International Trade Committee on Nov. 7th, 2006

[The Chair, Conservative, Leon Benoit]

Thank you, Mr. Julian. We have that.

Is there anybody else on the NDP subamendment? No?

We'll go to a vote on the subamendment.

(Subamendment negatived: nays 10; yeas 1)

[The Chair, Conservative, Leon Benoit]

We now go to G-6.

Mr. Julian, do you want to speak to that?

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you very much, Mr. Chairman. In terms of changing the current wording, which is “Le ministre peut faire droit à la demande” to “Le ministre peut recevoir la demande”, the question is whether that is the equivalent of the wording in the English version. We have to determine whether the French and English versions are equivalent. That is really important. The English version reads as follows:

“The Minister may accept an application even if it was not made in accordance with subsection (3).”

In French it says: “ le ministre peut [...] ”. If you read the proposed amendment, it says: “ Le ministre peut recevoir la demande qui n'a pas été faite en conformité avec le paragraphe (3) »”

In my opinion, when you read the original version which says: “Le ministre peut faire droit à la demande”, it is quite clear that is not the proper wording. In other words the French and English versions do not jibe...

[The Chair, Conservative, Leon Benoit]

Thank you, Mr. Julian; your time is up.

Is there anybody else on the government amendment 6?

We'll go to the vote on government amendment 6

(Amendment agreed to: yeas 11; nays 0) [See Minutes of Proceedings]

[The Chair, Conservative, Leon Benoit]

We'll now go to NDP-37, on page 60 of the amendment booklet.

Go ahead, Mr. Julian, one minute.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Sixty seconds, Mr. Chair, thank you very much. Sixty seconds. I appreciate the opportunity to speak for a brief sixty seconds on what is in clause 55.

Now I'm moving NDP amendment 37, which would extend the application period for those who have the ability to object to whatever assessment the minister makes. The amendment would change the assessment application period from within one year, which is punitive, when we see how these softwood companies are dealing with the immense administrative load that this act is imposing on them, and would extend it from one year to two years.

This is extremely important, Mr. Chair, because essentially what we have is a series of punitive bills, punitive assessments, all of which fall on softwood companies.

[The Vice-Chair, Liberal, Lui Temelkovski]

Thank you very much, Mr. Julian. Your time is up on that.

Is there any other debate?

I call the vote on NDP-37.

(Amendment negatived: nays 9; yeas 1) [See Minutes of Proceedings]

[The Vice-Chair, Liberal, Lui Temelkovski]

Shall clause 55 carry as amended?

Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you very much, Mr. Chair. I appreciate the opportunity to talk to clause 55, which we seem to be willing to adopt regardless of the consequences.

Sixty seconds. It's a sixty-second move on objections to an assessment.

What softwood companies are going to be caught in is this appallingly severe net that is being constructed by the Minister of International Trade. For the assessment, we haven't seen a really valid appeal period--it's a very short period of time--for softwood companies that are endeavouring to keep up with the administrative burden as well as all of the punitive taxes and keep their doors open as a result of this particular agreement. And what we are doing in the agreement and the bill is punishing them yet again, ensuring that they can't make the application if it goes on one year beyond the assessment date.

What a ridiculous concept, Mr. Chair, that these companies that have given so much and that have borne the brunt of the softwood fight on their own do not have any opportunities--

[The Vice-Chair, Liberal, Lui Temelkovski]

Thank you very much, Mr. Julian; your time is over.

Is there any other debate?

I'll call the vote.

(Clause 55 as amended agreed to: yeas 10; nays 1)

(On clause 56--Extension of time by Tax Court of Canada)

[The Chair, Conservative, Leon Benoit]

We now go to clause 56 and amendment NDP-38. It is on page 61 of the booklet.

Go ahead, Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you, Mr. Chair.

I move amendment NDP-38. Here again we have a punitive appeal process. This committee has refused in any way to make things a little more livable, to make this a little more business-viable for softwood companies. This crushing burden is being imposed by members of this committee, something that I think would surprise and dismay softwood companies.

One of the punitive aspects is for appeals under clause 55. What we see here is that no application for the appeal may be made after the expiry of 30 days after the decision referred to in subclause 55(5) was mailed to the person. The application is sent, and the decision is mailed to the person at who-knows-where in Canada. Certainly I think we can allow a week to two weeks; then they have a few scant days to turn around to file an application for appeal. It is incredible, Mr. Chair.

The amendment that I have moved makes that expiry 90 days after the decision referred to, and does not base it--

[The Chair, Conservative, Leon Benoit]

Thank you, Mr. Julian.

Does anyone else want to speak to amendment NDP-38? No?

We'll go to the vote.

(Amendment negatived: nays 8; yeas 2) [See Minutes of Proceedings]

[The Chair, Conservative, Leon Benoit]

Now we go to asking if clause 56 shall carry.

Go ahead, Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you very much, Mr. Chair.

We're refusing even to provide a 90-day period for the appeal process. We're refusing even that. The application--it is simply imposed upon the softwood company, the softwood person, 30 days after it's mailed to them. Goodness knows when they receive it if there's a long weekend or if it's mailed across the country. It doesn't say where it's mailed from, but it's often from Ottawa to Vancouver. If you're in northern British Columbia, we could be talking about a week and a half. We have imposed on these companies a scant week--two weeks, maybe--to make their application to appeal.

It is absolutely irresponsible, Mr. Chair--there's no other word for it--that we would put into place legislation that we know is going to impose penalties that are beyond belief to these softwood companies. All they wanted to do was sell their product, and they're not going to be permitted to do even that.

[The Chair, Conservative, Leon Benoit]

Thank you, Mr. Julian.

Is there anyone else on clause 56?

Then we'll go to the vote on clause 56.

(Clause 56 agreed to: yeas 9; nays 2)

(On clause 57--Appeal to Tax Court of Canada)

[The Chair, Conservative, Leon Benoit]

We shall go to amendment NDP-39 on clause 57. It is page 62 of the amendment booklet.

Go ahead, Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Chair, I move amendment NDP-39.

Again, what we have here are very egregious and severe penalties and impositions on softwood companies. I can't understand why the committee is going down this road of punishing softwood companies for simply wanting to sell softwood lumber. It is beyond belief what is transpiring here.

Amendment NDP-39 actually shortens the period that would allow the notice of objection to an assessment to be appealed to the Tax Court of Canada. We are endeavouring to make it an easier burden on these softwood companies that are being punished by the minister for owing as much as $2.50, Mr. Chair. For owing as much as $2.50, the whole process starts. We haven't even provided the ability for the minister, for amounts of over $2, to simply waive them. This is absurd.

[The Chair, Conservative, Leon Benoit]

Thank you, Mr. Julian.

Does anyone else want to speak to NDP-39?

We'll go to the vote.

(Amendment negatived: nays 9; yeas 2) [See Minutes of Proceedings]

[The Chair, Conservative, Leon Benoit]

Mr. Julian, your time is up. That was an extension.

We'll go now to amendment NDP-40.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

On a point of order, Mr. Chair, I don't understand the problem with the microphone. I voted again.

[The Chair, Conservative, Leon Benoit]

Did you?

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Yes, I did. I vote every time.

[The Chair, Conservative, Leon Benoit]

Mr. Julian, if you could speak up for the vote, we'd appreciate it very much.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Well, the microphone is on. I speak right into it.