. Later on in the process, Mr. Bezan will get an opportunity to speak to his bill as we go through the process of clause-by-clause.

Many of you have been through this process before. If not, unfortunately the chair does more talking than he normally does just to go through the clauses. There are some amendments that I understand the government will be putting forward. They are listed for you, and we'll go through those as well.

The process of clause-by-clause is that we will go through the clauses, and they will be carried either as amended or as intended, until we get to the end of the bill. I will be able to sign this to go back to the House, through special order, for tomorrow. Later on today, if we get this done, I will be able to send it to the House. That's the objective of this exercise, as per the motion passed yesterday, I think, by the House leader.

We will now begin our clause-by-clause consideration.

Pursuant to Standing Order 75(1), the consideration of clause 1, which is the short title, and the preamble is postponed until the end.

(On clause 2)

Clause 2 has five amendments.

I will turn to floor over to Mr. Fragiskatos for those amendments to clause 2.

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

Thank you very much, Mr. Chair.

Before I read the amendment, I simply want to say, since I hope this is the last meeting the committee will have before the fall—Tom, we can come back, if you like, although I might not be here—that this bill has been, in all honesty, a real collaborative effort. We do disagree in this committee. We certainly disagree in the House of Commons. That is just part of politics, but any time you can work collaboratively with colleagues and find a common path, as we've done here, I think it's something to be celebrated.

Mr. Chair, you mentioned Senator Andreychuk. I too want to acknowledge Senator Andreychuk, who may or may not be in the room. Regardless, it's important for me to do that. This is a real testament to her interest in human rights.

Of course, I also want to acknowledge the efforts of Irwin Cotler, responsible for putting forward the bill to begin with a number of years ago.

That said, I will read the first Liberal amendment. I propose that Bill S-226 in clause 2 be amended by replacing line 6 on page 3 with the following:

Definitions

2 The following definitions apply in this Act.

[The Chair, Liberal, Bob Nault]

You heard the amendment. Is there any discussion?

(Amendment agreed to)

Please read your second amendment.

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

I move that Bill S-226 in clause 2 be amended by adding after line 17 on page 3 the following:

foreign public official has the same meaning as in section 2 of the Corruption of Foreign Public Officials Act. (agent public étranger)

[The Chair, Liberal, Bob Nault]

You heard the amendment. Is there any debate?

(Amendment agreed to)

We'll go to amendment three, please.

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

I propose that Bill S-226 in clause 2 be amended by deleting lines 6 and 7 on page 4.

(Amendment agreed to)

[The Chair, Liberal, Bob Nault]

We're on amendment LIB-4.

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

I propose that Bill S-226 in clause 2 be amended by replacing, in the French version, line 34 on page 3 with the following:

étranger Individu autre :

[The Chair, Liberal, Bob Nault]

We have heard the amendment, and there is no discussion.

(Amendment agreed to)

We are on amendment LIB-5.

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

I propose that Bill S-226 in clause 2 be amended by deleting lines 8 to 10 on page 4.

[The Chair, Liberal, Bob Nault]

We have heard amendment LIB-5 on clause 2, and there is no further discussion.

(Amendment agreed to)

Thank you.

(Clause 2 as amended agreed to)

(Clause 3 agreed to)

(On clause 4)

Are there no amendments?

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

Yes, there are, Mr. Chair.

I propose that Bill S-226 in clause 4 be amended by (a) replacing lines 13 to 15 on page 4 with the following:

Orders and regulations

4 (1) The Governor in Council may, if the Governor in Council is of the opinion that any of the circumstances described in subsection (2) has occurred,

I also propose that clause 4 be amended by (b) replacing lines 18 and 19 on page 4 with the following:

referred to in subsection (3) in relation to a foreign national that the Governor in Council considered

I also propose (c) replacing line 29 on page 4 with the following.... I'm guessing at the photocopying here.

[The Chair, Liberal, Bob Nault]

You don't have to read that.

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

Okay.

I propose that the word “state” be included.

I propose replacing lines 31 and 32 on page 4 with the following—

[The Chair, Liberal, Bob Nault]

Generally, we do one amendment at a time. Is that the first amendment?

Okay, keep going, Peter.

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

As I said, I propose replacing lines 31 and 32 on page 4 so that “foreign public” is included in the line “to expose illegal activity carried out by foreign public officials”.

I propose replacing lines 8 to 16 on page 5 so that line 8 includes “foreign public” and the word “an”; line 9 includes “misappropriation”; line 10 includes “states” along with “any act of”; line 11 includes “which amounts to acts of”; line 12 includes “corruption when taking into consideration, among other things, their impact” and “amounts involved”; lines 13 includes “foreign national's influence”, the word “position”, the word “authority'', the word “complicity”, and “the government of the foreign state in question in the acts”.

Finally, I propose replacing lines 21 to 24 on page 5 with the following:

Restricted or prohibited activities

(3) Orders and regulations may be made under para-

Then it stops.

[The Chair, Liberal, Bob Nault]

Thank you. You have heard the fairly extensive amendment.

(Amendment agreed to [See Minutes of Proceedings])

We are on the next amendment.

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

I propose that Bill S-226 in clause 4 be amended by replacing lines 36 and 37 on page 5 to include the words “any other”, “to, for the benefit of or on the direction or order”.

I can read the whole thing, but perhaps this is more efficient.

[The Chair, Liberal, Bob Nault]

No. That's good.

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

Okay.

[The Chair, Liberal, Bob Nault]

I think everyone has a copy of these. Is everyone following along all right?

Continue.

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

There is a proposed paragraph 4(4)(e), Mr. Chair, such that the following text be added, “the making available by any person in Canada or Canadian outside Canada of any” and it continues, “to the foreign national or to a person acting on behalf of the foreign national.”

[The Chair, Liberal, Bob Nault]

Thank you.

In hearing this amendment, if there's no discussion, it's approved.

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

There is one more proposed paragraph 4(4)(d):

(d) the acquisition by any person in Canada or Canadian outside Canada of financial services or any other services for the benefit of or on the direction or order of the foreign national; and

(e) the making available by any person in Canada or Canadian outside Canada of any property, wherever situated, to the foreign national or to a person acting on behalf of the foreign national.

[The Chair, Liberal, Bob Nault]

Okay. We've already moved that.

(Amendment agreed to [See Minutes of Proceedings])

The next one, please.