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MINUTES OF PROCEEDINGS

Meeting No. 22

Tuesday, May 13, 2014

The Standing Committee on Access to Information, Privacy and Ethics met at 11:02 a.m. this day, in Room 237-C, Centre Block, the Chair, Pat Martin, presiding.

Members of the Committee present: Scott Andrews, Charmaine Borg, Paul Calandra, Patricia Davidson, Hon. Laurie Hawn, Pat Martin, Tilly O'Neill Gordon, Mathieu Ravignat and Bob Zimmer.

Acting Members present: Mark Adler for Jacques Gourde.

In attendance: Library of Parliament: Dara Lithwick, Analyst ; Maxime-Olivier Thibodeau, Analyst . House of Commons: Philippe Méla, Legislative Clerk ; David-Andrés Novoa, Legislative Clerk.

Pursuant to the Order of Reference of Wednesday, February 12, 2014, and the motion adopted by the Committee on Thursday, February 13, 2014 the Committee resumed consideration of Bill C-520, An Act supporting non-partisan agents of Parliament.

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,

Mathieu Ravignat moved, — That Bill C-520, in Clause 2, be amended by deleting lines 11 and 12 on page 2.

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

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also negatived:

That Bill C-520, in Clause 5, be amended by deleting lines 25 to 27 on page 3.

Mathieu Ravignat moved, — That Bill C-520, in Clause 2, be amended by adding after line 31 on page 2 the following:

““partisan manner” means conducting one's duties and responsibilities in such a way as to constitute a political activity that would be disallowed under Part 7 of the Public Service Employment Act as impairing or being perceived to impair the ability of an individual to perform his or her duties in a politically impartial manner.”

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

Mathieu Ravignat moved, — That Bill C-520, in Clause 2, be amended by adding after line 12 on page 3 the following:

“(3) The provisions of this Act apply only to the extent that they are not inconsistent with existing federal legislation, including the Public Service Employment Act and its regulations.”

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

Patricia Davidson moved, — That Bill C-520, in Clause 2, be amended by adding after line 12 on page 3 the following:

“(3) Nothing in this Act is to be construed as authorizing a person who works in the office of an agent of Parliament to occupy a politically partisan position or engage in political activities.”

After debate, the question was put on the amendment of Patricia Davidson and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.

Clause 2, as amended, carried by a show of hands: YEAS: 6; NAYS: 3.

On Clause 3,

Patricia Davidson moved, — That Bill C-520, in Clause 3, be amended by replacing lines 13 to 17 on page 3 with the following:

“3. The purpose of this Act is, in conjunction with any other applicable rule of law, to avoid conflicts that are likely to arise or be perceived to arise between partisan activities and the official duties and responsibilities of any person who works in the”

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

Clause 3, as amended, carried by a show of hands: YEAS: 6; NAYS: 3.

On Clause 4,

Patricia Davidson moved, — That Bill C-520, in Clause 4, be amended by replacing lines 19 and 20 on page 3 with the following:

“4. This Act applies to any person who”

After debate, the question was put on the amendment of Patricia Davidson and it was agreed to, by a show of hands: YEAS: 7; NAYS: 1.

Mathieu Ravignat moved, — That Bill C-520, in Clause 4, be amended by replacing lines 21 and 22 on page 3 with the following:

“applies or is selected for a position, in the office of an agent of Parliament, that includes decision-making responsibilities or is a position of influence.”

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

Clause 4, as amended, carried by a show of hands: YEAS: 6; NAYS: 3.

Clause 5 carried by a show of hands: YEAS: 6; NAYS: 1.

After debate, Clause 6 was negatived by a show of hands: YEAS: 0; NAYS: 8.

On Clause 7,

Charmaine Borg moved, — That Bill C-520, in Clause 7, be amended

(a) by replacing line 14 on page 4 with the following:

“7. (1) Every applicant for a position with influence and decision-making power in the”

(b) by replacing line 24 on page 4 with the following:

“(2) Every person who occupies a position with influence and decision-making power in the office of”

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

Charmaine Borg moved, — That Bill C-520, in Clause 7, be amended by replacing line 16 on page 4 with the following:

“possible after being hired, provide the”

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

Charmaine Borg moved, — That Bill C-520, in Clause 7, be amended by replacing line 29 on page 4 with the following:

“declaration of their intention to do so. The written declaration must be provided as soon as the Public Service Commission authorizes that person to seek nomination as a candidate in an election pursuant to section 114 of the Public Service Employment Act, when applicable, and otherwise as soon as possible. The”

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

Charmaine Borg moved, — That Bill C-520, in Clause 7, be amended

(a) by replacing lines 37 and 38 on page 4 with the following:

“Parliament must be submitted to the agent of Parliament within 30 days of his or her being”

(b) by replacing lines 41 and 42 on page 4 with the following:

“(2) must be submitted to the agent of Parliament within 30 days of the”

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

Clause 7 carried by a show of hands: YEAS: 6; NAYS: 3.

On Clause 8,

Patricia Davidson moved, — That Bill C-520, in Clause 8, be amended by replacing lines 1 and 2 on page 5 with the following:

“8. Every person referred to in section”

After debate, the question was put on the amendment of Patricia Davidson and it was agreed to, by a show of hands: YEAS: 8; NAYS: 1.

Clause 8, as amended, carried by a show of hands: YEAS: 6; NAYS: 3.

The Chair called Clause 9.

Debate arose thereon.

At 1:00 p.m., the Committee adjourned to the call of the Chair.

Chad Mariage
Clerk of the Committee

2014/05/15 9:39 a.m.