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CANADA House of Commons Debates VOLUME 137 Ï NUMBER 107 Ï 1st SESSION Ï 37th PARLIAMENT OFFICIAL REPORT (HANSARD) Thursday, November 1, 2001 Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire´´ at the following address: http://www.parl.gc.ca 6801 HOUSE OF COMMONS Thursday, November 1, 2001 The House met at 10 a.m. The committee requests a one week extension to December 6 to report the bill back to the House of Commons. Prayers [Translation] CANADIAN HERITAGE ROUTINE PROCEEDINGS Mr. Clifford Lincoln (Lac-Saint-Louis, Lib.): Mr. Speaker, I SUPPLEMENTARY ESTIMATES (A), 2001-2002 have the honour to present, in both official languages, the second report of the Standing Committee on Canadian Heritage. Her Excellency the Governor General transmits to the House of Commons the Supplementary Estimates (A) of sums required for the [English] public service of Canada in the fiscal year ending on March 31, 2002, and, in accordance with section 54 of the Constitution Act, Pursuant to an order of reference dated Thursday, May 10, the 1867, recommends these estimates to the House of Commons. committee has considered Bill C-10, an act respecting the national marine conservation areas of Canada, and agreed on Tuesday, *** October 30 to report it with amendments. Ï (1000) [English] *** GOVERNMENT RESPONSE TO PETITIONS Ï (1010) Mr. Geoff Regan (Parliamentary Secretary to the Leader of [Translation] the Government in the House of Commons, Lib.): Mr. Speaker, pursuant to Standing Order 36(8) I have the honour to table, in both CANADA HEALTH ACT official languages, the government's response to two petitions. Mr. Mauril Bélanger (OttawaVanier, Lib.) moved for leave *** to introduce Bill C-407, an act to amend the Canada Health Act Ï (1005) (linguistic duality). MISCELLANEOUS STATUTE LAW AMENDMENT ACT, He said: Mr. Speaker, the bill we give first reading to this morning 2001 will add a sixth principle to the Canada Health Act so that the Hon. Lawrence MacAulay (for the Minister of Justice) moved provinces, which administer health services, will respect linguistic for leave to introduce Bill C-40, an act to correct certain anomalies, duality. inconsistencies and errors and to deal with other matters of a non- controversial and uncomplicated nature in the Statutes of Canada Official language minorities in Canada have limited guarantees in and to repeal certain provisions that have expired, lapsed or the area of health services. The provinces must therefore show a otherwise ceased to have effect. willingness to offer health services to their minority, which is a poor (Motions deemed adopted, bill read the first time and printed) guarantee, as the case of the Montfort hospital in Ontario recently revealed. *** COMMITTEES OF THE HOUSE Anglophones in Quebec and francophones in the other provinces and territories are entitled to receive health care in their mother JUSTICE AND HUMAN RIGHTS tongue, English or French, when they are at their most vulnerable, Hon. Andy Scott (Fredericton, Lib.): Mr. Speaker, I have the especially since the Canadian Constitution recognizes both honour to present, in both official languages, the seventh report of languages as the country's official languages. the Standing Committee on Justice and Human Rights pursuant to the order of reference of Wednesday, September 26, in relation to I hope we will soon have the opportunity to debate this bill in the Bill C-15B, an act to amend the criminal code and the Firearms Act. House of Commons and then in committee. 6802 COMMONS DEBATES November 1, 2001 Points of Order (Motions deemed adopted, bill read the first time and printed) by four Canadian citizens under part 2 of the Canada Corporations Act. Later the same month a funding agreement was signed between *** the Government of Canada and this corporation. [English] On March 22, the treasury board approved a temporary transfer of POINTS OF ORDER $25 million to vote 10 of Environment Canada and $25 million to SUPPLEMENTARY ESTIMATES vote 10 of Natural Resources Canada. The funds were to come from Mr. John Williams (St. Albert, Canadian Alliance): Mr. the government contingency vote, which is vote 5 under the treasury Speaker, I rise on a point of order with regard to the supplementary board's vote 5. estimates, which were tabled in the House of Commons just a few minutes ago, and vote 10 of Environment Canada and vote 10 of On April 5 the treasury board advised Environment Canada and Natural Resources Canada. Natural Resources Canada that they each had the authority to transfer $25 million to vote 10 from the treasury board's vote 5. On April 9, I am rising at this time because of a reference of Marleau and $25 million was paid to the corporation and charged to Natural Montpetit, at page 734, which states: Resources Canada vote 10. On April 11, $25 million was paid to the members raise questions about the procedural acceptability of Estimates as corporation and charged Environment Canada vote 10. early as possible so that the Chair has time to give intelligent consideration to these questions. While the Appropriation Act No. 2, Bill C-29, received royal There is no doubt that the issue I am about to raise is quite serious assent on June 14 providing Environment Canada for 2001-02 and deserves the appropriate consideration. spending authority for vote 10 in the amount of $2.85 million for the grants listed in the estimates and Bill C-29 provided Natural Speaker Jerome also said in a ruling on December 7, 1977, at page Resources Canada with 2001-02 spending authority in the amount of 184 of Debates: $0.6 million for the grants listed in the estimates, these amounts did supply ought to be confined strictly to the process for which it was intended, that is to say, for the purpose of putting forward by the government the estimate of not include the two amounts of $25 million each since they were money it needs, and then in turn voting by the House of that money to the transferred from vote 5. government...legislation and legislated changes in substances are not intended to be part of supply, but rather ought to be part of the legislative process in a regular Ï (1015) way... Mr. Speaker, I also refer you to the remarks of Madam Speaker Today the President of the Treasury Board has tabled supplemen- Sauvé on June 12, 1981 at page 10546 of Hansard when she said tary estimates which provide supplementary spending authority of that it did not matter whether the amount spent was a large sum or $50 million to vote 10 for each of Environment Canada and Natural simply one dollar. Resources Canada. The full amount for the foundation, I believe, is listed separately in the grants section of these two departments. As you know, Mr. Speaker, I maintain an interest in the estimates When the bill receives royal assent, I expect that treasury board vote and the financial procedures of the House and I continue to be 5 will be replenished for the $25 million advanced to the two concerned that parliament has lost control of the public purse. departmental votes in April 2001. I also understand that $25 million Parliament must remain supreme, and when the government is expected to be paid by each of Natural Resources Canada and undertakes actions that I will now explain, it causes me a great Environment Canada in January 2002 and charged to their respective deal of concern. vote 10. I also want to refer you to a motion tabled in the other place on June 14, 2001 at page 1192 of the Debates of the Senate of which I Essentially, the government is appropriating money in one fiscal am sure you are no doubt aware. It states: year, placing it into a separate account and spending it in future The actions of the Government of Canada in creating a private sector corporation years. This is unacceptable. I refer you, Mr. Speaker, to Marleau and as a stand-in for the Foundation now proposed in Bill C-4, and the depositing of $100 Montpetit at page 741 which says: million of taxpayer's money with that corporation, without the prior approval of Parliament, is an affront to the members of both Houses of Parliament. The Chair has cautioned that an Appropriation Act gives authority only for a The Committee requests that the Speaker of the Senate notify the Speaker of the single year and is therefore not appropriate for expenditure which is meant to House of Commons of the dismay and concern of the Senate with this circumvention continue for a longer period, or indefinitely. of parliamentary process That is what we have here. A foundation has been created with The Auditor General of Canada has expressed serious concerns money appropriated by parliament which is meant to continue with the events surrounding a $100 million grant to the Canada indefinitely. Foundation for Sustainable Development Technology of which $50 million has actually been paid out. These concerns were contained in her observations on page 1.34 to 1.38 of the Public Accounts of The auditor general states in her observation at page 1.37 of the Canada for 2000-01, which were tabled in the House on September Public Accounts of Canada for 2000-01: 27. However, I question whether it was appropriate for the Government to use a general contingency vote to provide $50 million in temporary authority so the In March 2001 a not for profit corporation named the Foundation departments could make the grant payments to the Corporation, all before Bill C-4 for Sustainable Development Technology in Canada was established received royal assent November 1, 2001 COMMONS DEBATES 6803 Points of Order Bill C-4 was given first reading in the House on February 2, 2001.