ETHI Committee Meeting

The Standing Committee on Access to Information, Privacy and Ethics met at 3:30 p.m. this day, in Room 306, La Promenade Building, the Chair, Pierre-Luc Dusseault, presiding.

Jennifer Stoddart made a statement and, with the other witnesses, answered questions.

At 4:36 p.m., the sitting was suspended.

At 4:39 p.m., the sitting resumed.

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

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

On Clause 2,

“18.2 (1) This Act does not apply to any information that is under the control of the Canadian Broadcasting Corporation and that would reveal the identity of any confidential journalistic source.

(2) The head of the Canadian Broadcasting”

After debate, the question was put on the amendment of Brad Butt and it was agreed to on division.

“requested under this Act if the information contained in the record relates to its journalistic, creative or programming activities.”

After debate, the question was put on the amendment of Charlie Angus and it was negatived, by a show of hands: YEAS: 2; NAYS: 7.

Clause 2, as amended, carried on division.

Clause 3 carried on division.

On Clause 4,

(a) by replacing lines 17 to 19 on page 1 with the following:

“4. (1) The portion of paragraph (j) of the definition “personal information” in section 3 of the Privacy Act before subparagraph (i) is replaced by the following:

(j) information about an individual who is or was an officer or employee of a government institution or an employee of the office of a minister of the Crown that relates to the position or functions of the individual including,

(2) Subparagraph (j)(i) of the definition “personal information” in section 3 of the Act is replaced by the following:

(i) the fact that the individual is or was an officer or employee of the government institution or minister's office,

(3) Subparagraph (j)(iii) of the definition “personal information” in section 3 of the Act is replaced by the following:”

(b) by replacing line 2 on page 2 with the following:

“the government institution or minister's office an annual salary”

(c) by replacing line 9 on page 2 with the following:

“the government institution or minister's office an annual salary”

(d) by replacing line 19 on page 2 with the following:

“reimbursed by the government institution or minister's office,”

Debate arose thereon.

RULING BY THE CHAIR

Bill C-461 amends the Privacy Act by amending the definition of “personal information” with regard to officers or employees of a government institution.

The amendment attempts to extend the provisions of the Bill to “employees of the office of a minister of the Crown” into the definition of “personal information”.

As House of Commons Procedure and Practice (Second Edition) states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, the introduction of “employees of the office of a minister of the crown” would extend the provisions of Bill C-461 to a new group of employees, which is beyond the scope of the bill and is therefore inadmissible.

“(iii) the classification and responsibilities of the position held by the individual,

(iii.1) the total annual monetary income of the individual from the government institution if that income is greater than the maximum total annual monetary income that could be paid to a Deputy Minister,

(iii.2) the salary range of the position held by the individual if their total annual monetary income from the government institution is equal to or less than the maximum total annual monetary income that could be paid to a Deputy Minister,

(iii.3) the expenses incurred by the indi-”

After debate, the question was put on the amendment of Brad Butt and it was agreed to, by a show of hands: YEAS: 7; NAYS: 3.

Clause 4, as amended, carried by a show of hands: YEAS: 7; NAYS: 3.

On Clause 5,

“the information relates to its journalistic, creative or programming activities.”

After debate, the question was put on the amendment of Charlie Angus and it was negatived, by a show of hands: YEAS: 3; NAYS: 7.

Clause 5 carried on division.

On Clause 6,

“(3) This Act does not apply to personal information that is under the control of the Canadian Broadcasting Corporation and that would reveal the identity of any confidential journalistic source.

(4) Sections 4 to 10 do not apply to personal”

After debate, the question was put on the amendment of Brad Butt and it was agreed to, by a show of hands: YEAS: 7; NAYS: 3.

Clause 6, as amended, carried on division.

Clause 7 carried on division.

Clause 8 carried on division.

Charlie Angus moved, — That, pursuant to Standing Order 97.1(1), the committee report to the House a recommendation that Bill C-461, An Act to amend the Access to Information Act and the Privacy Act (disclosure of information), not be further proceeded with and to give reasons therefor.

After debate, the question was put on the motion and it was negatived, by a show of hands: YEAS: 3; NAYS: 7.

On Clause 1, Short Title,

“the lack of disclosure and opaqueness”.

The Chair ruled the proposed amendment inadmissible because it sought to amend the title of the Bill that, as provided on pages 770-771 of House of Commons Procedure and Practice, Second Edition, may only be amended if necessitated by other amendments made to the Bill.

“This Act may be cited as the Transparency of Public Servants Who Earn More Than $444,000 a Year, Except Those in the Prime Minister’s Office, Act.”

The Chair ruled the proposed amendment inadmissible because it sought to amend the title of the Bill that, as provided on pages 770-771 of House of Commons Procedure and Practice, Second Edition, may only be amended if necessitated by other amendments made to the Bill.

Clause 1, Short Title, carried.

On Title,

“An Act to Amend the Access to Information Act and the Privacy Act (Disclosure of little information, or as long as you make more than $450,000 a year Act)”

The Chair ruled the proposed amendment inadmissible because it sought to amend the title of the Bill that, as provided on pages 770-771 of House of Commons Procedure and Practice, Second Edition, may only be amended if necessitated by other amendments made to the Bill.

The Title carried on division.

The Bill, as amended, carried on division.

ORDERED, — That the Chair report the Bill, as amended, to the House on division.

ORDERED, — That Bill C-461, as amended, be reprinted for the use of the House at report stage.

At 6:32 p.m., the Committee adjourned to the call of the Chair.