Bill C-353

Foreign Hostage Takers Accountability Act

An Act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act

This enactment authorizes the Government of Canada to take restrictive measures against foreign nationals, foreign states and foreign entities that engage in hostage taking or arbitrary detention in state-to-state relations of Canadians or eligible protected persons outside Canada. It also requires the Minister of Foreign Affairs to provide assistance to the families of such hostages and detained individuals and to establish and implement programs to encourage cooperation for the release of such Canadians and eligible protected persons. Finally, this enactment makes related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act .

Requirement of Royal Recommendations for Bills C-353 and C-356

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I rise with respect to what the Speaker said on Thursday, October 19, when he raised two items for Private Members' Business that appeared to infringe on the Crown's financial imperative and asked members to bring forward interventions on these matters.

Without commenting on the subject matter of the two bills in question, I submit that Bill C-353, sponsored by the member for Thornhill, and Bill C-356, sponsored by the member for Carleton, both infringe on the Crown's financial prerogative and that both bills require a royal recommendation.

Subclause 21(1) of Bill C-353 relating to the programs to encourage co-operation provides that:

The Minister may, in cooperation with the Minister of Citizenship and Immigration, establish and implement programs designed to encourage individuals to co-operate with the Government of Canada to secure the release of Canadian nationals and eligible protected persons who are held hostage or arbitrarily detained in state-to-state relations outside Canada.

Subclause 21(2) of Bill C-353 further provides that “the Minister may pay a monetary reward to the individual who provides that information in an amount and manner determined by the Minister.”

I submit, respectfully, that there is no authority in statute or in an appropriation to establish such a program set out in subclause 21(1), nor the authority to make payments subject to the provisions set out in subclause 21(2). Therefore, subclause 21(1), in toto, seeks to impose a new and distinct draw on the consolidated revenue fund in a manner that is not currently authorized.

Turning to Bill C-356, I submit that the repurposing of $100 million from the housing accelerator fund and the provision to give effect to a 100% GST rebate on the new residential rental property for which the average rent payable is below market rate both seek to infringe on the Crown's financial prerogative.

First, the housing accelerator fund was established as a program administered by the Canada Mortgage and Housing Corporation and is funded by a voted appropriation by Parliament through the estimates process. The member is seeking to change the terms and conditions and the purposes of the housing accelerator fund in a manner that is inconsistent with the program parameters as established and that therefore deviates from the authority granted by Parliament. The tabling of the main estimates and supplementary estimates is preceded by the recommendation of Her Excellency the Governor General for voted appropriations. That royal recommendation sets the maximum amount, the purpose and the terms and conditions of the voted appropriations contained in the estimates documents and voted upon by Parliament.

Second, the 100% GST rebate on new residential rental property would be a rebate paid out of the consolidated revenue fund for which a builder, landlord or buyer could claim the said rebate. I would point out that Bill C-56, which also proposes a 100% GST rebate for purpose-built rental housing, while different in design, was accompanied by a royal recommendation. Since, when brought into force, it would create a new and distinct draw on the consolidated revenue fund, it stands to reason that the program for which the terms, purposes and conditions of the GST rebate envisioned in Bill C-356 cannot rely on the royal recommendation provided with Bill C-56. Bill C-356 must, similarly, require a new royal recommendation to authorize a new and distinct draw on the consolidated revenue fund.

[The Speaker, Liberal, Greg Fergus]

The Chair would also like to make a statement on the management of Private Members' Business. The consideration of legislative measures involves certain procedural issues of a constitutional nature that impose constraints that the Speaker and the members must address.

As a consequence, every time the order of precedence is replenished, the Chair reviews the bills added to draw the House's attention to those that appear, at first glance, to infringe the financial prerogative of the Crown. This enables members to rise in a timely manner to present their views on whether these bills require a royal recommendation.

Accordingly, following the addition of 15 new items to the order of precedence on Wednesday, September 20, two items concern the Chair.

First, Bill C-353, an act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act, standing in the name of the member for Thornhill.

Also: Bill C‑356, an act respecting payments by Canada and requirements in respect of housing and to amend certain other acts, standing in the name of the member for Carleton.

In the Chair's view, these bills may require a royal recommendation. Members who wish to make arguments regarding the need for bills C‑353 and C‑356 to be accompanied by a royal recommendation should do so as early as possible.

I thank all members for their attention.

Situation in Israel, Gaza and the West Bank

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Chair, my colleague has put forward a bill in this House, Bill C-353, that deals specifically with this issue of hostages. Of course, many of us are seized with concern about the situation of these hostages, including Canadians. I wonder if the member can share a bit about the private member's bill she put forward before this situation happened, what the provisions of that bill are and the impact it would have in Canada's playing a stronger role securing the freedom of hostages.

Foreign Hostage Takers Accountability Act

[Melissa Lantsman, Conservative, Thornhill, ON]

moved for leave to introduce Bill C-353, an act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (money laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act.

Mr. Speaker, it is an honour to have this first in the House, and I hope it is among my many. It is an honour to present my first private member's bill, the foreign hostage takers accountability act.

It is high time to protect Canadians who are used in hostile foreign states as pawns in diplomacy. Foreign states' imprisoning our citizens on spurious charges to extract concessions is fundamentally unjust, and it puts Canada's national interest in deep peril.

Our country has a strong tradition of upholding its commitment to protecting its citizens, including those living and travelling overseas, standing up for fundamental human rights, civil liberties and the rule of law. As it becomes more and more dangerous, the realities in modern terrorist networks are becoming more complex, requiring continued vigilance and real action.

To ensure that Canada responds effectively to hostage-taking and hostage diplomacy, I am proud to introduce this bill. It would strengthen Canada's ability to deter, minimize and resolve instances of hostage-taking by increasing governmental power to levy sanctions, by establishing a family liaison office and by providing incentives for foreign co-operation.

The hostage takers accountability act would build on Canada's reputation as a dedicated defender of human dignity, and if passed, it would be a vital tool in our nation's arsenal to continue to protect the lives and rights of Canadians wherever, whenever and however they are at risk under wrongful and unlawful detention.

I am happy to bring this bill to the floor of the House of Commons, and I want to thank the member for Calgary Heritage for seconding it.

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