Question.

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

Are we agreed that we are finished with clause 4.2?

Agreed.

---Agreed

We can now go on to clause 5. Mr. Ballantyne.

What am I doing?

(Microphones turned off)

Mr. Chairman, I just have a question of clarification for the Minister. This was brought up to me by some of my constituents. I want to make sure that there is no problem between the definition of "the resident" as being someone here for 12 months and the definition of "the resident" as someone who is a landed immigrant. In clause 5.1, would the person have to qualify under all three clauses? If you qualify as a landed immigrant, you could theoretically be here for a shorter period of time than is required as a territorial resident.

Thank you, Mr. Ballantyne. Mr. Nerysoo.

I would like to ask legal counsel to explain that matter to Mr. Ballantyne.

Ms. Whitehouse.

Thank you, Mr. Chairman. The way that subsection 5.1 is drafted is in order for a person to be entitled to have access to the education program. They would have to comply with (a), (b) and (c).

Thank you. Mrs. Marie-Jewell.

Thank you, Mr. Chairman. With respect to clause 5, I believe there was some concern with regard to the academic year for grade 5. I would like to ask the Minister, does this just apply -- how can I state this -- to the date of December 31st, uniformly, for kindergarten classes for the age of that particular grade? Thank you.

Thank you, Mrs. Marie-Jewell. Mr. Nerysoo.

Mr. Chairman, I had a proposal for an amendment and for some of these clauses, I would like to ask the chair to recognize me first before other Members, because a number of motions are coming in and I want to respond positively to the honourable Members.

Mr. Chairman, could I ask Mr. Koe to explain the concern he has raised?

The issue was raised by Mrs. Marie-Jewell regarding clause 5, pertaining to the academic year as it relates to kindergarten. I believe that's the response we're trying to get, Mr. Nerysoo. I will recognize Mr. Koe and Mr. Antoine when we're done. Mrs. Marie-Jewell, maybe you could restate your concern.

I think it is quite clear that I had recognized the Member and I will seek a response to the concern raised

by the Member. Mr. Minister, if you could.

Mr. Chairman, I just wanted to clarify this because we have a number of amendments that are responding to the concerns that Members have raised, and I can't make the introduction of these amendments if I'm not being recognized. My amendment would have provided a response to my colleague. It was one of the issues discussed in the Standing Committee on Legislation and we had agreed that we would introduce an amendment, accordingly. We need to be able to change the clause to respond to the concern.

So, Mr. Chairman, I would like to move that clause 5 of Bill 25 be amended by striking out "within five months after the beginning of the academic year," and by substituting "on or before December 31 of the academic year," in proposed paragraph (1)(a).

I think that's the response that the Member was looking for. Is that a motion, then, Mr. Nerysoo?

Yes, Mr. Chairman.

If there are other things for clause 5 that you have other motions to address, then we could either do it this way and address each one of the issues as we go along, or we could hear every Member and the issues they want to raise, and you can respond with all the motions you have. I would like to ask you, how many motions do you have to change clause 5?

That's all to change clause 5, but we have 25 amendments for the bill. That's why it's difficult, Mr. Chairman. There are both technical and substantive changes.