Mac Harb

[Bills Of Exchange Act, April 22nd, 1997]

moved for leave to introduce Bill C-415, an act to amend the Bills of Exchange Act (definitions of infant and minor).

Madam Speaker, in the Bills of Exchange Act when we refer to a child we do not use the word child. We use different definitions. We use the words infant as well as minor.

This bill will provide the definition of infant and minor as being a person under 18 in order to ensure that the act is interpreted consistently with the definition of child as proposed by the UN Convention on the Rights of the Child.

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

[Bank Act, April 22nd, 1997]

moved for leave to introduce Bill C-414, an act to amend the Bank Act (definition of infant).

Madam Speaker, this bill deals with the definition of the term infant. The Bank Act refers to a child as an infant. This amendment provides the definition of the term infant for the purpose of ensuring that it is interpreted consistently with the definition of child proposed in the UN Convention on the Rights of the Child as a person who is less than 18 years of age.

The term infant is used instead of child in this act because of wide use of infant in the common law of contracts to mean a minor.

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

[Young Offenders Act, April 22nd, 1997]

moved for leave to introduce Bill C-413, an act to amend the Young Offenders Act (definition of child).

Madam Speaker, this bill amends the definition of a child in the Young Offenders Act to reflect the definition proposed in the United Nations Convention on the Rights of the Child, an agreement which was ratified by Canada.

To date there is no uniform legal definition of child in Canada. The word child is both broadly defined and used commonly in everyday language. As a result this contributes significantly to the legal ambiguity which often occurs when the court attempts to distinguish between childhood and adulthood.

Most statutes assign their own definition of a child and frequently use terms such as minor, dependant or young person to refer to those individuals under the age of 18.

For example, the Young Offenders Act defines a child as a person who is, or who in the absence of evidence to the contrary appears to be, under the age of 12, while those between the ages of 12 and 18 are considered young persons.

Notwithstanding the different aspects of the Young Offenders Act when we deal with offences, this bill makes the unequivocal statement that a child is anybody under the age of 18 and then we can move on and deal with the other aspects of the legislation.

It really ensures that we have uniformity in line with the UN Convention on the Rights of the Child.

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

[Members Of Parliament Retiring Allowances Act, April 22nd, 1997]

moved for leave to introduce Bill C-412, an act to amend the Members of Parliament Retiring Allowances Act (definition of child).

Madam Speaker, this bill amends the definition of a child in the Members of Parliament Retiring Allowances Act to reflect the definition proposed by the United Nations Convention on the Rights of the Child, an agreement which was ratified by Canada in 1991. It will also streamline this act.

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

[Canada Pension Plan, April 22nd, 1997]

moved for leave to introduce Bill C-411, an act to amend the Canada Pension Plan (definition of child).

Madam Speaker, this bill amends the definition of child in the Canada pension plan to reflect the definition proposed by the United Nations in the Convention on the Rights of the Child, an agreement that was ratified by Canada in 1991.

Also, the UN Convention on the Rights of the Child was the first internationally recognized document stating a legal code of rights and measures that should be undertaken to ensure the worldwide protection of children. It was adopted by the United Nations General Assembly on November 29, 1989 and was ratified by Canada on December 13, 1991. The convention is predicated on previous United Nation manifestoes beginning with the Geneva declaration in 1994, the universal declaration of human rights in 1948 and the declaration of the rights of the child in 1959.

This amendment would ensure that the best interests of the child are protected.

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

[Federal-Provincial Fiscal Arrangements Act, April 22nd, 1997]

moved for leave to introduce Bill C-410, an act to amend the Federal-Provincial Fiscal Arrangements Act.

Madam Speaker, the purpose of this bill is to ensure that there is a standard school leaving age of 18 years across Canada by making provisions for the definition from the Canadian health and social transfer to a province if the school age is not 18 years.

About 30 per cent of all children in Canada leave school before they reach the age of 18, many of whom get low paying jobs or end up on employment insurance or social assistance. Some can not really carry on a full and productive life.

The purpose of the legislation is to set a standard age for when a child could leave an educational institution, an apprenticeship program, a learning facility or a vocational training facility.

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

[Divorce Act, April 22nd, 1997]

moved for leave to introduce Bill C-409, an act to amend the Divorce Act (definition of child).

Madam Speaker, this act also amends the definition of a child of the marriage in the Divorce Act by including in the term persons between the ages of 16 and 18. This also reflects the definition of child proposed by the United Nations in the Convention on the Rights of the Child, an agreement which was ratified by Canada in 1991.

According to Statistics Canada there are about 1,869,000 people between the ages of 15 and 19, representing approximately 7 per cent of the total population. This age range is perhaps the most significant development age of one's life and includes not only physical changes but also social, intellectual and psychological development.

It is important for us to review the way we define our children both legally and socially and seek to clarify the rights and responsibilities of parents, the state and, most important, children.

The spirit of the UN Convention on the Rights of the Child is to ensure that countries develop and maintain legislation to serve the best interests of the child. Basically this amendment will do just that.

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

[Interpretation Act, April 22nd, 1997]

moved for leave to introduce Bill C-408, an act to amend the Interpretation Act (definition of child).

Madam Speaker, this bill is co-sponsored by my colleague from Mississauga East. It harmonizes all federal government legislation to bring it in line with the December 13, 1991 UN Convention on the Rights of the Child.

It was agreed at that convention that country members will harmonize all their legislations when dealing with the definition of a child so that a child is defined as anyone under the age of 18.

Currently Canada lacks a uniform legal definition of who is considered a child. This lack of legal definition poses particular difficulties when we try to describe rights and responsibilities of older teenagers, especially those between the ages of 16 and 18.

In Canada inconsistent and often contradictory laws and regulations do not always provide a sufficient basis for a stable and adequate policy toward children. In some cases contradiction can be found in existing legislation. For example, the definition of a child as defined by the Income Tax Act set the upper limit of eligibility for the child tax benefit at age 18. At the same time, under the goods and services tax, a child is considered to be a dependent child until he or she is 19.

In light of Canada's commitment to children, it would seem only logical that we undertake a task of harmonizing all federal legislation dealing with children, in particular by ensuring that our legislation is in conformity with the UN Convention on the Rights of the Child.

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

[Petitions, April 18th, 1997]

Madam Speaker, pursuant to Standing Order 36, I would like to present a petition signed by many constituents in the Ottawa area.

They call on the House of Commons to ask the federal government to enact a national infrastructure program to help the country to rebuild its national highway system.

[Lester B. Pearson, April 18th, 1997]

Mr. Speaker, this year marks the 100th anniversary of the birth of Lester B. Pearson, Canada's Prime Minister from 1963 to 1968.

Mr. Pearson had one of the most distinguished careers in Canadian political life. In 1957 he was awarded the Nobel Peace Prize in recognition of his leadership in establishing Canada as the world's peacekeeper.

Mike Pearson was a pragmatic, humble, decent consensus builder.

On Wednesday, April 23, it will give me great pleasure to join with my colleagues and my constituents in paying tribute to this great man at the Pearson Centennial Dinner at the National Arts Centre.

Lester Pearson was a leader who made Canada an even better place to live. To his family and friends, may his memory live with us forever.