OGGO Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 41

Tuesday, May 13, 2003

The Standing Committee on Government Operations and Estimates met at 4:17 p.m. this day, in Room 237-C, Centre Block, the Chair, Reg Alcock, presiding.

Members of the Committee present: Reg Alcock, Carolyn Bennett, Paul Forseth, Robert Lanctôt, Judy Sgro, Paul Szabo, Tony Tirabassi and Tony Valeri.

Acting Members present: John O’Reilly for Steve Mahoney; Hélène Scherrer for Tony Valeri; Yvon Godin for Pat Martin; Alan Tonks for Roy Cullen; Marcel Proulx for Steve Mahoney; Joe Jordan for Tony Valeri; Paul Harold Macklin for Roy Cullen; Judi Longfield for Raymonde Folco; Joe Jordan for Raymonde Folco.

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; Monique Boudrias, Assistant Deputy Minister and Senior Advisor; Yvette Aloisi, Director General, Institutional Reform, Memorandum to the Cabinet Development; Michel LeFrançois, General Counsel; Lois Pearce, Director General, Policy; John Mooney, Legal Counsel. From the Treasury Board of Canada Secretariat: Glynnis French, Assistant Secretary, Human Resources Branch Strategic, Planning and Analysis Division; Philippe De Grandpré, Counsel, Justice Canada; Catherine MacQuarrie, Executive Director, Policy and Learning Division, Policy and Planning Sector, HRMO; Scott Searson, President, PSC.

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 Clause-by-Clause consideration of the Bill.

Debate resumed on Clause 12,

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by replacing line 39 on page 118 with the following:

“able, consult in good faith with the employer or any em-”

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

Paul Forseth moved, -- That Bill C-25, in Clause 12, be amended by replacing line 42 on page 118 with the following:

tions Act with respect to policies respecting the manner of making and revoking appointments or with respect to the principles govern-

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

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by replacing lines 15 and 16 on page 119 with the following:

deputy head to make appointments pursuant to an internal appointment process, the authorization

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 replacing line 3 on page 120 with the following:

“make recommendations to deputy heads, particularly in the exercise of its powers under subsection 30(2).”

By unanimous consent, the amendment was allowed to stand.

Robert Lanctôt moved, That Bill C-25, in Clause 12, be amended by replacing line 3 on page 120 with the following:

“make recommendations to deputy heads and order a deputy head to take such remedial actions as the Commission considers to be in the best interest of the public service.”

By unanimous consent, the amendment was allowed to stand.

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by replacing line 1 on page 122 with the following:

(f) respecting the disclosure of

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

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by

(a) in the English version, replacing line 5 on page 122 with the following:

            for the purposes of subsection 34(1);

(b) replacing line 9 on page 122 with the following:

            tions are to be conducted under Part 7; and

(i) respecting the manner of laying off employees and the manner of selecting employees to be laid off, for the purposes of section 64.

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 21 on page 122 the following:

“(3) The Commission may make a special report to Parliament at any time regarding any situation that, in the opinion of the Commission, requires the immediate attention of Parliament.”

After debate, by unanimous consent, the motion was withdrawn.

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by adding after line 21 on page 122 the following:

(3) The Commission may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the Commission where, in the opinion of the Commission, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the Commission.

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

(a) by replacing line 25 on page 123 with the following:

“(a) consult in good faith with the Commission, or any”

(b) by replacing, in the English version, line 32 on page 123 with the following:

“(b) consult in good faith with any employee organization”

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 13 on page 124 with the following:

“Act of Parliament, except regarding its obligation to consult with trade unions on the staffing process in order to jointly develop requirements and policies in that regard.”

Judy Sgro moved the following sub-amendment, -- That the amendment be amended by replacing, the term "trade union" with “bargaining agent”.

The question was put on the sub-amendment, it was agreed to.

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

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by replacing line 23 on page 124 with the following:

“made on the basis of individual or relative merit and must be free”

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 24 on page 124 the following:

“(1.2) The requirements and criteria applicable to each position must be communicated to employees and to the public. It is not necessary for the Commission to give consideration to more than one candidate in order to the requirements relating to merit referred to in subsection (1).”

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 24 on page 124 the following:

“(1.3) Positions may be filled by internal nomination unless, in the opinion of the Commission, it would not serve the best interests of the public service.”

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 24 on page 124 the following:

“(1.4) Employees of the core public administration may move to separate agencies, notwithstanding the Acts relating to these agencies.”

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 3 on page 125 with the following:

“the deputy head, including the need to reflect the diversity of the Canadian population in the composition of the public service.”

The question was put on the amendment, it was negatived on division.

The attention of the Chair was drawn to the lack of quorum and fewer than 9 members having been counted, the Chair declared the Committee suspended for lack of quorum.

At 6:08 p.m., the Committee resumed its hearings

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by adding after line 3 on page 125 the following:

“(2.1) The criteria for assessing merit mentioned in this Part are distributed to the employees and trade unions upon their establishment or modification, and are available to the public.”

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 9 on page 125 with the following:

“be relevant to the organization, including the need to reflect the diversity of the Canadian population in the composition of the public service.”

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 12 on page 125 with the following:

“appointment to be made on the basis of individual merit.”

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

At 6:45 p.m., the sitting was suspended.

At 7:20 p.m., the sitting resumed.

The Committee resumed consideration of Clause 12.

Robert Lanctôt moved, -- That Bill C-25, in Clause 12, be amended by adding after line 12 on page 125 the following:

“(5) A selection on the basis of merit referred to in subsection 30(2) may be made in any of the following circumstances:

(a) when an employee is to be promoted within an apprenticeship or professional training program;

(b) when an employee is to be appointed to their reclassified position and

(i) the position has been reclassified as a result of a classification audit or grievance,

(ii) the position is one of a group of similar occupied positions in the same occupational group and level within the same part of an organization that have all been reclassified to the same occupational group and level, or

(iii) there are no other similar occupied positions in the same occupational group and level within the same part of the organization;

(c) the appointment for an indeterminate period, to a position at the same substantive level, or to an equivalent occupational group and level, of an employee who is appointed for a specified period and who has accumulated five or more years of service without a break in service of more than 60 consecutive days under the criteria set out in the Long Term Specified Period Employment Policy established by the Treasury Board and dated June 10, 1999;

(d) when a person who is a member of a disadvantaged group is to be appointed in accordance with an employment equity program;

(e) in an emergency situation, when a person is to be appointed for a specified period, if the appointment cannot be made under subsection 21(2) of the Public Service Employment Regulations, 2000;

(f) if an employee who has been found qualified by the Commission at the EX-1 level within the Career Assignment Program is to be appointed at that level;

(g) when an employee is to be promoted within an occupational group in which positions are classified according to the qualifications of the incumbents;

(h) when an employee is to be promoted within the Law Group from the LA-01 to the LA-2A level;

(i) when a person is to be appointed to one of a class of similar positions in the same occupational group and level from a pre-qualified pool established by the Commission for that purpose, if the person meets

(i) the security, reliability and medical conditions of employment in respect of the position, and

(ii) the condition of appointment set out in section 5.1 of the Student Employment Programs Regulations; and

(j) when a person is to be appointed to a position that belongs to a shortage group.

(6) In all other circumstances, appointments shall be made on the basis of relative merit.”

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 12 on page 125 the following:

“(5) Regulations will prescribe that the recruiting of internal employees shall be preferred.”

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

Carolyn Bennett moved, -- That Bill C-25, in Clause 12, be amended by replacing line 12 on page 126 with the following:

“ments or an employee of the Library of Parliament, or an employee of the Senate or House of Commons who is not a partisan appointee”

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

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by

(a) in the English version, replacing line 16 on page 126 with the following:

entitles all employees to be considered, as long as the person

(b) in the English version, replacing line 28 on page 126 with the following:

entitles all persons employed in the public service to be considered, as

(c) replacing lines 37 and 38 on page 126 with the following:

tion 34 entitles all employees to be considered, as long as the person meets the other

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 3 on page 127 the following:

“(6) People working for the core public administration may apply for positions within separate agencies in certain circumstances.”

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 34 on page 129 the following:

“(7) The Commission may refrain from making the appointments mentioned in subsections (2) and (3) if, in the opinion of the Commission, the Commission could be perceived as compromizing the impartiality of the public service.”

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 26 on page 130 the following:

“46.1 Where the Commission considers it appropriate, the Commission may report to the Governor in Council any matter regarding its responsibilities.”

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

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by replacing line 14 on page 132 with the following:

(3) A deployment

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 17 on page 133 the following:

“53.1 The trade union of a deployed employee or the trade union of the work unit where the deployment takes place may present a grievance against the deployment on the basis that this deployment is contrary to a provision of this Act or constitutes an abuse of authority.”

Judy Sgro moved the following sub-amendment, -- That the amendment be amended by replacing, the term "trade union" with “bargaining agent”.

The question was put on the sub-amendment, it was agreed to.

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

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by

(a) replacing, in the French version, line 19 on page 134 with the following:

            une durée déterminée.

(b) replacing, in the English version, line 21 on page 134 with the following:

            specified term ceases to be an employee at the

(c) replacing, in the English version, lines 24 and 25 on page 134 with the following:

            (2) A deputy head may extend a specified term referred to in subsection (1), and           such an

(d) by adding after line 28 on page 134 the following:

            (3) This section does not apply in respect of appointments made on an acting     basis.

(e) replacing line 34 on page 134 with the following:

            nate in the employee's substantive position, at the end of

(f) replacing, in the English version, lines 38 and 39 on page 134 with the following:

            (2) A conversion under subsection (1) does not

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

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by

(a) replacing line 15 on page 136 with the following:

            accordance with the regulations of the Commission,

(b) replacing lines 21 to 23 on page 136 with the following:

            organization will be laid off, the employees to be laid off shall be selected in        accordance with the regulations of the Commission.

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 replacing line 38 on page 136 with the following:

“(2) An employee may also make a complaint under”

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

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by adding after line 13 on page 137 the following:

(5) Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act, the complainant shall, in accordance with the regulations of the Tribunal, notify the Canadian Human Rights Commission of the issue.

(6) Where the Canadian Human Rights Commission is notified of an issue pursuant to subsection (5), it may make submissions to the Tribunal with respect to that issue.
 
(7) In considering whether a complaint is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value.
 
(8) Corrective action may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act.

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 13 on page 138 the following:

“67.1 The Commission is empowered to investigate allegations of abuse of authority regarding the conversion of an appointment for an indefinite term into a permanent appointment.”

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 13 on page 138 the following:

“67.2 The Commission may revoke appointments or take other corrective actions if it is satisfied that the appointments were unduly made.”

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 1 on page 140 with the following:

“77. (1) When the Commission, or a deputy head authorized under section 15, has made or”

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

a) by replacing lines 8 and 9 on page 140 with the following:

  “the appointment or the proposal for appointment constitutes”

b) by replacing, in the French version, line 11 on page 140 with the following:

   “a) un abus de pouvoir de la part de la Commis-”

c) by replacing, in the French version, line 15 on page 140 with the following :

   “b) un abus de pouvoir de la part de la Commis-”

d) by replacing, in the French version, line 19 on page 140 with the following 

  “c) une omission de la part de la Commission”

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 lines 10 and 11 on page 140 with the following:

“(a) an abuse of authority, or a failure to comply with the law as a result of giving weight to irrelevant considerations, by the Commission or by the deputy head, acting in accordance with authority conferred under section 15, in the exercise of its”

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 13 on page 140 the following:

“(a.1) the failure of the Commission or of the deputy head to fairly evaluate the qualifications as the result of an error, omission or misconduct;”

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 lines 14 and 15 on page 140 with the following:

“(b) an abuse of authority, or a failure to comply with the law as a result of giving weight to irrelevant considerations, by the Commission or by the deputy head, acting in accordance with authority conferred under section 15, in choosing between an advertised and”

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 18 on page 140 with the following:

“(c) the failure of the Commission or of the deputy head, acting in accordance with authority conferred under section 15, to assess”

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 41 on page 142 the following:

“87.1 A party mentioned in section 14 or 27 may, in the manner and within the time limit determined in the regulations respecting the Tribunal, make a complaint before the Tribunal regarding a breach to the obligation to consult with the parties concerned in good faith.”

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 29 on page 143 the following:

“(7) The Governor in Council shall insure that the members are able, as a group, to hear complaints in either official language, in accordance with section 16 of the Official Languages Act.”

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

YEAS                                                 

            Yvon Godin

Robert Lanctôt -- [2]

NAYS

            Carolyn Bennett

Paul Forseth

Marcel Proulx

Judy Sgro

Paul Szabo

Tony Tirabassi

Tony Valeri -- [7]

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by replacing line 15 on page 149 with the following:

under subsection 65(5) or section 78; and

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

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by replacing line 16 on page 149 with the following:

(e) the disclosure of

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 19 on page 149 the following:

“(2) The Tribunal may make regulations for the purpose of preventing the disclosure of the standardized tests developed by the Commission.”

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

Paul Forseth moved, -- That Bill C-25, in Clause 12, be amended by

(a) replacing lines 16 to 19 on page 150 with the following:

            or in opposition to a candidate before or during an election period; or

            (c) seeking nomination as or being a candidate in an election before or during     the election period.

(b) replacing lines 19 to 44 on page 151 with the following:

114. (1) An employee may seek nomination as a candidate in an federal, provincial or territorial election before or during the election period only if the employee has requested and obtained permission from the Commission to do so.

(2) An employee may, before the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained permission from the Commission to do so.

(3) An employee may, during the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained a leave of absence without pay from the Commission.

 (4) The Commission may grant permission for the purpose of subsection (1) or (2) only if it is satisfied that the employee's ability to perform his or her duties in a politically impartial manner will not be impaired or perceived to be impaired.

(5) The Commission may grant leave for the purpose of subsection (3) only if it is satisfied that being a candidate during the election period will not impair or be perceived as impairing the employee's ability to perform his or her duties in a politically impartial manner.

(6) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee's ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee's duties and the level and visibility of the employee's position.

(7) The Commission may make permission under subsection (4) conditional on the employee taking a leave of absence without pay for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be.

(8) An employee ceases to be an employee on the day he or she is declared elected in a federal, provincial or territorial election.

115. (1) An employee may seek nomination as, or be, a candidate in a municipal election before or during the election period,

(c) replacing lines 19 to 21 on page 152 with the following:

            without pay

            (i) for the period or any part of the period in which he or she seeks nomination as           a candidate, or for the period or any part of the period in which he or she is a             candidate before the election period, as the case may be, or
            (ii) for the period in which he or she is a candidate during the election period; and

(d) replacing lines 25 to 27 on page 152 with the following:

            116. On granting an employee permission under subsection 114(4), leave under             subsection 114(5) or permission under subsection 115(2), the Commission shall

(e) replacing lines 37 and 38 on page 152 with the following:

            employee has failed to comply with any of subsections 113(1), 114(1) to (3) and           115(1) and, if it

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

Tony Valeri moved, -- That Bill C-25, in Clause 12, be amended by replacing line 28 on page 150 with the following:

Under subsection 4 (5) and the Chairperson of

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 replacing lines 2 to 4 on page 153 with the following:

“any allegation, concerning an employee or a deputy head and made to it by a person who is or has been a candidate in an election, that a deputy head has contravened section 117, or on any issue respecting political activities, and,”

Robert Lanctôt moved the following sub-amendment, -- That the amendment be amended by removing the words “and made to it by a person who is or has been a candidate in an election” and “ or on any issue respecting political activities”

The question was put on the sub-amendment, it was negatived on division.

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

Tony Tirabassi moved, -- That Bill C-25, in Clause 12, be amended by replacing line 5 on page 157 with the following:

five years after this section comes into force,

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 replacing lines 7 to 10 on page 157 with the following:

“review to be laid before a Parliamentary committee on any of the first fifteen days on which the House is sitting after the review is completed and the Parliamentary committee shall, within one year after the report is laid, submit its report to Parliament.”

Marcel Proulx moved the following sub-amendment, -- That all references to “Parliament” be replaced by “House of Commons”.

The question was put on the sub-amendment, it was agreed to.

After debate, by unanimous consent, the motion was withdrawn.

The Committee reverted back to the following amendment:

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,

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 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.”

“(4) A Commissioner shall be appointed to each of the three specific mandates of the Commission set out in section 11.”

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 lines 1 to 3 on page 120 with the following:

“17. (1)The Commission may conduct audits on any matter within its jurisdiction and on the exercise, by deputy heads, of their authority under subsection 30(2)”

“(2) After conducting audits the Commission may make recommendations to deputy heads, and, order a deputy head to take such remedial actions as the Commission consider to be in the best interest of the public service.”

By unanimous consent, the second part of the amendment (“(2) After conducting audits the Commission may make recommendations to deputy heads, and, order a deputy head to take such remedial actions as the Commission consider to be in the best interest of the public service.”) was withdrawn.

Paul Szabo moved the following sub-amendment,-- That the amendment be amended by inserting the words “and may make recommendations to deputy heads”

The question was put on the sub-amendment, it was agreed to.

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

Clause 12 was allowed to stand.

Paul Szabo moved, -- That the Committee do now adjourn.

The question was put on the motion, it was negatived.

Clause 13 carried on division.

The Chair called Clause 14

Tony Valeri moved, -- That Bill C-25, in Clause 14, be amended by

(a) replacing lines 21 and 22 on page 157 with the following:

            Commissioners.

(b) replacing lines 1 to 10 on page 158 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-

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

Clause 14 as amended carried on division.

Clause 15 carried on division.

Clause 16 carried on division.

The Chair called Clause 17.

Paul Forseth moved, -- That Bill C-25, in Clause 17, be amended by

(a) replacing lines 29 to 32 on page 160 with the following:

            or in opposition to a candidate before or during an election period; or

            (c) seeking nomination as or being a candidate in an election before or during the           election period.

(b) replacing lines 29 to 40 on page 161 and lines 1 to 14 on page 162 with the following:

32.3 (1) An employee may seek nomination as a candidate in an federal, provincial or territorial election before or during the election period only if the employee has requested and obtained permission from the Commission to do so.

(2) An employee may, before the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained permission from the Commission to do so.

(3) An employee may, during the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained a leave of absence without pay from the Commission.

(4) The Commission may grant permission for the purpose of subsection (1) or (2) only if it is satisfied that the employee's ability to perform his or her duties in a politically impartial manner will not be impaired or perceived to be impaired.
 
(5) The Commission may grant leave for the purpose of subsection (3) only if it is satisfied that being a candidate during the election period will not impair or be perceived as impairing the employee's ability to perform his or her duties in a politically impartial manner.
 
(6) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee's ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee's duties and the level and visibility of the employee's position.

(7) The Commission may make permission under subsection (4) conditional on the employee taking a leave of absence without pay for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be.

(8) An employee ceases to be an employee on the day he or she is declared elected in a federal, provincial or territorial election.

33. (1) An employee may seek nomination as, or be, a candidate in a municipal election before or during the election period,

(c) replacing lines 36 to 38 on page 162 with the following:

without pay

(i) for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be, or
(ii) for the period in which he or she is a candidate during the election period; and

(d) replacing lines 1 to 3 on page 163 with the following:

33.1 On granting an employee permission under subsection 32.3(4), leave under subsection 32.3(5) or permission under subsection 33(2), the Commission shall

(e) replacing lines 13 and 14 on page 163 with the following:

employee has failed to comply with any of subsections 32.2(1), 32.3(1) to (3) and 33(1) and, if it

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

Tony Valeri moved, -- That Bill C-25, in Clause 17, be amended by replacing line 4 on page 161 with the following:

3(5) and the Chairperson of the Tribunal

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

Clause 17, as amended, carried on division.

Clause 18 carried on division.

After debate, Clause 19 carried on division.

Clause 20 carried on division.

Clauses 21 to 23 carried severally on division.

The Chair called Clause 24.

Robert Lanctôt moved, -- That Bill C-25, in Clause 24, be amended

(a) by replacing, in the English version, line 44 on page 169 with the following:

“agement and public administration;”

(b) by replacing line 5 on page 170 with the following:

“lence in public administration; and

(i) to provide employees with the language training they might need to master the languages needed to hold a bilingual position in order to insure the enforcement of the Official Languages Act and to help employees in reaching their career objectives.”

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

Clause 24 carried on division.

Clause 25 carried on division.

Clause 26 carried on division.

The Chair called Clause 27.

Robert Lanctôt moved, -- That Bill C-25, in Clause 27, be amended by replacing line 31 on page 171 with the following:

“their terms will expire in any year, and at least three governors shall be appointed by bargaining agents representing Public Service employees.”

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

Clause 27 carried on division.

The Chair called Clause 28.

Robert Lanctôt moved, -- That Bill C-25, in Clause 28, be amended by replacing lines 34 and 35 on page 171 with the following:

“(3) The Secretary of the Treasury Board”

By unanimous consent, the Committee agreed to invite Scott Searson to the table.

Mr. Searson answered questions.

The question being put on the amendment, it was negatived on division.

Clause 28 carried on division.

Clauses 29 to 32 carried severally on division.

The Chair called Clause 33.

Clause 33 was allowed to stand.

Clauses 34 through 84 carried severally on division.

The Chair called new Clause 84.1.

Robert Lanctôt moved, -- That Bill C-25 be amended by adding after line 15 on page 188 the following:

“84.1 There shall be a mandatory consultation with the bargaining agents on the establishment of the criteria to determine the manner of selecting the employees to be laid off.”

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

New Clause 84.1 was negatived on division.

Clauses 85 through 183 carried severally on division.

Clause 184 was allowed to stand.

Clauses 185 through 207 carried on division.

The Chair called Clause 208.

Tony Tirabassi moved, -- That Bill C-25, in Clause 208, be amended by replacing lines 33 to 38 on page 228 with the following:

the federal public administration, is transferred from one minister to another, or from one department in, or portion of, the federal public administration to another, the

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

Paul Szabo moved, -- That the Committee do now adjourn.

The question was put on the motion, it was agreed to.

At 00:10 a.m., the Committee adjourned to the call of the Chair.

 

 

Miriam Burke

Clerk of the Committee