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House of Commons Debates VOLUME 146 Ï NUMBER 031 Ï 1st SESSION Ï 41st PARLIAMENT OFFICIAL REPORT (HANSARD) Tuesday, October 18, 2011 Speaker: The Honourable Andrew Scheer CONTENTS (Table of Contents appears at back of this issue.) 2103 HOUSE OF COMMONS Tuesday, October 18, 2011 The House met at 10 a.m. Once enacted, the bill would move pensions further up the line of creditors to be paid out during bankruptcy proceedings. Amending Canada's bankruptcy laws to provide greater protection for pensioners is an issue of considerable importance to the NDP. Prayers In the last election, this particular promise was on the front page of ROUTINE PROCEEDINGS our platform. For New Democrats this question is very straightfor- ward. How many more victims will there be before we fix our Ï (1005) outdated bankruptcy laws? We know the stories of Nortel, Fraser [English] Paper and AbitibiBowater and the dozens of mills that closed in Quebec and in British Columbia. MARKETING FREEDOM FOR GRAIN FARMERS ACT Hon. Gerry Ritz (Minister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board, CPC) moved for leave One thing is sure, and that is the current government has not been to introduce Bill C-18, An Act to reorganize the Canadian Wheat prepared to act, has not been prepared to extend the pensions, the Board and to make consequential and related amendments to certain common sense protection Canadians deserve. New Democrats are Acts. ready, and thus we are introducing this bill today. (Motions deemed adopted, bill read the first time and printed) *** (Motions deemed adopted, bill read the first time and printed) BANKRUPTCY AND INSOLVENCY ACT Mr. Wayne Marston (Hamilton East—Stoney Creek, NDP): Ï (1010) moved for leave to introduce Bill C-331, An Act to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act (pension plans). Hon. Gordon O'Connor (Minister of State and Chief Government Whip, CPC): Mr. Speaker, there have been consulta- He said: Mr. Speaker, in Canada today when a company goes out tions, and I believe you will find agreement for the following of business and the employees' pension plan is wound up, under motion: “That, notwithstanding any Standing Order or usual Canada's outdated bankruptcy laws, pensioners must wait behind practices of the House, when the House begins proceedings under every imaginable financial and corporate interest before getting paid the provisions of Standing Order 53.1 today, no quorum calls, out from the company's remaining assets because, according to requests for unanimous consent or dilatory motions shall be received Canadian law, pensions are considered unsecured debt. As such, by the Speaker and, any member rising to speak during debate may pensions are paid out at the same time as every other kind of indicate to the Speaker that he or she will be dividing his or her time unsecured debt. In effect, it puts pensioners at the end of the line. with another member.” The practical consequence of being at the back of the line means that pensions are too often tapped into as just another asset pool to be used to pay off other creditors. Canadians say that is wrong. They The Speaker: Does the chief government whip have the say that any retiree who has worked for generations for a company unanimous consent of the House to propose this motion? should have greater access to the company assets than vulture capitalists and bond dealers. New Democrats believe it is time for the situation to be corrected. Some hon. members: Agreed. Let us be clear. Pensions are not just some kind of a fringe benefit. Workplace pensions are nothing less than unpaid deferred wages. That is why I am introducing my pension protection bill today. Some hon. members: No. 2104 COMMONS DEBATES October 18, 2011 Privilege Hon. Jim Karygiannis (Scarborough—Agincourt, Lib.): Mr. REQUEST FOR EMERGENCY DEBATE Speaker, the people of Syria, through their protests, have been asking SYRIA for democracy and an end to the rule of President Bashar al-Assad. The number of people who have been killed during the protest has The Speaker: The chair has notice of an application for reached 3,000. According to the UN High Commissioner for Human emergency debate from the hon. member for Scarborough— Rights, President Bashar al-Assad has ordered the military to put Agincourt. down the protesters. The measures employed by the military have Hon. Jim Karygiannis (Scarborough—Agincourt, Lib.): Mr. included gunning down unarmed protesters, searching people's Speaker, I seek to have an emergency debate. The people of Syria homes for suspected protesters and jailing hundreds for expressing a and Canadian Syrians are looking to this House to address what is wish for democracy and fundamental justice. happening in Syria, to make sure the perpetrators are called to justice, and to make sure that the regime completely falls and a Syrian Canadians are looking to their government to condemn the democratic process takes place. There have been over 4,000 people brutal attacks in Syria— killed in Syria over the last few months. The Speaker: Order. Does the hon. member have a motion or is On behalf of the people of Syria and Canadian Syrians, I look to he reading a speech? you, Mr. Speaker, to rule that this House should hold an emergency debate on this very important subject in order to fully discuss it. Hon. Jim Karygiannis: I am reading a motion. The Speaker: I thank the hon. for bringing this matter to the The Speaker: I would ask him to come to the motion. attention of the chair. While I am sure it is an important issue to many, I do not think that it meets the test for granting an emergency Hon. Jim Karygiannis: Mr. Speaker, I seek unanimous consent debate at this time. for the following motion, which is seconded by the member for York West: “That this House condemn the brutal attacks on members of The hon. member for Malpeque has a question of privilege. the Syrian movement for democratic change and accountable *** government by the Bashar al-Assad regime; call on the Bashar al- Assad regime to meet the Arab League 15-day deadline to enact a Ï (1015) ceasefire and to begin a dialogue between government officials and PRIVILEGE opposition representatives; accept the United Nations Human Rights Council's commission of inquiry into the violence of Syria to find LEGISLATION TO REORGANIZE THE CANADIAN WHEAT BOARD out exactly what happened and to put an end to civilian deaths; and, Hon. Wayne Easter (Malpeque, Lib.): Mr. Speaker, I rise on a ensure that all the perpetrators of these attacks are brought to justice question of privilege. and bear the full weight of the law.” The government has tabled Bill C-18 today and I have the The Speaker: Does the hon. member for Scarborough— legislation in my hands. This bill would terminate the single desk Agincourt have unanimous consent to propose the motion? selling authority of the Canadian Wheat Board, in effect terminating the existing Canadian Wheat Board. Some hon. members: No. Some hon. members: Hear! Hear! [Translation] Hon. Wayne Easter: Mr. Speaker, I do not know why members Mr. André Bellavance (Richmond—Arthabaska, BQ): Mr. on the government side would applaud, because my whole question Speaker, I could not give my consent to the member's motion and I of privilege is based on the fact that the Conservative government is want to explain why. It is not that the motion is unsound; it is that he violating the very laws of this land in its action in terms of tabling has a bad habit of not consulting the other parties—at least not ours Bill C-18 the way it is worded today. —when moving this kind of motion. Therefore, we must refuse unanimous consent. The government has tried to use some fancy language in the bill, but in summary, the bill would change the governing structure of the *** Canadian Wheat Board. The Conservatives say that the new act continues the Canadian Wheat Board but changes it with the [English] marketing of grain through voluntary pooling. Part III provides for the possible continuation of the board under other federal legislation. QUESTIONS ON THE ORDER PAPER Part IV provides for its winding up if no such continuation occurs. Mr. Tom Lukiwski (Parliamentary Secretary to the Leader of There is no question that the position of the Conservative Party the Government in the House of Commons, CPC): Mr. Speaker, I and the government has been one of long standing, an initiative they ask that all questions be allowed to stand. have attempted through previous efforts, which is to do away with the Canadian Wheat Board. Some of those efforts have been The Speaker: Is that agreed? determined to be illegal, but the Conservatives have attempted them even though they have been determined to be illegal. I submit that Some hon. members: Agreed. what the government is doing today is also illegal. October 18, 2011 COMMONS DEBATES 2105 Privilege There is no ambiguity in what the government intends by this The 1997 bill was about giving farmers the right to control their legislation as the government's intent has been stated by the Prime own destinies and their own institution, that being the Canadian Minister, ministers and individual members of Parliament on any Wheat Board. Under section 47.1, Parliament gave them the clear number of occasions. I would even go so far as to say that both the authority to have a say by providing them the ability to vote prior to minister and his parliamentary secretary have violated their oaths of the government making any changes to that act.