OGGO Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 40

Tuesday, May 13, 2003

The Standing Committee on Government Operations and Estimates met at 9:25 a.m. this day, in Room 362, East Block, the Chair, Reg Alcock, presiding.

Members of the Committee present: Reg Alcock, Roy Cullen, Raymonde Folco, Paul Forseth, Robert Lanctôt, Judy Sgro, Paul Szabo, Tony Tirabassi and Tony Valeri.

Acting Members present: Hélène Scherrer for Steve Mahoney; Peter Stoffer for Pat Martin; Yvon Godin for Pat Martin.

In attendance: From the Library of Parliament: Jack Stilborn, Analyst.

Witnesses: From the Human Resources Modernization Task Force: Ranald A. Quail, Deputy Minister and Head; Yvette Aloisi, Director General, Institutional Reform, Memorandum to the Cabinet Development; Michel LeFrançois, General Counsel; Lois Pearce, Director General, Policy; John Mooney, Legal Counsel.

Pursuant to its Order of Reference of Thursday, February 20, 2003, the Committee resumed consideration of Bill C-25, An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts (See Minutes of Proceedings, Thursday, February 27, 2003, Meeting No. 12).

The Committee resumed to Clause-by-Clause consideration of the Bill.

The witnesses answered questions.

The Chair called Clause 4.

After debate, Clause 4 was negatived.

By unanimous consent, Clause 4 was reopened.

By unanimous consent, Clauses 4, 33, 183, 212 and 214 were allowed to stand.

On Clause 5.

Tony Tirabassi moved, -- That Bill C-25, in Clause 5, be amended by replacing, in the English version, line 33 on page 103 with the following:

any of the powers or functions it is authorized to exercise

After debate, the question was put on the amendment, it was agreed to on division.

Clause 5 as amended carried on division.

Clause 6 carried on division.

Clause 7 carried on division.

On Clause 8.

Paul Forseth moved, -- That Bill C-25, in Clause 8, be amended by replacing lines 12 and 13 on page 107 with the following:

respect of those grievances;

(h) establish policies or issue directives respecting the disclosure by persons employed in the public service of information concerning wrongdoing in the public service and the protection from reprisal of persons who disclose such information in accordance with those policies or directives;
(i) establish policies or issue directives respecting the prevention of harassment in the workplace and the resolution of disputes relating to such harassment; and
(j) provide for any other matters, including

After debate, the question was put on the amendment, it was agreed to.

Clause 8 as amended carried on division.

Clause 9 carried on division.

Clause 10 carried on division.

Clause 11 carried on division.

On Clause 12.

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by replacing line 20 on page 112 with the following:

“incorporates the notion of linguistic duality while being representative of Canada's diversity and”

After debate, the question was put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by replacing line 35 on page 112 with the following:

“is accountable to Parliament, with the objective of actively promoting participation and diversity in the workplace in a spirit of openness;”

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS                                                 

Yvon Godin

Robert Lanctôt

Judy Sgro -- [3]

            NAYS

Raymonde Folco

Paul Forseth

Hélène Scherrer

Paul Szabo

Tony Tirabassi

Tony Valeri -- [6]

At 11:05, the attention of the Chair was drawn to the lack of a quorum and, fewer than 9 members having been counted, the Chair declared the Committee suspended for lack of quorum.

At 11:07 the Committee resumed its proceedings.

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by adding after line 35 on page 112 the following:

“the principles set out in the Employment Equity Act and the Canadian Human Rights Act must be taken into account when hiring employees;”

After debate, the questions was put on the amendment, it was negatived on division.

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by replacing lines 4 and 5 on page 113 with the following:

a public service that embodies linguistic duality and that is characterized by fair, transparent employment practices, respect for employees,

By unanimous consent, the amendment was allowed to stand.

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by replacing line 39 on page 114 with the following:

ries Act and any minister of State referred to in the Ministries and Ministers of State Act;

After debate, the question was put on the amendment, it was agreed to on division.

Paul Forseth moved, -- That Bill C-25, in Clause 12, be amended by adding after line 31 on page 115 the following:

(4) For greater certainty, a reference in this Act to abuse of authority shall be construed as including bad faith and personal favouritism.

After debate, the question was put on the amendment, it was agreed to.

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by replacing lines 19 to 21 on page 116 with the following:

“(3) The President and the other Commissioners shall serve on a full-time or a part-time basis in accordance with the requirements of the Commission.”

By unanimous consent, the amendment was allowed to stand.

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by replacing line 21 on page 116 with the following:

“part-time basis. A Commissioner shall be appointed to each of the three specific mandates of the Commission set out in section 11.”

By unanimous consent, the amendment was allowed to stand.

Roy Cullen moved, -- That Bill C-25, in Clause 12, be amended by:

(a) replacing lines 11 and 12 on page 116 with the following:

more other Commissioners.

(b) replacing lines 28 to 37 on page 116 with the following:

(5) The President and other Commissioners shall be appointed by the Governor in Council. The appointment of the President shall be made by commission under the Great Seal, after approval by resolution of the Senate and House of Commons.

(6) A Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.

(7) A Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.

(8) Before commencing his or her func-

After debate, the question was put on the amendment, it was agreed to on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by adding after line 6 on page 117 the following:

“(8) The Commissioners must possess the necessary knowledge or experience and be representative of the geographic and cultural diversity of Canada, as well as its linguistic duality.”

After debate, the question was put on the amendment, it was negatived on division.

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by adding after line 16 on page 118 the following:

“(3) The amounts appropriated to the Commission are approved by Parliament, and the Commission is under no obligation to submit its budget estimates to the Treasury Board.”

RULING BY THE CHAIR

This amendment is out of order at this time as it is beyond the scope and principle of the bill. (Marleau & Montpetit, p. 654)

At 12:57 p.m., the Committee adjourned to the call of the Chair.

Miriam Burke

Clerk of the Committee