Debates of Oct. 15th, 2004

Remembrance Day National Flag Act

[Peter Stoffer, NDP, Sackville—Eastern Shore, NS]

moved for leave to introduce Bill C-210, an act requiring the national flag of Canada to be flown at half-mast on Remembrance Day.

Mr. Speaker, as we near Remembrance Day, this is a particular bill all members of Parliament of all political stripes can look at very quickly and pass almost immediately. It would require that every Canadian flag on every federal building in the country should be lowered to half-mast for the entire day on Remembrance Day, November 11, to show dignity and respect for our brave fallen in the many battles throughout the years.

(Motions deemed adopted, bill read the first time and printed)

Canadian Bill of Rights

[Peter Stoffer, NDP, Sackville—Eastern Shore, NS]

moved for leave to introduce Bill C-211, an act to amend the Canadian Bill of Rights (right to housing).

Mr. Speaker, this particular bill is quite simple. It is to amend the Canadian Bill of Rights to ensure that proper housing at a reasonable cost and free of unreasonable barriers be available for all Canadians.

In a country that is this wealthy it is a sin that we have people sleeping on the streets. Our seniors and other people are finding it very difficult to maintain their own homes in the present times. I think the government should work with the provinces and municipalities, and work with everybody to ensure that every Canadian has the right to a safe and affordable home.

(Motions deemed adopted, bill read the first time and printed)

Nuclear Amendment Act, 2004

[Dave Chatters, Conservative, Westlock—St. Paul, AB]

moved for leave to introduce Bill C-212, an act to amend the Nuclear Energy Act and the Nuclear Safety and Control Act.

Mr. Speaker, this is a re-introduction of a bill that I introduced in previous Parliaments. It is simply to split the responsibility for Atomic Energy Canada Ltd. and the Canadian Nuclear Safety Commission into two ministries instead of one.

In my opinion, and that of many others, there is clearly a conflict of interest that one minister is both the marketer and the public safety supervisor of the nuclear industry.

(Motions deemed adopted, bill read the first time and printed)

Marriage Act

[Dave Chatters, Conservative, Westlock—St. Paul, AB]

moved for leave to introduce Bill C-213, an act to protect the institution of marriage.

Mr. Speaker, this particular bill is an essential step in upholding the promise that Parliament made in 1999 to protect marriage, and that the Liberals campaigned on in the 2000 election.

It provides an opportunity to revisit the tie vote that occurred in the House during the 37th Parliament as the bill does not contain the notwithstanding clause.

The law that was recently struck down in the Ontario Court of Appeal was a common law definition. It was the deliberate inaction on the part of the Liberals that allowed us to arrive at the chaotic situation in which we now find ourselves, with traditional marriage being the law of the land in most provinces but not all provinces.

Had the Liberal government appealed the Ontario decision to the Supreme Court there is every reason to believe, based on past decisions, that the Supreme Court would have found this definition constitutional.

Finally, and more importantly, the bill also notes that the provinces have the jurisdiction to provide an appropriate legal recognition to relationships outside marriage.

(Motions deemed adopted, bill read the first time and printed)

Income Tax Act

[Dave Chatters, Conservative, Westlock—St. Paul, AB]

moved for leave to introduce Bill C-214, an act to amend the Income Tax Act and the Income Tax Regulations (public safety occupations).

Mr. Speaker, in the budget plan of 2003, the finance minister increased the maximum pension accrual rate for firefighters from 2% to 2.33%. Historically, police officers, corrections officers, air traffic controllers and commercial airline pilots have been provided the same consideration under the income tax regulations as firefighters.

This private member's bill seeks to provide equal benefit for all individuals who work in public safety occupations. It would allow police officers, corrections officers, air traffic controllers and commercial airline pilots to receive the same pension benefits as firefighters.

Individuals who work in these important public safety professions endure long hours and stressful working conditions to give us the freedom to live our lives with minimal concern. It is because of this important contribution made by these workers that I believe they should be treated equally under the law.

(Motions deemed adopted, bill read the first time and printed)

Petitions

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I have two petitions to present. The first is on the subject matter of same-sex marriage.

The petitioners want to remind Canadians that on June 10, 2003, the Ontario Court of Appeal ruled that same-sex couples must have the legal right to marry. They also wanted to point out that under the current Constitution the provinces and the federal government can invoke the notwithstanding clause, section 33, to override the charter by passing legislation acknowledging the override.

The petitioners call upon Parliament to invoke the notwithstanding clause and pass a law so that only two persons of the opposite sex can be married.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, the second petition is with regard to stem cells, a matter close to my heart.

The petitioners draw to the attention of the House that Canadians support ethical stem cell research which has already shown encouraging potential for the cures and therapies necessary for Canadians. They also want to point out that non-embryonic stem cells, which are also known as adult stem cells, have shown significant progress without the immune rejection problems or the ethical problems.

The petitioners call upon Parliament to focus its legislative support on adult stem cell research.

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, I have a petition from 158 fine folk from Sudbury, Ontario. It is entirely in the French language. The petitioners call upon Parliament to support the traditional heterosexual, historic and sacred definition of marriage.

[Jay Hill, Conservative, Prince George—Peace River, BC]

Mr. Speaker, I rise again today to present to the House another petition from the residents of Mackenzie, British Columbia, calling upon Parliament to reinstate their eligibility for the northern residents tax deduction.

This week alone I have tabled petitions on this issue with a total of 2,112 signatures, an impressive number given that Mackenzie's total population, including children, is just over 6,000. It is outright discrimination that has prompted my constituents to so strongly exercise their democratic voice. If the government is listening, it should immediately restore Mackenzie's eligibility for the northern residents tax deduction.

[Jay Hill, Conservative, Prince George—Peace River, BC]

Mr. Speaker, I have a second petition this afternoon from Canadian citizens residing in Burnaby, New Westminster, Surrey and Vancouver, British Columbia. These petitioners note that on base housing serves a valuable purpose by allowing Canadian Forces families to live in a unique military community, that the housing accommodation provided by the Canadian Forces Housing Agency is in many instances substandard to acceptable living conditions and, further, that CFHA continues to dramatically increase rent for such housing.

Therefore they call upon Parliament to immediately suspend any future rent increases for accommodation provided by the Canadian Forces Housing Agency until such time as the Government of Canada makes substantive improvements to the living conditions in housing provided for our military families.

Questions on the Order Paper

[Raymond Simard, Liberal, Parliamentary Secretary to the Deputy Leader of the Government in the House of Commons]

Mr. Speaker, I ask that all questions be allowed to stand.

[The Speaker]

Is that agreed?

[Some hon. members]

Agreed.

The House resumed consideration of the motion that Bill C-6, an act to establish the Department of Public Safety and Emergency Preparedness and to amend or repeal certain Acts, be read the second time and referred to a committee.

Department of Public Safety and Emergency Preparedness Act

[The Speaker]

Is the House ready for the question?

[Some hon. members]

Question.

[The Speaker]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

(Motion agreed to, bill read the second time and referred to a committee)

[The Speaker]

Accordingly, the bill stands referred to the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness.

Canada Shipping Act

[Pierre Pettigrew, Liberal, for the Minister of Transport]

moved that Bill C-3, an act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act, be read the second time and referred to a committee.

[Jim Karygiannis, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I am pleased to rise today to present the House with Bill C-3, an act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act.

Under the auspices of securing Canada's public health and safety, the Prime Minister announced on December 12, 2003, that the government would be:

rationalizing responsibility for marine safety and security policy under the Minister of Transport to consolidate responsibility for security in all transportation sectors and creating the Coast Guard as a special operating agency in the Fisheries and Oceans department.

On the same day, the governor in council transferred certain parts of the Department of Fisheries and Oceans to the Department of Transport. Specifically, all Canadian Coast Guard policy responsibilities and certain operational responsibilities relating to pleasure craft safety, marine navigation services, pollution prevention and response, and navigable waters protection were transferred to Transport Canada. This step was taken to provide Canadians with a single point of contact for policy issues associated with marine safety and security.

The policy responsibilities transferred to Transport Canada include the development and management of legislation, regulations, standards and guidelines. Certain operational and program responsibilities associated with these policy responsibilities have been transferred to Transport Canada, including, among others, boating safety promotion and awareness programs.

On March 29, 2004, an additional order in council clarified the original transfer of authorities on December 12, 2003.

In response to this announcement, Bill C-3 is a “machinery of government bill” that is essential to carry out the cabinet's decision as it relates to marine safety and security policy.

In order to add greater certainty to this transfer of authorities, amendments to certain provisions of the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act are being proposed in Bill C-3.

The amendments in this bill only transfer to the Minister of Transport roles and responsibilities that would otherwise have been with the Minister of Fisheries and Oceans. The content of the statutes affected by Bill C-3 remains otherwise unchanged and, as such, this bill is considered to be policy neutral. Therefore, there should be no considerations of significance for stakeholders, the environment or international relations.

As previously mentioned, the bill contains proposed amendments to the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act relating to ministerial roles and responsibilities.

At the present time, the Canada Shipping Act confers responsibilities on the Minister of Transport and the Minister of Fisheries and Oceans.

The Canada Shipping Act, 2001, also confers responsibilities on the Minister of Transport and the Minister of Fisheries and Oceans. The CSA 2001 will replace the Canada Shipping Act when it enters into force, which is expected to be in late 2006.

The Canada National Marine Conservation Areas Act confers responsibilities on the Minister of Canadian Heritage and the Minister of Fisheries and Oceans.

The Oceans Act confers responsibilities on the Minister of Fisheries and Oceans. In the past, responsibility for policy relating to marine safety and the protection of the marine environment has been divided between the Minister of Fisheries and Oceans and the Minister of Transport. The transfer of responsibilities on December 12, 2003, makes Transport Canada responsible for marine policy and allows the Coast Guard to focus on marine operations.

It is important to note that the Canada Shipping Act, 2001, was drafted to draw as clear a distinction as possible between the responsibilities of the Minister of Fisheries and Oceans and the Minister of Transport in each part of the act, as the separation of responsibilities has consistently been problematic for both government and stakeholders.

The transfer of authorities in Bill C-3 centralizes the administration of marine safety with Transport Canada and provides the department with the opportunity to become the one-stop shop for marine safety policy and regulations. This consolidation of responsibilities is expected to improve efficiency in both marine policy and operations.

For example, uniting pleasure and commercial vessel safety requirements will promote the harmonization of such requirements. In the area of oil pollution prevention and response, these amendments will reduce the complexity of responsibilities for prevention and response for both shore facilities and vessels.

As previously mentioned, the logic of the Canada Shipping Act, 2001, as drafted, contemplated implementation by two different departments. It conferred different competencies on the respective ministries and departments and enacted different implementation procedures. Transport Canada will now have implementation authority relating to both recreational and commercial vessels.

In conclusion, Bill C-3 has been drafted in response to the announcement on December 12, 2003, so as to: clarify each department's responsibilities resulting from the transfer; consolidate policy responsibility for all aspects of marine safety in one federal organization; improve the responsiveness, coherence and consistency of the marine regulatory framework for Canadians; enhance service delivery in these matters for all stakeholders; ensure that roles and responsibilities of the government remain the same, in whatever department they may be found; preserve the authority of the Department of Fisheries and Oceans to carry out the operational role assigned to it by the orders in council; ensure that the powers, duties and functions transferred from the Minister of Fisheries and Oceans to the Minister of Transport are unambiguous in order to prevent litigation or any contentious issues; and preserve the logic and coherence of the relevant statutes.

Transport Canada's legislative initiatives remain consistent with the overall federal transportation framework, which emphasizes a national vision of safety, security, efficiency and environmental responsibility. The changes introduced in Bill C-3 are changes that marine stakeholders have requested and that are welcomed by the Department of Fisheries and Oceans and the Department of Transport.

In order to effect the transfer of authorities on December 12, 2003, from the Department of Fisheries and Oceans to the Department of Transport, certain provisions of the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act require amendments.

Bill C-3, an act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act, contains the necessary amendments to the statutes. I welcome support for this bill.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, let me congratulate the member on his appointment as the Parliamentary Secretary to the Minister of Transport.

I can tell the hon. member that we on this side welcome the introduction of this bill. It is my understanding it is consistent with some recommendations of members of all parties on the fisheries committee. I look forward to having this bill go to the transport committee.

The hon. member mentioned that this is a bill that has been requested by marine stakeholders. The committee can always decide what witnesses it will call from the industry, but perhaps the parliamentary secretary could confirm for me whether members of the Canadian shipping industry were consulted prior to the orders in council in this particular bill. Were they generally in support of the bill?

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Mr. Speaker, in the consultation that took place we reached out to all stakeholders. We continue to do so through the transport committee. We are looking forward to working not only with the marine stakeholders but with all members of this House and all people concerned in order to make sure that we have a seamless opportunity for Bill C-3 to go forward.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, there have been extensive consultations. It is up to the committee to decide if it would like to have further consultations.

I wonder if the parliamentary secretary could clear up one thing for me. This order in council came into effect on December 12, 2003. He referred to the Prime Minister. I believe on that date we had two prime ministers. That was the date on which the former prime minister from Shawinigan transferred authority over to the new Prime Minister. I wonder if he could tell me which prime minister he was referring to when this order in council was made.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Mr. Speaker, I have no doubt, but I stand to be corrected, that the current Prime Minister was the one who put this forth. I could be mistaken but I am sure it was the new Prime Minister.