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MINUTES OF PROCEEDINGS

Meeting No. 48

Thursday, June 23, 2005

The Standing Committee on Government Operations and Estimates met in a televised session at 11:57 a.m. this day, in Room 253-D Centre Block, the Chair, Leon Benoit, presiding.

Members of the Committee present: Ken Boshcoff, Marc Godbout, Guy Lauzon, Hon. Diane Marleau, Pat Martin, Joe Preston, Francis Scarpaleggia, Paul Szabo and Louise Thibault.

Acting Members present: Pierre Poilievre for Randy White and Benoît Sauvageau for Marcel Gagnon.

In attendance: House of Commons: Susan Baldwin, Legislative Clerk ; Jean-François Lafleur, Legislative Clerk . Library of Parliament: Tara Gray, Analyst.

Witnesses: Public Service Human Resources Management Agency of Canada: Ralph Heintzman, Vice-President, Public Service Values and Ethics. Treasury Board of Canada Secretariat: Michel Lefrançois, General Counsel, Secretariat Legal Services Branch.

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

The witnesses made statements and answered questions.

Pursuant to the Order of Reference of Monday, October 18, 2004, the Committee resumed consideration of Bill C-11, An Act to establish a procedure for the disclosure of wrongdoings in the public sector, including the protection of persons who disclose the wrongdoings.

On Clause 13,

The Committee resumed consideration of the amendment of Ken Boshcoff, — That Bill C-11, in Clause 13, be amended by replacing lines 9 to 19 on page 6 with the following:

“13. (1) A public servant may disclose information referred to in section 12 to the President of the Public Service Commission if

(a) the public servant believes on reasonable grounds that it would not be appropriate to disclose the information to his or her supervisor, or to the appropriate senior officer, by reason of the subject-matter of the wrongdoing or the person alleged to have committed it;

(b) the public servant has already disclosed the information to his or her supervisor or to the”

After debate, the question was put on the amendment of Ken Boshcoff and it was agreed to.

Clause 13, as amended, carried.

Clause 14 carried.

On New Clause 14.1,

Diane Marleau moved, — That Bill C-11 be amended by adding after line 41 on page 6 the following:

“14.1 Despite sections 12 to 14, a public servant employed in a portion of the public sector that has a statutory mandate to investigate other portions of the public sector and that is named in Schedule 2 may disclose information under any of those sections only if the wrongdoing to which the information relates involves the portion of the public sector in which he or she is employed.”

After debate, the question was put on the amendment of Diane Marleau and it was agreed to.

New Clause 14.1 carried.

On Clause 15,

Paul Szabo moved, — That Bill C-11, in Clause 15, be amended by replacing line 9 on page 7 with the following:

“information, other than a restriction created by or under any provision set out in Schedule 2.”

By unanimous consent, the amendment was allowed to stand.

On New Clause 15.1,

On motion of Paul Szabo, it was agreed, — That Bill C-11 be amended by adding after line 9 on page 7 the following:

“15.1 In making a disclosure under this Act, a public servant must

(a) provide no more information than is reasonably necessary to make the disclosure; and

(b) follow established procedures or practices for the secure handling, storage, transportation and transmission of information or documents, including, but not limited to, information or documents that the Government of Canada or any portion of the public sector is taking measures to protect.”

New Clause 15.1 carried.

On Clause 16,

On motion of Paul Szabo, it was agreed, — That Bill C-11, in Clause 16, be amended by adding after line 22 on page 7 the following:

(1.1) Subsection (1) does not apply in respect of information the disclosure of which is subject to any restriction created by or under any Act of Parliament, including the Personal Information Protection and Electronic Documents Act.

Benoît Sauvageau moved, — That Bill C-11, in Clause 16, be amended by replacing line 26 on page 7 with the following:

“not protected under this Act or the rights of a public servant to make public in accordance with the law a protected disclosure that was made in accordance with this Act but that was not resolved.”

By unanimous consent, the amendment was withdrawn.

Clause 16, as amended, carried.

On Clause 17,

On motion of Diane Marleau, it was agreed, — That Bill C-11, in Clause 17, be amended by replacing lines 27 to 33 on page 7 with the following:

“17. Section 12, subsection 13(1) and sections 14 and 16 do not apply in respect of any information that is special operational information within the meaning of subsection 8(1) of the Security of Information Act.”

Clause 17, as amended, carried.

Clause 18 carried.

On New Clause 18.1,

On motion of Diane Marleau, it was agreed, — That Bill C-11 be amended by adding after line 39 on page 7 the following:

“18.1 Nothing in this Act relating to the making of disclosures is to be construed as affecting any obligation of a public servant to disclose, report or otherwise give notice of any matter under any other Act of Parliament.”

New Clause 18.1 carried.

On Clause 19,

Guy Lauzon moved, — That Bill C-11, in Clause 19, be amended by adding after line 2 on page 8 the following:

“(2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction and liable to a fine of not less than $5,000.”

At 1:03 p.m., the Committee adjourned to the call of the Chair.

Miriam Burke
Clerk of the Committee

2006/01/10 2:56 p.m.