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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