Human Resources Committee on Feb. 15th, 2007

[The Chair, Conservative, Dean Allison]

No.

Mr. Savage has moved that we adjourn for today.

(Motion negatived)

[The Chair, Conservative, Dean Allison]

Okay, we will continue, then.

Mr. Silva, circulate the motion, please.

[The Chair, Conservative, Dean Allison]

Okay, if we could call everyone back to order here, what I ask Mr. Silva to do is to read the amendment into the record, please.

[Mario Silva, Liberal, Davenport, ON]

Thank you, Mr. Chair.

I move that Bill C-257 in clause 2 be amended by replacing lines 6-10 on page 3 with the following:

(2.4)(a) The Board, in response to an application from any trade union, employer, association or the minister, may amend any agreement or order established under section 87.4 of the Canada Labour Code to ensure the continued delivery of essential services and maintenance of activities and the Board will render their decision within a reasonable period of time.

(b) Such a decision as noted in this section will have the effect of immediately superseding any previous decision, agreement or order by the Board with respect to section 87.4 of the Canada Labour Code and those employees who are designated as essential resulting from this decision will comply with the decision within a reasonable period of time from the date and time the order is issued.

Mr. Chair, there was a great deal of debate on proposed subsection (2.4) in this committee because there was a great inconsistency between the English and French versions of the subsection. There was also some concern that management was only able to do work in relation to conservation measures. I think (2.3) clarified the one I moved forward, and this would add further clarification.

[The Chair, Conservative, Dean Allison]

Thank you, Mr. Silva.

I'm going to rule this amendment out of order as well.

[Mario Silva, Liberal, Davenport, ON]

Can I challenge you, Chair?

[The Chair, Conservative, Dean Allison]

Most definitely.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

On a point of order, are we debating it first, or is it debatable after? I don't mean your motion that it is out of order; I'm talking about the amendment in general.

[The Chair, Conservative, Dean Allison]

We'll debate that after it's ruled.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

So we're voting to sustain the chair? Okay.

[The Chair, Conservative, Dean Allison]

The vote here is to sustain the decision of the chair, which is that I've ruled the amendment out of order.

(Ruling of the Chair overturned: nays 7; yeas 4)

Okay, my decision has been overturned, so the amendment will stand.

Is there any debate on the amendment? If there's no debate on the amendment, then I call the question. It will be a recorded vote again.

(Amendment agreed to: yeas 7; nays 4)

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

Mr. Chair, can you explain to me the procedure now that the chair's ruling has been overruled? This goes to the House as amended?

[The Chair, Conservative, Dean Allison]

That is correct. And I would suspect that probably the Conservatives will have a point of order with the chair and—

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

Is that possible? Can you ensure me that won't happen?

[The Chair, Conservative, Dean Allison]

No, just as I can't assure you that you're going to catch your flight either.

Mr. Silva.

[Mario Silva, Liberal, Davenport, ON]

Mr. Chair, the only thing that's left is the last.... I guess you want to move part 2.

[The Chair, Conservative, Dean Allison]

We've got the Bloc motion BQ-1, which now can't be put because you have amended the same lines, so it will have to be not moved.

Mr. Lake.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Are we going into clause 3 next? Are we voting on clause 2?

[The Chair, Conservative, Dean Allison]

We're voting on clause 2 as amended.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

I'd like to move a motion after that, but I'll do that.

[The Chair, Conservative, Dean Allison]

All in favour of clause 2 as amended carrying?

[An hon. member]

Recorded vote, please.

[The Chair, Conservative, Dean Allison]

It will be a recorded vote.

(Clause 2 as amended agreed to: yeas 7; nays 4)

[The Chair, Conservative, Dean Allison]

Mr. Lake.

[Mario Silva, Liberal, Davenport, ON]

We haven't finished the bill. Clause 3 needs to be dealt with. I have my amendment that I was going to put forward.