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House of Commons Hansard #80 of the 39th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was judiciary.

Topics

Aboriginal AffairsOral Questions

3 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, we all know the Liberal Party's terrible 13 year track record on aboriginal affairs. It left the community of Kashechewan with a myriad of terrible problems, including flooding, tainted water, social problems and violence. Just about everyone would agree that this is a disgraceful legacy of Liberal incompetence.

Can the Minister of Indian Affairs and Northern Development tell the House what Canada's new government has done to address the situation in Kashechewan?

Aboriginal AffairsOral Questions

3 p.m.

Calgary Centre-North Alberta

Conservative

Jim Prentice ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, first I would like to thank Mr. Pope, who has tabled his report, for his integrity and hard work. As one respected commentator here in Ottawa said this morning, this is one of the best reports seen in Ottawa in a long time. It was not written by the Department of Indian Affairs in Ottawa. It was written by Mr. Pope who met and consulted with the people of Kashechewan.

This report provides a road map for the people of Kashechewan. I would emphasize that it will be their choice as to whether they decide to pursue this road or not. However, we will do so in partnership with them. The government intends to leave a legacy of improving the lives of the people of Kashechewan.

PensionsOral Questions

November 9th, 2006 / 3 p.m.

Conservative

Garth Turner Conservative Halton, ON

Mr. Speaker, my question is on behalf of soldiers, firefighters, policemen and others who are forced into an early retirement from their jobs, and it concerns pension splitting.

I could not get an answer to this question from the bureaucrats, so I would like to ask the minister. Will these folks have to wait until they are 65 before they can split income, or will we do the right thing and let them do it now?

PensionsOral Questions

3 p.m.

Whitby—Oshawa Ontario

Conservative

Jim Flaherty ConservativeMinister of Finance

Mr. Speaker, as the member opposite knows, the rules have been set out with respect to income splitting for pensioners and the rules will apply to everyone as they were set out when we announced it on October 31. With respect to extending beyond that, as I have indicated previously to the hon. member, that is something that we can review among many other taxation issues going forward.

Business of the HouseOral Questions

3 p.m.

Liberal

The Speaker Liberal Peter Milliken

This being Thursday, I believe the hon. member for Wascana has a question.

Business of the HouseOral Questions

3 p.m.

Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, with the parliamentary break that is due for next week, I wonder if the government House leader would be kind enough to inform us of his schedule for the rest of today and for tomorrow, and then what he would anticipate for at least the first week back when the House resumes after the Remembrance Day break.

I wonder if he is now in a position to give us any more information about when he would intend to call the measures that the government has indicated it will call, at some point, with respect to same sex marriage.

Business of the HouseOral Questions

3 p.m.

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, we will be calling that debate that the hon. member just mentioned in due course.

Today, we will continue the debate on Bill C-27, the dangerous offenders act.

There is an agreement to complete Bill C-25, proceeds of crime, tomorrow. In a few moments I will be asking the approval of the House for a special order in that regard.

When the House returns from the Remembrance Day break, we intend to call for debate a motion in response to the much anticipated message from the Senate regarding Bill C-2, the accountability act. As well, we hope to complete the report and third reading stages of Bill C-24, the softwood lumber act.

Thursday, November 23 will be an allotted day

I want to inform the House that it is the intention of the government to refer Bill C-30, the clean air act, to a legislative committee before second reading.

Bill C-25--Proceeds of Crime (Money Laundering) and Terrorist Financing ActBusiness of the HouseOral Questions

3:05 p.m.

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, as I said earlier, I have a motion regarding Bill C-25, for which I believe you will find consent. I move:

That, notwithstanding the Standing Orders or usual practices of the House, Bill C-25 be amended as follows: Clause 38 be replaced with the following:

“38. Section 72 of the Act is replaced by the following:

72. (1) Every five years beginning on the day on which this section comes into force, the administration and operation of this Act shall be reviewed by the committee of the House of Commons, of the Senate or of both Houses that is designated or established for that purpose.

(2) Every two years beginning on the day on which this section comes into force, the Privacy Commissioner, appointed under section 53 of the Privacy Act, shall review the measures taken by the Centre to protect information it receives or collects under this Act and shall, within three months after the review, submit a report on those measures to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides without delay after receiving it or, if that House is not then sitting, on any of the first 15 days on which that House is sitting after the Speaker receives it.” and

the motion to concur in the report stage shall be deemed put and adopted; and

when Bill C-25 is called for debate on Friday, November 10, 2006 after no more than one speaker from each of the recognized parties have spoken at the third reading stage, the bill be deemed read a third time and passed; and that after Bill C-25 has been adopted at third reading and provided that routine proceedings has already taken place, the House proceed immediately to private members' business.

Bill C-25--Proceeds of Crime (Money Laundering) and Terrorist Financing ActBusiness of the HouseOral Questions

3:05 p.m.

Liberal

The Speaker Liberal Peter Milliken

The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion?

Bill C-25--Proceeds of Crime (Money Laundering) and Terrorist Financing ActBusiness of the HouseOral Questions

3:05 p.m.

Some hon. members

Agreed.

Bill C-25--Proceeds of Crime (Money Laundering) and Terrorist Financing ActBusiness of the HouseOral Questions

3:05 p.m.

Liberal

The Speaker Liberal Peter Milliken

(Motion agreed to)

(Bill C-25, as amended, deemed concurred in at report stage)

Standing Orders and ProcedureBusiness of the HouseOral Questions

3:05 p.m.

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I believe you will find that there is unanimous consent for a second motion. I move:

That the debate pursuant to Standing Order 51.(1) be deemed to have taken place.

Standing Orders and ProcedureBusiness of the HouseOral Questions

3:05 p.m.

Liberal

The Speaker Liberal Peter Milliken

The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion?

Standing Orders and ProcedureBusiness of the HouseOral Questions

3:05 p.m.

Some hon. members

Agreed.

Standing Orders and ProcedureBusiness of the HouseOral Questions

3:05 p.m.

Liberal

The Speaker Liberal Peter Milliken

(Motion agreed to)

Sittings of the HouseBusiness of the HouseOral Questions

3:05 p.m.

Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, finally, I have a third motion for which I believe you will find unanimous consent. I move:

That, notwithstanding any Standing Order, when the House adjourns on November 29, 2006 it shall stand adjourned until December 4, 2006;

That, notwithstanding Standing Order 54, during the adjournment from November 29, 2006 to December 4, 2006, the time provided for the filing with the Clerk of any notice be no later than 2:00 p.m. on Friday, December 1, 2006; and

That, notwithstanding any Standing or Special Order, there shall be two remaining allotted days in the current supply period, one allotted to the Bloc Québécois and one allotted to the Liberal Party.

Sittings of the HouseBusiness of the HouseOral Questions

3:05 p.m.

Liberal

The Speaker Liberal Peter Milliken

Does the hon. Leader of the Government in the House of Commons have the unanimous consent of the House to move the motion?

Sittings of the HouseBusiness of the HouseOral Questions

3:05 p.m.

Some hon. members

Agreed.

Sittings of the HouseBusiness of the HouseOral Questions

3:05 p.m.

Liberal

The Speaker Liberal Peter Milliken

(Motion agreed to)

Sittings of the HouseBusiness of the HouseOral Questions

3:05 p.m.

Liberal

John Godfrey Liberal Don Valley West, ON

Mr. Speaker, I rise on a point of order. Canada had a climate change plan that would have met 80% of Canada's Kyoto obligations by 2010. It was called project green. I ask for the consent of the House to table this plan in Canada's two official languages.

Sittings of the HouseBusiness of the HouseOral Questions

3:05 p.m.

Liberal

The Speaker Liberal Peter Milliken

Does the hon. member for Don Valley West have the unanimous consent of the House to table this document?

Sittings of the HouseBusiness of the HouseOral Questions

3:05 p.m.

Some hon. members

Agreed.

No.

Bill C-284--Canada Student Financial Assistance Act--Speaker's RulingPoints of OrderOral Questions

3:05 p.m.

Liberal

The Speaker Liberal Peter Milliken

I am now prepared to rule on the point of order raised by the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform concerning the need for a royal recommendation for Bill C-284, An Act to amend the Canada Student Financial Assistance Act (Canada access grants), standing in the name of the hon. member for Halifax West.

I would like to thank the hon. Parliamentary Secretary for having raised this issue as well as the hon. member for Halifax West for his comments.

In his presentation, the hon. parliamentary secretary argued that Bill C-284 seeks to create a new category of assistance for students with permanent disabilities and students from low income families, claiming that such a program does not currently exist in the Canada Student Financial Assistance Act.

The hon. member for Halifax West countered that this grant program already does exist and that the purpose of his bill is simply to extend the program over the course of four years.

After examining Bill C-284, the Chair has concluded that it has two objectives. First, it takes the existing Canada access grants program, established by regulation, and transfers its provisions out of the regulations into the Canada Student Financial Assistance Act.

I remind hon. members that a regulation cannot impose a charge on the public revenue without express authority having been provided in the enabling legislation. The government cannot expend funds pursuant to a regulation unless the legislation on which that regulation is based was accompanied by a royal recommendation.

In this case, then, the Canada access grants program, established by authority granted to the minister by the Canada Student Assistance Act is covered by the royal recommendation which accompanied that act. Accordingly, the Chair is satisfied that moving the program out of the regulations into the act does not violate the royal recommendation.

However, the second objective of Bill C-284 is more problematic for the Chair. As the sponsor of the bill, the hon. member for Halifax West himself pointed out, the bill seeks to expand the grants program, so that students will be eligible for grants in every year of a program rather than only during their first year of post-secondary studies. In enlarging the program in this way, the bill extends the program's scope beyond that originally envisaged.

Such an extension is not covered by the terms of any existing appropriation. Funds may only be appropriated by Parliament for purposes authorized by a royal recommendation. Any extension of the terms of an existing program must be accompanied by a new royal recommendation. Through the royal recommendation accompanying the original act, the minister was able to authorize the funding of a one-year program. The royal recommendation did not cover a program of four years, as proposed in the hon. member's bill.

Therefore, the Chair must conclude that those provisions in clause 1 of the bill, which relate to increasing the availability of Canada access grants, would require a royal recommendation.

In its present form, I will therefore decline to put the question on third reading of this bill in its present form unless a royal recommendation is received. However, the debate is currently on the motion for second reading and the motion shall be put to a vote at the close of the second reading debate.

The House resumed consideration of the motion that Bill C-27, An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace), be read the second time and referred to a committee.

Criminal CodeOral Questions

3:10 p.m.

Liberal

The Speaker Liberal Peter Milliken

Before question period, the member for Marc-Aurèle-Fortin had the floor. He has 16 minutes left to conclude his remarks. He may now proceed.