Evidence of meeting #36 for International Trade in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Dennis Seebach  Director, Administration and Technology Services, Department of Foreign Affairs and International Trade
Marc Toupin  Procedural Clerk
Mary McMahon  Senior Counsel, Legal Services Branch, Canada Revenue Agency
Michael Solursh  Counsel, Trade Law Bureau, Department of Foreign Affairs and International Trade
Cindy Negus  Manager, Legislative Policy Directorate, Canada Revenue Agency
Paul Robertson  Director General, North America Trade Policy, Department of Foreign Affairs and International Trade

5:20 p.m.

Conservative

The Chair Conservative Leon Benoit

Okay, Mr. Julian. We'll take that then.

Which way did you cast your vote?

5:20 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

I voted oui, yes.

5:20 p.m.

Conservative

The Chair Conservative Leon Benoit

Okay. That amendment is defeated.

We'll now go to NDP-40. Mr. Julian.

5:20 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Thank you, Mr. Chair.

I move amendment NDP-40.

As with all these other punitive actions, what this does is not allow any appeal after the expiry of 90 days. After notice that the minister has reassessed or confirmed, the assessment is sent to the person under subsection 54(10). It's another punitive component, another draconian aspect to this bill. What we essentially have in the NDP amendment is at least allowing for an expiry of 150 days after notice has been provided. The 90-day notice is too short, as I've mentioned. The 30-day notices are even more absurd.

What are we expecting of our softwood companies--that they simply roll over and allow the government to beat them? Or are we going to provide some tools that balance this off so that the substantial powers that the government is given with softwood companies are balanced off with some rights that softwood companies have to actually make appeals within a reasonable time?

5:20 p.m.

Conservative

The Chair Conservative Leon Benoit

Thank you, Mr. Julian.

Is there anyone else on NDP-40?

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

5:20 p.m.

Conservative

The Chair Conservative Leon Benoit

Shall clause 57 carry?

Mr. Julian.

5:20 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Well, I have another 60 seconds, Mr. Chair, on another important clause that is simply not being given the due diligence that is required in this particular case.

We have clause 57, which subjects the softwood companies to a very short and punitive period, as far as the minister is concerned. Once the minister has made the assessment--we've already seen this in clause 56--we're simply railroading the softwood companies through the process, in the same way we are railroading through this legislation. There is no attempt to provide any checks and balances. What this means, Mr. Chair, is that softwood companies are going to find themselves in horrible situations. I think it's fair to say that the committee members have been well warned about the implications of each of these punitive actions and punitive measures that are being taken in this bill. We have a responsibility to simply make the important changes so that there is some leniency in this bill.

5:25 p.m.

Conservative

The Chair Conservative Leon Benoit

Thank you, Mr. Julian.

On clause 57, is there anybody else?

(Clause 57 agreed to: yeas 9; nays 2)

(On clause 64—Failure to file a return when required)

5:25 p.m.

Conservative

The Chair Conservative Leon Benoit

We have NDP-41, on page 64 of the booklet.

Are you going to move that, Mr. Julian?

5:25 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Thank you, Mr. Chair, for recognizing me. I was waiting for you, of course.

5:25 p.m.

Conservative

The Chair Conservative Leon Benoit

I recognized you eleven seconds ago, Mr. Julian.

5:25 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Actually, you did not, Mr. Chair. You recognized me about five seconds ago.

I will move NDP-41.

Here are more penalties, more punitive actions against softwood companies, more attacks on these mom-and-pop operations that are just trying to create jobs in their communities. What we have is a series of penalties that are imposed by this government on these companies.

Again, as mentioned earlier, we're talking about a series of punitive actions presumably designed to drive the softwood companies out of business. That seems to be the only logic behind this. The amendment would limit the interest penalties to 0.1% of the amount, rather than the punitive percentage that's there in the administration and enforcement.

5:25 p.m.

Conservative

The Chair Conservative Leon Benoit

Thank you, Mr. Julian.

Is there anyone else on the NDP-41 proposed amendment?

We'll go to the vote then.

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

5:25 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

It's too bad, because we were starting to see a trend emerge. I will reinstate that trend by voting in favour, Mr. Chairman.

5:25 p.m.

Conservative

The Chair Conservative Leon Benoit

Shall clause 64 carry?

Yes, Mr. Julian.

5:25 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

I very much appreciate Mr. Temelkovski's vote and Mr. Paquette's half vote; it gives me hope.

The fact is that penalties are provided for under clause 64 that are completely unjustified from a legislative standpoint, given that Canada won. So, companies should not be required to pay any amount of money. In my opinion, all the penalties provided for under this Bill are inappropriate. Committee members should consider that, as responsible parliamentarians, and lower these charges — indeed, all the charges and penalties included in this legislation. We have a responsibility to do that. What we are seeing now are all the penalties being imposed here, in addition to everything else we have already seen and that we will be seeing in the course of this evening or tomorrow morning. That obviously includes the 18 month prison term that the government wants to impose, as well as all the other measures we will be discussing at another session.

5:30 p.m.

Conservative

The Chair Conservative Leon Benoit

Thank you, Mr. Julian.

Is there any more debate on clause 64?

(Clause 64 agreed to: yeas 7; nays 2)

5:30 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

A point of order, Mr. Chair.

November 7th, 2006 / 5:30 p.m.

Conservative

The Chair Conservative Leon Benoit

Yes, Mr. Julian.

5:30 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

I would like to request the suspension of the committee, given that we have a series of important votes to participate in.

5:30 p.m.

Conservative

The Chair Conservative Leon Benoit

Thank you for your cooperation, Mr. Julian.

We will suspend until immediately after the votes.

6:44 p.m.

Conservative

The Chair Conservative Leon Benoit

Mr. Julian, I do have some comments...go ahead, Mr. Julian.

6:44 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

I'd like to move, Mr. Chair, that we adjourn the proceedings this evening at 8 p.m.

6:44 p.m.

Conservative

The Chair Conservative Leon Benoit

Will we be finished at 8 p.m., Mr. Julian?

6:44 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Well, what I'm suggesting is that we adjourn the proceedings at 8 p.m., Mr. Chair.