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Crucial Fact

  • His favourite word was debate.

Last in Parliament September 2018, as Conservative MP for York—Simcoe (Ontario)

Won his last election, in 2015, with 50% of the vote.

Statements in the House

Points of Order February 26th, 2007

Mr. Speaker, I rise on a point of order.

I want to rise at this point to seek a ruling on whether two amendments to Bill C-257 adopted by the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities are in order.

Bill C-257 was reported from committee on February 21 with amendments. I submit that three of these amendments are out of order, namely, the committee amendments to the bill's proposed new subsections 2.1, 2.3 and 2.4 of section 94 of the code.

These amendments are out of order because they are beyond the scope and purpose of Bill C-257 for two reasons. These amendments now seek to indirectly amend the application of section 87.4 of the Canada Labour Code, a section requiring the maintenance of services where interruption would cause immediate danger to health and safety, which is a provision that is not originally included as part of Bill C-257. In so doing, they would also dramatically expand and alter the effect of section 87.4 introducing the much broader concept of essential services.

Not only is this beyond the original content of Bill C-257, it is arguably contrary to its original purpose. These amendments do not relate to the purpose of section 94 of the Canada Labour Code, the original purpose of that section being to proscribe unfair practices.

In terms of subsection 2.1, the amendment to subsection 2.1 of section 94 of the code is out of order because it is beyond the scope and purpose of Bill C-257.

This amendment attempts to make the bill “subject to section 87.4” of the Canada Labour Code, which is a section, as I said, dealing narrowly with imminent danger to life and health in the event of a strike. Because section 87.4 is not referred to elsewhere in this bill, this is clearly a provision that attempts to reach back to this section. I therefore submit that the amendment is out of order.

The amendment to subsection 2.3 of section 94 of the code is out of order because it is beyond the scope and purpose of Bill C-257. That was the ruling of the chair of the committee on February 15 when this amendment was first put forward by the member for Davenport. However, this decision was overruled by the committee, which then adopted the amendment. Let me take a moment to explain why this amendment is beyond the scope of the bill.

Section 94 of the Canada Labour Code prohibits employers and unions from using unfair labour practices. This section would be changed under Bill C-257 by prohibiting replacement workers during a strike or lockout, and adding powers for the minister to investigate compliance.

The committee chair ruled that the amendment to subsection 2.3 was out of order because it adds the new concept of “essential” services to section 94 of the Canada Labour Code, which is not relevant to that section.

In order to understand the context of the committee's decision, it is important to note that on February 14 the member for Davenport proposed an amendment to section 87.4 of the Canada Labour Code which sought to ensure the continuation of essential services in a strike given the ban on replacement workers proposed by Bill C-257. The chair ruled that amendment out of order because section 87.4 was not opened up in Bill C-257 as originally introduced.

Section 87.4 of the code addresses the obligations of employers, unions and employees to maintain certain activities during a strike or lockout. It does not use the word “essential” to describe these activities. Rather, it allows the Canada Industrial Relations Board to designate which activities, services and operations must be maintained in order to prevent an “immediate and serious danger to the safety or health of the public”.

After the committee chair ruled on February 14 that amending section 87.4 was out of order, the member for Davenport moved an amendment on February 15 to add a new subsection 2.3 in section 94 of the Canada Labour Code to set out essential services which must be continued during a strike. However, section 94 of the code does not deal with the continuation of services in any way but simply lists unfair labour practices for employers and unions.

Adding the new concept of essential services in section 94 of the Canada Labour Code could affect the operation of section 87.4 by the back door by altering the way the Canada Industrial Relations Board would interpret section 87.4.

As this amendment also attempts to broaden the role of the board, this amendment both reaches back and broadens the scope of Bill C-257. It is therefore out of order on both counts. What is more, this new concept of essential services is not a defined term either in the previous statute or in the amendment. No definition is offered.

The amendment to subsection 2.4 of section 94 of the code is also beyond the scope and purpose of Bill C-257. The committee chair also ruled on February 15 that the amendment to subsection 2.4 was out of order. However, again the committee overturned the chair's ruling and adopted this provision. This amendment to the Canada Labour Code would add new powers to the Canada Industrial Relations Board regarding essential services during a strike or lockout. However, as noted earlier, section 94 deals with unfair labour practices, not the powers of the board for essential services. Therefore, the amendment to the proposed new subsection 2.4 significantly alters the nature of section 94.

I would also note that because section 87.4 of the Canada Labour Code provides authority for the Canada Industrial Relations Board to maintain services during a strike or lockout, the new subsection 2.4 would affect section 87.4 of the Canada Labour Code in two ways. First, it would provide the board with new powers to amend any agreement and it would supercede any decisions the board may take under this section. Second, because it introduces the new concept of essential services, it would undoubtedly change the interpretation of the board's existing powers for carrying out its activities under section 87.4.

I believe the committee chair's ruling was correct. Subsection 2.4 adds a new purpose to section 94 of the code and it is not relevant to section 94. It is not in the jurisdiction of the committee or the House to alter, by amendment, a private member's bill so an entirely new purpose is introduced. Therefore, the amendment is out of order and should be removed from Bill C-257.

I note that Marleau and Montpetit specify, at page 654, that an amendment must relate to the original matter of the bill. It states:

—it must always relate to the subject matter of the bill or the clause under consideration. For a bill referred to a committee after second reading, an amendment is inadmissible if it amends a statute that is not before the committee or a section of the parent Act unless it is being specifically amended by a clause of the bill.

Marleau and Montpetit also state that amendments must be within the principle and scope of the bill.

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

To sum it up, just as it is out of order to amend section 87.4 of the Canada Labour Code because this section is not afforded by the original Bill C-257, it is also out of order to amend the same section through the amendment's indirect effect.

Subsections 2.3 and 2.4 are out of order because they do not relate to the original subject matter of Bill C-257 as introduced, and because they introduce new issues which were not part of Bill C-257 as originally introduced. The amended subsections 2.3 and 2.4 are therefore beyond the scope of Bill C-257 and should be removed from the bill.

Human Resources February 26th, 2007

Mr. Speaker, I understand the member's concerns with job losses, at least with regard to himself, since he did not seem to be willing to put that one on the line even though he said before that he would.

However, this is an economy that has been very strong. We are very concerned about the potential layoffs that have been occurring but let us keep in mind that last month was one of the biggest job creation months in the history of Canada.

Human Resources February 26th, 2007

Mr. Speaker, I am very puzzled to see the member for Halton in the House today. I thought he had committed to Canadians that if a member of Parliament changed sides, himself for example, there should be a byelection. Perhaps he could go out and ask the people of his constituency the questions.

Electoral Reform February 23rd, 2007

Mr. Speaker, this process was contracted out to people who I do not even know. The reality is it was done through a fair process.

The real question is this. If she is so upset that there is not another consultation process in place, why did her party vote against the motion by the member for Elgin—Middlesex—London to establish the kind of consultation she wants? She has to ask herself why her party opposed it. We put forward the proposal.

Electoral Reform February 23rd, 2007

Mr. Speaker, the consultation, which has begun, is one that is designed to be representative of all Canadians and is a process that will do this without allowing the process to be hijacked by special interest groups.

I note with interest, though, that the hon. member's party actually voted against a parallel process whereby parliamentarians could engage in exactly the kind of consultation she wants. Why her party voted against it and then she complains about it, I do not understand.

Foreign Affairs February 23rd, 2007

Mr. Speaker, it was Lester B. Pearson himself who said, “I do not know that I have done very much myself to promote fraternity between nations but I do know that there can be no more important purpose for any man's activity or interests”.

I am sure he would be very proud to have been able, in some small way, to contribute to this fraternity between Canada, the United States and Mexico today. He of all people made it clear in his own words that this is a contribution he would have liked to make.

Security and Prosperity Partnership of North America February 23rd, 2007

Mr. Speaker, the member for Toronto—Danforth's conspiracy theory is usually concerned that we are taking too strong a role on the world's stage. Now he thinks it is the other way around.

However, he is in good company with his conspiracy theories because I read today in the Ottawa Citizen that in the U.S., right-wing commentators say any talk of further integration of North America will erode U.S. security and long term economic prosperity.

On the fringes of the far right, there are loud whispers among hardened conspiracy theorists that this is part of a secret plot to eventually overthrow the U.S. government.

Security and Prosperity Partnership of North America February 23rd, 2007

Mr. Speaker, the member for Toronto—Danforth is always imagining conspiracies, but the reality is that this is a very open and transparent process.

It is an agreement between the United States, Canada and Mexico designed to facilitate as much as possible the movement of individuals and trade, and to ensure that we can protect our economic security in the process and ensure prosperity for all.

The hon. member will see from the result of the discussions and what happens today that it will be a good result for all Canadians, and that we should continue this process in a very positive way. He need not have such frightening conspiracies.

Security Information February 23rd, 2007

Mr. Speaker, there is no way the Bloc Québécois voted against the motion because the procedure for issuing security certificates has been around for several decades. The Bloc could not possibly have been here at that time.

The government intends to respond decisively and in due course to the Supreme Court of Canada ruling.

Security Information February 23rd, 2007

Mr. Speaker, I thank my colleague for his question. The government intends to respond decisively and in due course to the Supreme Court of Canada ruling.