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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 59
Thursday, April 20, 2023, 11:08 a.m. to 1:04 p.m.
Webcast
Presiding
Ali Ehsassi, Chair (Liberal)

• Hon. John McKay for Hon. Hedy Fry (Liberal)
• Gérard Deltell for Dave Epp (Conservative)
House of Commons
• Dancella Boyi, Legislative Clerk
• Philippe Méla, Legislative Clerk
• Hilary Smyth, Procedural Clerk
Department of Canadian Heritage
• Amy Awad, Senior Director, Marketplace and Legislative Policy
Department of Foreign Affairs, Trade and Development
• Marie-Josée Langlois, Director General, Strategic Policy Branch
• Jeffrey Marder, Executive Director, Human Rights and Indigenous Affairs
• Ashlyn Milligan, Acting Executive Director, Non-proliferation, Disarmament and Space
Department of National Defence
• MGen Paul Prévost, Director of Staff, Strategic Joint Staff
Pursuant to the order of reference of Wednesday, November 16, 2022, the committee resumed consideration of Bill C-281, An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 3 of the Bill.

The committee resumed consideration of the amendment of Robert Oliphant, — That Bill C-281, in Clause 3, be amended by replacing lines 14 to 31 on page 2 with the following:

“-ister must table a response in accordance with the Standing Orders of the House of Commons or the rules of the Senate that apply to government responses to committee reports.”

At 11:30 a.m., the sitting was suspended.

At 11:49 a.m., the sitting resumed.

At 11:53 a.m., the sitting was suspended.

At 11:54 a.m., the sitting resumed.

The question was put on the amendment of Robert Oliphant and it was negatived on the following recorded division:

YEAS: Rachel Bendayan, John McKay, Robert Oliphant, Randeep Sarai, Sameer Zuberi — 5;

NAYS: Stéphane Bergeron, Michael D. Chong, Gérard Deltell, Garnett Genuis, Randy Hoback, Heather McPherson — 6.

Garnett Genuis moved, — That Bill C-281, in Clause 3, be amended

(a) by replacing line 15 on page 2 with the following:

“whether or not the order or regulation has been made and”

(b) by replacing lines 19 to 21 on page 2 with the following:

“the case may be, within the timeline specified in the Standing Orders or rules of the Senate for responses to committee reports and must be posted in a prominent location on the”

(c) by replacing line 24 on page 2 with the following:

“(3) If Parliament is prorogued before the re-”

(d) by replacing line 29 on page 2 with the following:

“the response. If Parliament is prorogued or dissolved before the response is tabled, the response must be tabled as soon as fea-”

Robert Oliphant moved, — That the amendment be amended by deleting the words “or dissolved”.

After debate, the question was put on the subamendment of Robert Oliphant and it was negatived on the following recorded division:

YEAS: Rachel Bendayan, John McKay, Robert Oliphant, Randeep Sarai, Sameer Zuberi — 5;

NAYS: Stéphane Bergeron, Michael D. Chong, Gérard Deltell, Garnett Genuis, Randy Hoback, Heather McPherson — 6.

After debate, the question was put on the amendment of Garnett Genuis and it was agreed to on the following recorded division:

YEAS: Rachel Bendayan, Stéphane Bergeron, Michael D. Chong, Gérard Deltell, Garnett Genuis, Randy Hoback, John McKay, Heather McPherson, Robert Oliphant, Randeep Sarai, Sameer Zuberi — 11;

NAYS: — 0.

Sameer Zuberi moved, — That Bill C-281, in Clause 4, be amended by replacing lines 3 to 14 on page 3 with the following:

“(1.1) No licence shall be issued or renewed under this Part in relation to a broadcasting undertaking, including one that distributes foreign programming, if the Commission determines that thepersoncarrying on the broadcasting undertaking is — despite any measure that the Commission could take under this Part, including the making of an order or regulation — vulnerable to being significantly influenced by

(a) a foreign state, or a national of or person in a foreign state, as those terms are defined in section 2 of theSpecial Economic Measures Act, that is the subject of an order or regulation made under section 4 of that Act or that has been found to have committed genocide by a court or tribunal in Canada, the International Court of Justice, the International Criminal Court or a court or tribunal established under the authority of an international organization of states; or

(b) a foreign national, as defined in section 2 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), who is the subject of an order or regulation made under section 4 of that Act.

(1.2) The Commission shall not take any measure under this Part, including the making of an order or regulation, that would permit a distribution undertaking to distribute programming services provided by a person or entity that the Commission determines is, or is vulnerable to being significantly influenced by, a person or entity referred to in paragraph (1.1)(a) or (b).

(1.3) In determining, for the purposes of subsections (1.1) or (1.2), whether a person or entity is vulnerable to being significantly influenced, the Commission may consider the person’s or entity’s commercial relationships or any other factor that the Commission considers appropriate.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Robert Oliphant appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division:

YEAS: Stéphane Bergeron, Michael D. Chong, Gérard Deltell, Garnett Genuis, Randy Hoback — 5;

NAYS: Rachel Bendayan, John McKay, Heather McPherson, Robert Oliphant, Randeep Sarai, Sameer Zuberi — 6.

Heather McPherson moved, — That Motion G-2, proposing to amend Clause 4 of Bill C-281 by replacing lines 3 to 14 on page 3, be amended by adding the following after "genocide by" in paragraph (1.1)(a):

“the Senate, the House of Commons or both Houses of Parliament,”.

Debate arose thereon.

At 12:26 p.m., the sitting was suspended.

At 12:42 p.m., the sitting resumed.

Robert Oliphant moved, — That the debate be now adjourned.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Rachel Bendayan, John McKay, Robert Oliphant, Randeep Sarai, Sameer Zuberi — 5;

NAYS: Heather McPherson — 1.

Motion

Robert Oliphant moved, — That, pursuant to Standing Order 97.1, the committee request an extension of thirty sitting days to consider Bill C-281, An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Rachel Bendayan, Stéphane Bergeron, John McKay, Heather McPherson, Robert Oliphant, Randeep Sarai, Sameer Zuberi — 7;

NAYS: Michael D. Chong, Gérard Deltell, Garnett Genuis, Randy Hoback — 4.

ORDERED, — That the Chair present the report to request for an extension to the House.

Pursuant to Standing Order 108(2) and the motion adopted by the Standing Committee on Foreign Affairs and International Development on Monday, December 13, 2021 and the motion adopted by the Subcommittee on International Human Rights on Tuesday, April 26, 2022, the committee commenced its study of the current situation in Haiti.

The committee commenced consideration of a draft report.

It was agreed, — That the report be entitled: "The human rights situation in Haiti".

It was agreed, — That the Chair, clerk and analysts be authorized to make such grammatical and editorial changes as may be necessary without changing the substance of the report.

It was agreed, — That, pursuant to Standing Order 109, the committee request that the government table a comprehensive response to the report.

It was agreed, — That dissenting or supplementary opinions be in Calibri 12-point font, left aligned, single-spaced, and be submitted electronically, in both official languages, to the clerk of the committee, not later than 5:00 p.m. ET on Monday, April 24, 2023.

ORDERED, — That the Chair present the report to the House.

The committee proceeded to the consideration of matters related to committee business.

It was agreed, — That the draft news release, in relation to the recent sentencing of Vladimir Kara-Murza, be adopted.

It was agreed, — That proposed budget in the amount of $ 2,000.00, for the study of the Main Estimates 2023-24, be adopted.

At 1:04 p.m., the committee adjourned to the call of the Chair.



Ariane Gagné-Frégeau
Clerk of the committee