Natural Resources Committee on Dec. 6th, 2007

[Dave McCauley]

If an incident occurred in the United States and damage was suffered in Canada, we wouldn't have a tribunal to handle the question. Only cases concerning incidents occurring in Canada are heard.

[The Chair, Conservative, Leon Benoit]

Thank you.

We will now go to the question on the NDP amendment to clause 37.

(Amendment negatived)

(Clause 37 agreed to)

(On clause 38--Members of Tribunal)

[The Chair, Conservative, Leon Benoit]

Is there any discussion on clause 38?

Mr. Bevington.

[Dennis Bevington, NDP, Western Arctic, NT]

This is another amendment that we forwarded.

I move that Bill C-5, in clause 38, be amended by replacing line 11 on page 12 with the following:

who shall select from among themselves a person who shall act as the

This is to change the designation of how the chairperson is to be chosen for the tribunal.

[The Chair, Conservative, Leon Benoit]

How does that amendment fit in there?

We will read subclause 38(1) in English as it is proposed to be amended, and we'll rely on translation to give the French version, unless there is a further need. Let's just go ahead in English, slowly.

Madame DeBellefeuille.

[Claude DeBellefeuille, Bloc, Beauharnois—Salaberry, QC]

Mr. Chairman, this isn't a translation I'm hearing, but an interpretation. If I have to take a position on the amendment, I'd like it to be read in my language. I shouldn't have to repeat this every time an amendment is introduced. I can't vote on the basis of an interpretation. I think I have a right to have the French version of the amendment read to me. How can I take a position on an interpretation. I don't want to get angry, but I believe I'm about to.

[The Chair, Conservative, Leon Benoit]

Madame, the fact is that at clause-by-clause like this, there is no requirement for these amendments to come in both languages.

Some of these we have in both languages. When we have them in both languages to accommodate, absolutely we'll read them in both languages. But you must understand that it isn't a requirement. It's not like other motions brought before the committee, just so that you understand that.

We will certainly accommodate. You have every right to know what you're voting on before you vote.

Yes, Madame DeBellefeuille.

[Claude DeBellefeuille, Bloc, Beauharnois—Salaberry, QC]

Do you want me to tell you what I understand about this situation? I believe that the NDP is being disrespectful toward me, being a unilingual Francophone. I find that unjustifiable and unacceptable. The Bloc Québécois has taken the trouble to work on the amendments and to table them in both official languages.

[The Chair, Conservative, Leon Benoit]

We will go to the amendment. The clerk could read it in both official languages, the NDP amendment to clause 38.

We're trying to accommodate getting these. Of course, these were just received early this morning. Every party has a copy now, so can we work with that?

I'll just wait a minute or two until you have time to look at them.

Yes, Mr. Harris.

[Dick Harris, Conservative, Cariboo—Prince George, BC]

This is a point of order. I would add my comments to what Madame DeBellefeuille said. While it's not a requirement, as you have aptly pointed out, I believe she has an excellent point and that in this case—in every case—we should do whatever we have to do that is proper to provide the appropriate translation for the members who are sitting around the table.

If, for example, something were presented in French only, notwithstanding that there might be an English translation, I would feel uncomfortable not having an English translation in front of me, because I'm unilingually English. So I sympathize and I support Madame DeBellefeuille's concerns.

[The Chair, Conservative, Leon Benoit]

That's fully understood, Mr. Harris, and agreed.

Let's go ahead, then, with the vote on the NDP amendment to clause 38.

(Amendment negatived)

(Clause 38 agreed to)

(Clauses 39 to 43 inclusive agreed to)

(On clause 44--Hearings)

[The Chair, Conservative, Leon Benoit]

Mr. Bevington.

[Dennis Bevington, NDP, Western Arctic, NT]

There is an amendment in front of you in both official languages on clause 44 that I'd like to present. If you want me to read it into the record, I will try to do that in.... If it's not required, though, the clause is in front of you—

[The Chair, Conservative, Leon Benoit]

Mr. Bevington, just for clarity, could you read the reference number at the top of any of these amendments right at the start so that everyone is on the same amendment? The reference number is in the upper left-hand corner of the sheet.

[Dennis Bevington, NDP, Western Arctic, NT]

It's 3176582.

[The Chair, Conservative, Leon Benoit]

All right.

Mr. Anderson.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

We're going to oppose the amendment. I think clause 45 covers this, because it gives the tribunal the powers of a superior court. I think this is unnecessary.

[The Chair, Conservative, Leon Benoit]

Okay, Mr. Anderson.

Is there any further discussion?

(Amendment negatived [See Minutes of Proceedings])

(Clause 45 agreed to)

[The Chair, Conservative, Leon Benoit]

Oh, my apologies; we'll go back to clause 44. The amendment was defeated, but we did not vote on the clause.

(Clause 44 agreed to)

(Clause 46 agreed to)

(On clause 47--Frivolous or vexatious claims)

[The Chair, Conservative, Leon Benoit]

Mr. Bevington.

[Dennis Bevington, NDP, Western Arctic, NT]

I have an amendment here, Mr. Chairman, number 3176971.

[The Chair, Conservative, Leon Benoit]

The reference number, again, is in the upper left-hand corner.

Is there any discussion?

Mr. Bevington, go ahead.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Chair, this changes this clause to ensure that the claim is heard before a decision is made as to whether it's vexatious or frivolous. If you don't hear the claim, how can you make the judgment of its nature?

[The Chair, Conservative, Leon Benoit]

Could we have the witnesses respond to that? Who would like to do that?

I understand you're just trying to get a clear picture of what you will be responding to here.

[Dave McCauley]

Is it clause 47 we're talking about?