CC2 Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 25

Tuesday, June 13, 2006

The Legislative Committee on Bill C-2 met in a televised session at 3:32 p.m. this day, in Room 237-C, Centre Block, the Chair, David Tilson, presiding.

Members of the Committee present: Monique Guay, Hon. Marlene Jennings, Tom Lukiwski, Pat Martin, James Moore, Rob Moore, Brian Murphy, Richard Nadeau, Hon. Stephen Owen, Daniel Petit, Pierre Poilievre, Benoît Sauvageau, David Tilson and Alan Tonks.

In attendance: Library of Parliament: Katherine Kirkwood, Analyst ; Kristen Douglas, Analyst . House of Commons: Susan Baldwin, Legislative Clerk ; Joann Garbig, Legislative Clerk.

Witnesses: Treasury Board of Canada Secretariat: Susan M.W. Cartwright, Assistant Secretary. Department of Justice: Joe Wild, Senior Counsel, Legal Services, Treasury Board Portfolio.

Pursuant to the Order of Reference of Thursday, April 27, 2006, the Committee resumed consideration of Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability.

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

The witnesses answered questions.

On Clause 144,

Pat Martin moved, — That Bill C-2, in Clause 144, be amended by adding after line 35 on page 111 the following:

“3.01 For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.”

Pierre Poilievre moved, — That the amendment be amended by replacing the proposed text with the following:

“3.01 (1) For greater certainty, any provision of this Act that applies to a government institution that as a parent Crown corporation applies to any of its subsidiaries within the meaning of section 83 of the Financial Administration Act.

(2) For greater certainty, the Canadian Race Relations Foundation and the Public Sector Pension Investment Board are parent Crown corporations for the purposes of this Act.”

After debate, the question was put on the subamendment of Pierre Poilievre and it was agreed to, by a show of hands: YEAS: 8; NAYS: 4.

The question was put on the amendment of Pat Martin, as amended, and it was agreed to, by a show of hands: YEAS: 9; NAYS: 3.

On new Clause 145.1,

Pat Martin moved, — That Bill C-2 be amended by adding after line 25 on page 112 the following new clause:

145.1 (1) The portion of subsection 5(1) of the French version of the Act before paragraph (b) is replaced by the following:

“5. (1) Le ministre désigné fait publier, selon une périodicité au moins annuelle, un répertoire donnant l’information suivante :

a) pour chaque institution fédérale, son organigramme et ses attributions, ainsi que les programmes et fonctions de ses différents services;

(2) Subsection 5(1) of the Act is amended by striking out the word “and” at the end of paragraph (c), by adding the word “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(d.1) a list of all government institutions that are not set out in Schedule I.”

RULING BY THE CHAIR

This amendment proposes to amend the availability of information concerning government institutions under the Access to Information Act.

House of Commons Procedure and Practice states at page 654: ...an amendment is inadmissible if it amends a statute that is not before the committee or a section of the parent Act unless it is being specifically amended by a clause of the bill.

Since section 5 of the Access to Information Act is not being amended by Bill C-2, it is inadmissible to propose such an amendment. Therefore, this amendment is inadmissible.

On Clause 164,

On motion of Pat Martin, it was agreed, — That Bill C-2, in Clause 164, be amended by adding after line 20 on page 118 the following:

“(2) Subsection 77(1) of the Act is amended by striking out the word “and” at the end of paragraph (g), by adding the word “and” at the end of paragraph (h) and by adding the following after paragraph (h):

(i) prescribing criteria for adding a body or office to Schedule I.”

Clause 143, as amended, carried by a show of hands: YEAS: 9; NAYS: 3.

Accordingly, Clauses 144, 145, 147 and 164 carried as amended.

Clause 161 carried on division.

On Clause 146,

Pat Martin moved, — That Bill C-2, in Clause 146, be amended by replacing lines 28 to 39 on page 112 with the following:

16.1 (1) The Auditor General of Canada shall refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of the Auditor General of Canada in the course of an investigation, examination or audit conducted by or under the authority of the Auditor General of Canada.

(2) The following heads of government institutions shall refuse to disclose any record requested under this Act that contains information that was obtained or created by them or on their behalf in the course of an investigation or audit conducted by them or under their authority:

(a) the Commissioner of Official Languages for Canada;

(b) the Information Commissioner; and

(3) However, the heads of the government institutions mentioned in subsection (2) may not refuse to disclose any record that was created by them or on their behalf in the course of an investigation or audit conducted by them or under their authority once the investigation or audit is complete and all related proceedings, if any, are final.

Pierre Poilievre moved, — That the amendment be amended by replacing the proposed text of paragraph 16.1 (3) with the following:

“(3) However, the head of a government institution referred to in subsection (2) shall not refuse under that subsection to disclose any record that contains information that was created by them or on their behalf in the course of an investigation or audit conducted by them or under their authority once the investigation or audit and all related proceedings, if any, are finally concluded.”

After debate, the question was put on the subamendment of Pierre Poilievre and it was agreed to, by a show of hands: YEAS: 10; NAYS: 2.

The question was put on the amendment of Pat Martin, as amended, and it was agreed to, by a show of hands: YEAS: 10; NAYS: 2.

Clause 146, as amended, carried on division.

On Clause 147,

On motion of Pierre Poilievre, it was agreed, — That Bill C-2, in Clause 147, be amended by replacing lines 1 to 5 on page 113 with the following:

“16.3 Subject to section 541 of the Canada Elections Act, the Chief Electoral Officer shall refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of their functions under the”

Clause 147, as amended, carried on division.

On Clause 148,

On motion of Stephen Owen, it was agreed, — That Bill C-2, in Clause 148, be amended

(a) by replacing lines 10 to 16 on page 113 with the following:

“reasonably be expected to prejudice the competitive position of a government institution or to interfere”

(b) by replacing lines 24 to 26 on page 113 with the following:

“injurious to the financial interests of a government institution or to the ability of the”

Clause 148, as amended, carried on division.

Clause 149 carried on division.

On Clause 150,

Pat Martin moved, — That Bill C-2, in Clause 150, be amended by deleting lines 13 to 20 on page 114.

The question was put on the amendment of Pat Martin and it was agreed to, by a show of hands: YEAS: 7; NAYS: 5.

Pat Martin moved, — That Bill C-2, in Clause 150, be amended by replacing line 27 on page 114 with the following:

“the advice or information as confidential and if the record came into existence less than twenty years before the request was made.”

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

At 4:43 p.m., the sitting resumed.

By unanimous consent, the amendment was withdrawn.

Marlene Jennings moved, — That Bill C-2, in Clause 150, be amended by adding after line 27 on page 114 the following:

“20.3 The head of the Canada Foundation for Sustainable Development Technology shall refuse to disclose a record requested under this Act that contains information — including facts, data, opinions, external assessments and comments — obtained or created by the Foundation in relation to applicants, applications for funding, eligible projects and eligible recipients.”

After debate, the question was put on the amendment of Marlene Jennings and it was negatived, by a show of hands: YEAS: 5; NAYS: 7.

Clause 150, as amended, carried on division.

Clause 151 carried on division.

On Clause 152,

Pat Martin moved, — That Bill C-2, in Clause 152, be amended by replacing lines 12 to 14 on page 115 with the following:

“to disclose a draft report of an internal audit of a government institution if a final report of the audit has been published or if a final report of the”

The question was put on the amendment of Pat Martin and it was agreed to, by a show of hands: YEAS: 10; NAYS: 2.

Clause 152, as amended, carried on division.

Clauses 153 to 160 inclusive carried on division severally.

On new Clause 161.1,

Pat Martin moved, — That Bill C-2 be amended by adding after line 34 on page 117 the following new clause:

“161.1 Section 69 of the Act is replaced by the following:

69. (1) The head of a government institution shall refuse to disclose any record requested under this Act that contains confidences of the Queen’s Privy Council for Canada.

(2) In this section,

“confidences of the Queen’s Privy Council for Canada” means information which, if disclosed, would reveal the substance of deliberations of Council or the substance of deliberations between or among ministers;

“Council” means the Queen's Privy Council for Canada, committees of the Queen's Privy Council for Canada, Cabinet and committees of Cabinet.

(3) Subsection (1) does not apply to

(a) confidences of the Queen’s Privy Council for Canada that have been in existence for fifteen years or more;

(b) background explanations, analyses of problems, or policy options presented to Council for consideration by Council in making decisions, if

(i) the decisions to which the information relates have been made public, or

(ii) four years have passed since the decisions were made; or

(i) the decisions or the substance of the decisions have been made public, or

(ii) four years have passed since the decisions were made.”

The Chair ruled the proposed amendment inadmissible because it sought to amend sections of the parent Act not amended by the Bill, as provided on page 654 of House of Commons Procedure and Practice.

Clause 162 carried on division.

Clause 163 carried on division.

On New Clause 163.1,

On motion of Pat Martin, it was agreed on division, — That Bill C-2 be amended by adding after line 11 on page 118 the following new clause:

“163.1 The Act is amended by adding the following after section 72:

72.1 The head of a department or a ministry of state of the Government of Canada shall publish an annual report of all expenses incurred by his or her office and paid out of the Consolidated Revenue Fund.”

New Clause 163.1 carried on division.

On Clause 165,

Pat Martin moved, — That Bill C-2, in Clause 165, be amended by replacing lines 21 to 39 on page 118 with the following:

“165. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:

Atlantic Pilotage Authority

Administration de pilotage de l’Atlantique

Bank of Canada

Banque du Canada

Blue Water Bridge Authority

Administration du pont Blue Water

Business Development Bank of Canada

Banque de développement du Canada

Canada Council for the Arts

Conseil des Arts du Canada

Canada Deposit Insurance Corporation

Société d’assurance-dépôts du Canada

Canada Development Investment Corporation

Corporation de développement des investissements du Canada

Canada Lands Company Limited

Société immobilière du Canada limitée

Canada Mortgage and Housing Corporation

Société canadienne d’hypothèques et de logement

Canadian Air Transport Security Authority

Administration canadienne de la sûreté du transport aérien

Canadian Commercial Corporation

Corporation commerciale canadienne

Canadian Dairy Commission

Commission canadienne du lait

Canadian Museum of Civilization

Musée canadien des civilisations

Canadian Museum of Nature

Musée canadien de la nature

Canadian Race Relations Foundation

Fondation canadienne des relations raciales

Canadian Tourism Commission

Commission canadienne du tourisme

Cape Breton Development Corporation

Société de développement du Cap-Breton

Cape Breton Growth Fund Corporation

Corporation Fonds d’investissement du Cap-Breton

Defence Construction (1951) Limited

Construction de défense (1951) Limitée

Enterprise Cape Breton Corporation

Société d’expansion du Cap-Breton

Farm Credit Canada

Financement agricole Canada

The Federal Bridge Corporation Limited

La Société des ponts fédéraux Limitée

Freshwater Fish Marketing Corporation

Office de commercialisation du poisson d’eau douce

Great Lakes Pilotage Authority

Administration de pilotage des Grands Lacs

International Development Research Centre

Centre de recherches pour le développement international

The Jacques-Cartier and Champlain Bridges Inc.

Les Ponts Jacques-Cartier et Champlain Inc.

Laurentian Pilotage Authority

Administration de pilotage des Laurentides

Marine Atlantic Inc.

Marine Atlantique S.C.C.

National Capital Commission

Commission de la capitale nationale

National Gallery of Canada

Musée des beaux-arts du Canada

National Museum of Science and Technology

Musée national des sciences et de la technologie

Old Port of Montreal Corporation Inc.

Société du Vieux-Port de Montréal Inc.

Pacific Pilotage Authority

Administration de pilotage du Pacifique

Parc Downsview Park Inc.

Parc Downsview Park Inc.

Queens Quay West Land Corporation

Queens Quay West Land Corporation

Ridley Terminals Inc.

Ridley Terminals Inc.

Royal Canadian Mint

Monnaie royale canadienne

The Seaway International Bridge Corporation, Ltd.

La Corporation du Pont international de la voie maritime, Ltée

Standards Council of Canada

Conseil canadien des normes

Telefilm Canada

Téléfilm Canada”

After debate, the question was put on the amendment of Pat Martin and it was agreed to, by a show of hands: YEAS: 10; NAYS: 2.

Clause 165, as amended, carried on division.

On New Clause 165.1,

Pat Martin moved, — That Bill C-2 be amended by adding after line 39 on page 118 the following:

“165.1 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Canadian Wheat Board

Commission canadienne du blé”

After debate, the question was put on the amendment of Pat Martin and it was agreed to, by a show of hands: YEAS: 8; NAYS: 3.

Clause 165.1, as amended, carried.

On Clause 166,

Benoît Sauvageau moved, — That Bill C-2, in Clause 166, be amended by replacing lines 1 to 9 on page 119 with the following:

“Aboriginal Healing Foundation

Fondation autochtone de guérison

Asia-Pacific Foundation of Canada

Fondation Asie-Pacifique du Canada

Canada Foundation for Innovation

Fondation canadienne pour l’innovation

Canada Foundation for Sustainable Development Technology

Fondation du Canada pour l’appui technologique au développement durable

Canada Health Infoway

Inforoute Santé du Canada

Canada Millennium Scholarship Foundation

Fondation canadienne des bourses d’études du millénaire

Canadian Council on Learning

Conseil canadien sur l’apprentissage

Canadian Foundation for Climate and Atmospheric Sciences

Fondation canadienne pour les sciences du climat et de l'atmosphère

Canadian Health Services Research Foundation

Fondation canadienne de la recherche sur les services de santé

Canadian Institute for Health Information

Institut canadien d’information sur la santé

Canadian Institute for Research on Linguistic Minorities

Institut canadien de recherche sur les minorités linguistiques

Canadian Network for the Advancement of Research, Industry and Education

Réseau canadien pour l'avancement de la recherche, de l'industrie et de l'enseignement

Clayoquot Biosphere Trust Society

Clayoquot Biosphere Trust Society

Forum of Federations

Forum des fédérations

Frontier College Foundation

Fondation du Collège Frontière

Genome Canada

Génome Canada

Green Municipal Funds

Fonds municipaux verts

Pacific Salmon Endowment Fund

Fonds de dotation pour le saumon du Pacifique

The Canadian Institute for Advanced Research

L'Institut canadien de recherches avancées

The Pierre Elliott Trudeau Foundation

La Fondation Pierre-Elliott-Trudeau”

At 5:18 p.m., the sitting was suspended.

At 5:22 p.m., the sitting resumed.

Pierre Poilievre moved, — That the amendment be amended by replacing the proposed text with the following:

“Asia-Pacific Foundation of Canada

Fondation Asie-Pacifique du Canada

Canada Foundation for Innovation

Fondation canadienne pour l'innovation

Canada Foundation for Sustainable Development Technology

Fondation du Canada pour l'appui technologique au développement durable

Canada Millennium Scholarship Foundation

Fondation canadienne des bourses d'études du millénaire

The Pierre Elliott Trudeau Foundation

La Fondation Pierre-Elliott-Trudeau”

At 5:33 p.m., the Committee adjourned to the call of the Chair.

Miriam Burke
Clerk of the Committee

2006-06-30 2:03 p.m.