Evidence of meeting #40 for Foreign Affairs and International Development in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was mcpherson.
A video is available from Parliament.
NDP
Liberal
The Chair Liberal Ali Ehsassi
Okay, we will have a recorded vote.
(Amendment negatived: nays 9; yeas 2)
(Clause 14 agreed to on division)
(Clauses 15 to 17 inclusive agreed to)
We now go to clause 18.
Ms. McPherson, I understand you want to move an amendment.
NDP
Heather McPherson NDP Edmonton Strathcona, AB
Thank you, Mr. Chair.
While I would really like to read this amendment, as you can tell, my voice is not going to make it.
November 28th, 2022 / 4:35 p.m.
Conservative
Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB
I'm sorry, just a point of order. According to my sheet, the new proposed clause is 18.1, which is after clause 18, so we need to consider clause 18.
I'm sorry to interrupt.
Liberal
John McKay Liberal Scarborough—Guildwood, ON
As well, as a point of order, after Ms. McPherson presents her amendment, I'd like to hear from the clerk, through you, of course, Mr. Chair, on whether this amendment can stand.
Liberal
The Chair Liberal Ali Ehsassi
Okay.
Let's step back. Shall clause 18 carry?
(Clause 18 agreed to)
Insofar as new clause 18.1 is concerned, I'm not quite sure whether Ms. McPherson would like to move it, but it does appear that it is beyond the scope of this particular bill.
NDP
Heather McPherson NDP Edmonton Strathcona, AB
Mr. Chair, could you explain your rationale for that, please?
Liberal
The Chair Liberal Ali Ehsassi
Absolutely.
Bill S-211 enacts the fighting against forced labour and child labour in supply chains act, which imposes on certain private sector entities an obligation to report on the measures they take to prevent and reduce the risk that forced labour or child labour is used by them or in their supply chains. It allows the minister to order an entity to comply with its reporting obligations, based on information obtained through a search. Amendment NDP-5 seeks to add a mechanism for complaints and investigations regarding the use of forced labour or child labour in an entity's activities or supply chains, which is not envisioned in the bill as adopted by the House at second reading.
Once again, as House of Commons Procedure and Practice, third edition, states specifically on page 770, “An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”
Therefore, in my opinion, it is beyond the scope.
Liberal
Liberal
The Chair Liberal Ali Ehsassi
Thank you very much, Ms. McPherson.
(Clauses 19 to 21 inclusive agreed to)
Bloc
Stéphane Bergeron Bloc Montarville, QC
Doesn't 18.1 have to be carried before we move on to clause 19?
Liberal
The Chair Liberal Ali Ehsassi
I'm advised here that it's not necessary, actually, because it's a new clause and it was defeated.
We now go to new clause 21.1.
Ms. McPherson, I understand that you'd like to move an amendment.
NDP
Heather McPherson NDP Edmonton Strathcona, AB
Yes. This one is very short, so I think I can get through it. As well, I strongly hope that some of my colleagues will be voting with me on this amendment.
This is an amendment that came by SHARE, the Shareholder Association for Research & Education. It would amend Bill S-211 by adding after line 34 on page 10 the following new clause:
21.1 If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
Bill S-211's current fines for non-compliance, of $250,000, are not likely to be sufficient in ensuring compliance, particularly among large corporations. Therefore, this amendment ensures that fines will be made on a continuing basis, as is the case with the Extractive Sector Transparency Measures Act, a similar piece of reporting legislation.
Thank you.
Liberal
John McKay Liberal Scarborough—Guildwood, ON
As sympathetic as I might well be in ordinary circumstances to Ms. McPherson's amendment here—and disagreeing with my colleague from the Bloc, though understanding what he is saying—I would urge colleagues to defeat this amendment, because if this amendment goes forward, the bill goes back to the Senate.
I wish it were not true, but it's the simple truth. Any amendment will send the bill back to the Senate and put it at risk.
NDP
Heather McPherson NDP Edmonton Strathcona, AB
Once again, I just have to say that this is not a thing we should be taking so lightly. We should not be looking at the fact that we do our due diligence on legislation and thinking of it as an inconvenience.
If this is amended, it will go back to the Senate. My goodness, the Senate has already moved it to us. I'm sure they will look at this very common-sense amendment as being a very important way that we can strengthen this bill and they'll send it back to us.
The fact of the matter is that it minimizes our role as parliamentarians and as committee members when we look at legislation and rubber-stamp it because we're not interested in going through the trouble of fixing it, because we're worried that our legislative calendar won't allow for it. It undermines my role as a parliamentarian and it undermines the role of all of us as parliamentarians when we don't look at legislation seriously and think about the process by which it comes forward.
Liberal
The Chair Liberal Ali Ehsassi
Thank you very much, Ms. McPherson.
Not seeing any further interventions, shall NDP-6 carry?
(Amendment negatived: nays 9; yeas 2)
(Clause 22 agreed to)
We now go to clause 23. I have an inkling that Ms. McPherson has an amendment.
NDP
Heather McPherson NDP Edmonton Strathcona, AB
I do not, Mr. Chair, unfortunately, because NDP-1 was defeated.
(Clause 23 agreed to)
(Clauses 24 to 28 inclusive agreed to)