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MINUTES OF PROCEEDINGS
 
Meeting No. 24
 
Tuesday, June 13, 2006
 

The Legislative Committee on Bill C-2 met in a televised session at 8:03 a.m. this day, in Room 237-C, Centre Block, the Chair, David Tilson, presiding.

 

Members of the Committee present: Dean Del Mastro, Monique Guay, Hon. Marlene Jennings, Tom Lukiwski, Pat Martin, James Moore, Rob Moore, Brian Murphy, 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: Department of Justice: Michel Bouchard, Associate Deputy Minister; Joe Wild, Senior Counsel, Legal Services, Treasury Board Portfolio; Michèle Hurteau, Senior Counsel. Treasury Board of Canada Secretariat: Susan M.W. Cartwright, Assistant Secretary, Accountability in Government. Department of Finance: Werner Heiss, Director and General Counsel, General Legal Services. Office of the Commissioner of Review Tribunals Canada Pension Plan/Old Age Security (CPP)/OAS)): Chantal Proulx, Legal Counsel, Legal Services.

 
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.

 

On Clause 89,

 

The Committee resumed consideration of the subamendment of Pierre Poilievre, — That the amendment be amended by substituting the following for the proposed text:

16.2 (1) The Commissioner of Lobbying shall refuse to disclose any record requested under this Act that contains information that was obtained or created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner.

(2) However, the Commissioner shall not refuse under subsection (1) to disclose any record that contains information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded.”

 

The question was put on the subamendment and the result of the vote was announced: YEAS: 6; NAYS: 6.

Whereupon, the Chair voted in the negative.

Accordingly, the subamendment was negatived.

 

At 8:17 a.m., the sitting was suspended.

At 8:19 a.m., the sitting resumed.

 

After debate, the question was put on the amendment and the result of the vote was announced: YEAS: 6; NAYS: 6.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

 

Clause 65 carried.

 

Accordingly clauses 66 to 88 and 89 to 98 carried.

 

On New Clause 88.1,

 

RULING BY THE CHAIR

The vote on new clause 88.1 will apply to new clause 88.2 and to the proposed amendment to clause 83, although clause 83 will be voted on separately.

 
Pierre Poilievre moved, — That Bill C-2 be amended by adding after line 42 on page 81 the following new clause:

88.1 (1) No individual who was a member of a transition team who ceased to carry out his or her functions as a transition team member after January 24, 2006 but before the coming into force of section 10.11 of the other Act, as enacted by section 75 of this Act, shall, during a period of five years after the day on which he or she ceased to carry out those functions

(a) carry on any of the activities referred to in paragraph 5(1)(a) or (b) of the other Act in the circumstances referred to in subsection 5(1) of the other Act;

(b) if the individual is employed by an organization, carry on any of the activities referred to in paragraph 7(1)(a) of the other Act on behalf of that organization; and

(c) if the individual is employed by a corporation, carry on any of the activities referred to in paragraph 7(1)(a) of the other Act on behalf of that corporation if carrying on those activities would constitute a significant part of the individual’s work on its behalf.

(2) Subsection (1) does not apply to a member of a transition team in respect of any activities referred to in that subsection that were carried out before the day on which this Act is assented to.

(3) Every individual who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

(4) Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than five years after the day on which the registrar referred to in section 8 of the other Act became aware of the subject-matter of the proceedings but, in any case, not later than ten years after the day on which the subject-matter of the proceedings arose.

(5) For the purposes of this section, members of a transition team are those persons identified by the Prime Minister as having had the task of providing support and advice to him or her during the transition period leading up to the swearing in of the Prime Minister and his or her ministry.

88.2 The registrar referred to in section 8 of the other Act may make public the nature of an offence committed under section 88.1, the name of the person who committed it and the punishment imposed.”

 

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

 

Accordingly, New Clauses 88.1 and 88.2 and the amendment to Clause 88 carried.

 

Clause 83, as amended, carried on division.

 

On Clause 99,

Benoît Sauvageau moved, — That Bill C-2, in Clause 99, be amended by replacing lines 8 and 9 on page 84 with the following:

“to a fine of not more than $50,000.”

 

The question was put on the amendment and the result of the vote was announced: YEAS: 6; NAYS: 6.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

 
Pat Martin moved, — That Bill C-2, in Clause 99, be amended by adding after line 5 on page 86 the following:

41.4 Any member of the House of Commons who was elected with the endorsement of a registered political party and ceases to be a member of the caucus of that party during the term for which he or she was elected shall sit in the House of Commons as an independent and shall be considered as such for all proceedings in the House of Commons during the remainder of the member's term.”

 

RULING BY THE CHAIR

The House of Commons Procedure and Practice states on page 654: “An amendment to a bill that was referred to a committee after second reading or a bill at report stage is out of order if it is beyond the scope and principle of the bill.” The chairman rules that this amendment is a new concept that is beyond the scope of Bill C-2 and is consequently inadmissible.

 
Marlene Jennings moved, — That Bill C-2, in Clause 99, be amended by adding after line 5 on page 86 the following:

41.4 (1) Any person, including the Conflict of Interest and Ethics Commissioner, who has reasonable grounds to believe that an offence has been committed under section 41.1 shall, in writing, notify the Committee of the House of Commons designated to consider such matters.

(2) The Committee may issue its opinion with respect to the notification within 30 sitting days of the House of Commons after being notified.

(3) No prosecution for an offence under section 41.1 may be instituted before the Committee issues its opinion or before the expiry of the period referred to in subsection (2), whichever comes first.

(4) In any prosecution under section 41.1, the prosecutor shall provide the judge with a copy of the opinion of the Committee, and the judge shall consider the opinion in determining whether an offence was committed.

41.5 (1) The Conflict of Interest and Ethics Commissioner shall provide any order made under section 41.3 to a Committee of the House of Commons designated to consider whether a member has contravened an order of the Commissioner.

(2) The Committee may issue its opinion with respect to the order within 30 sitting days of the House of Commons after being provided with the order.

(3) No prosecution for an offence under subsection 41.3(6) may be instituted before the Committee issues its opinion or before the expiry of the period referred to in subsection (2), whichever comes first.

(4) In any prosecution under subsection 41.3(6), the prosecutor shall provide the judge with a copy of the opinion of the Committee, and the judge shall consider the opinion in determining whether an offence was committed.”

 

At 8:38 a.m., the sitting was suspended.

At 8:43 a.m., the sitting resumed.

 

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

 

Clause 99, as amended, carried by a show of hands: YEAS: 8; NAYS: 4.

 

On new Clause 99.1,

Stephen Owen moved, — That Bill C-2 be amended by adding before line 6 on page 86 the following new clause:

99.1 Subsection 4(5) of the Public Service Employment Act is replaced by 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 consultation with the leader of every recognized party in the Senate and House of Commons and approval by resolution of the Senate and House of Commons.

(5.1) A resolution of the Senate or House of Commons under subsection (5) is to be based on a secret ballot of its members conducted in accordance with any rule or standing order of that House.”

 

RULING BY THE CHAIR

This amendment proposes a procedure for appointment of the president and commissioners. It is amending subsection 4(5) of the Public Service Employment Act. House of Commons Procedure and Practice states, at page 654, that: “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 specifically being amended by a clause of the bill.” Since section 4 of the Public Service Amendment Act is not being amended by Bill C-2, it is inadmissible to propose such an amendment.

 

On new Clause 99.2,

Stephen Owen moved, — That Bill C-2 be amended by adding before line 6 on page 86 the following new clause:

99.2 The Act is amended by adding the following after section 4:

4.1 The Commission or any person or Commissioner that has been directed to conduct any audit or any investigation under this Act is not a competent or compellable witness—in respect of any matter coming to the knowledge of the Commission or that person or Commissioner as a result of performing any duties or functions under this Act during an audit or investigation—in any proceedings other than a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, the judicial review of a decision made under this Act or an appeal therefrom.

4.2 (1) No criminal or civil proceedings lie against the Commission, or against any person acting on behalf or under the direction of the Commission, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commission under this Act.

(2) For the purposes of any law relating to defamation

(a) anything said, any information supplied or any document or thing produced in good faith by or on behalf of the Commission, in the course of the performance or purported performance of audit or investigation powers, duties or functions under this Act, is privileged; and

(b) any report made in good faith by or on behalf of the Commission in the course of the performance or purported performance of audit or investigation powers, duties or functions under this Act, and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in broadcast, is privileged.”

 

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

 

STATEMENT BY THE CHAIR

Clause 100 is consequential to Clauses 102 to 105 and 107. The vote on Clause 100 will apply to Clauses 102 to 105 and 107.

 

Clause 100 carried.

 

Accordingly Clauses 102 to 105 and 107 carried.

 

On New Clause 100.1,

 
Pat Martin moved, — That Bill C-2 be amended by adding after line 17 on page 86 the following new clause:

100.1 Section 23 of the Act is amended by adding the following after subsection (3):

(4) Each special report of the Commission made under subsection (3) shall be submitted to the Speakers of both Houses of Parliament and shall be laid before each House by the Speaker of that House immediately after its receipt or, if that House is not then sitting, on the first day next thereafter that that House is sitting.”

 

RULING BY THE CHAIR

This amendment proposes that special reports of the commissioner will be submitted to the Speaker of the Senate and House for tabling in each House. It is amending section 23 of the Public Service Employment Act. The House of Commons Procedure and Practice states, at page 654, that “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 specifically being amended by a clause of the bill. Since section 23 of the Public Service Employment Act is not being amended by Bill C-2, it is inadmissible to propose such an amendment.

 

On Clause 101,

Stephen Owen moved, — That Bill C-2, in Clause 101, be amended by adding after line 36 on page 86 the following:

35.3 A person employed in the Senate, House of Commons, Library of Parliament or office of the Conflict of Interest and Ethics Commissioner

(a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and

(b) has the right to make a complaint under section 77.”

 

After debate, the question was put on the amendment of Stephen Owen and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

 

Clause 101, as amended, carried.

 

Accordingly, Clauses 102 to 105 and Clause 107 carried.

 

On Clause 106,

Pierre Poilievre moved, — That Bill C-2, in Clause 106, be amended

(a) by replacing line 1 on page 88 with the following:

127.1 (1) The Governor in Council may appoint”

(b) by replacing lines 8 and 9 on page 88 with the following:

“(c) special adviser to a minister, a deputy minister or a deputy head.”

(c) by adding after line 9 on page 88 the following:

“(2) For greater certainty, the provisions of Part 7 applicable to deputy heads apply to persons appointed as such or as deputy ministers under subsection (1), and the provisions of that Part applicable to employees apply to other persons appointed under subsection (1).”

 

After debate, the question was put on the amendment of Pierre Poilievre and it was agreed to.

 

Clause 106, as amended, carried.

 

On Clause 108,

Benoît Sauvageau moved, — That Bill C-2, in Clause 108, be amended by replacing lines 1 to 8 on page 89 with the following:

“(3) Sections 39 to 64 come into force on January 1 of the year next following the day on which this Act receives royal assent, but sections 63 and 64 do not apply in respect of monetary contributions made before that day.”

 

After debate, the question was put on the amendment and the result of the vote was announced: YEAS: 6; NAYS: 6.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

 
Pierre Poilievre moved, — That Bill C-2, in Clause 108, be amended by replacing line 9 on page 89 with the following:

“(5) Sections 65 to 82, 84 to 88 and 89 to 98 come into force on a”

 

After debate, the question was put on the amendment of Pierre Poilievre and it was agreed to.

 

Clause 108, as amended, carried.

 

On Clause 109,

 
On motion of Benoît Sauvageau, it was agreed, — That Bill C-2, in Clause 109, be amended by deleting lines 26 to 30 on page 89.

 

Clause 109, as amended, carried.

 

On Clause 110,

 
On motion of Benoît Sauvageau, it was agreed, — That Bill C-2, in Clause 110, be amended by deleting lines 23 to 27 on page 90.

 

Clause 110, as amended, carried.

 

On New Clause 110.1,

 
Benoît Sauvageau moved, — That Bill C-2 be amended by adding after line 3 on page 91 the following new clause:

“110.1 The Act is amended by adding the following after section 15.1:

15.2 (1) The Auditor General shall, in accordance with the Public Service Employment Act, appoint a senior officer to be called the Budget Officer who shall report directly to the Auditor General.

(2) The mandate of the Budget Officer is to

(a) provide objective analysis to the Senate and to the House of Commons about the state of the nation’s finances and trends in the national economy;

(b) when requested to do so by any of the following committees, undertake research for that committee into the nation’s finances and economy:

(i) the Standing Committee on National Finance of the Senate or, in the event that there is not a Standing Committee on National Finance, the appropriate committee of the Senate,

(ii) the Standing Committee on Finance of the House of Commons or, in the event that there is not a Standing Committee on Finance, the appropriate committee of the House of Commons, or

(iii) the Standing Committee on Public Accounts of the House of Commons or, in the event that there is not a Standing Committee on Public Accounts, the appropriate committee of the House of Commons;

(c) when requested to do so by a member of either House, estimate the financial cost of proposals contained in any Bill introduced by a member of either House other than as a minister of the Crown; and

(d) when requested to do so by a member of either House or by a committee of the Senate or of the House of Commons, or a committee of both Houses, estimate the financial cost of any proposal that relates to a matter over which Parliament has jurisdiction.

(3) Except as provided by any other Act of Parliament that expressly refers to this subsection, the Budget Officer is entitled, by request made to the deputy head of a department within the meaning of any of paragraphs (a), (a.1) and (d) of the definition “department” in section 2 of the Financial Administration Act, or to any other person designated by that deputy head for the purpose of this section, to access at all convenient times to any financial or economic data in the possession of the department that are required for the performance of his or her mandate.

(4) Subsection (3) does not apply in respect of any financial or economic data

(a) that are information the disclosure of which is restricted under section 19 of the Access to Information Act or any provision set out in Schedule II to that Act; or

(b) that are contained in a confidence of the Queen’s Privy Council for Canada described in subsection 69(1) of that Act, unless the data are also contained in any other record, within the meaning of section 3 of that Act, and are not information referred to in paragraph (a).

(5) The Budget Officer, and every person acting on behalf or under the direction of the Budget Officer, shall not disclose any financial or economic data that come to their knowledge under subsections (3) or (4), unless the disclosure is essential for the performance of his or her mandate and the financial or economic data to which the disclosure relates are not information described in subsection 13(1), section 14 or any of paragraphs 18(a) to (d) or 20(1)(b) to (d) of the Access to Information Act.

(6) The Budget Officer may, in the performance of his or her mandate, enter into contracts, memoranda of understanding or other arrangements in the name of his or her position.

(7) The Budget Officer may engage on a temporary basis the services of persons having technical or specialized knowledge necessary for the performance of his or her mandate.

(8) The Budget Officer may, from among persons employed in the office of the Auditor General to assist him or her, designate any person to exercise any of the powers under subsection (6) or (7) that the Budget Officer specifies, subject to the conditions that the Budget Officer sets.”

 

After debate, the question was put on the amendment of Benoît Sauvageau and it was negatived, by a show of hands: YEAS: 2; NAYS: 10.

 

On Clause 111,

Pat Martin moved, — That Bill C-2 be amended by deleting Clause 111.

 

The Chair ruled the proposed amendment inadmissible because it proposed the deletion of the clause, as provided on page 656 of House of Commons Procedure and Practice.

 

Clause 111 was negatived.

 

On Clause 112,

 
On motion of Benoît Sauvageau, it was agreed, — That Bill C-2, in Clause 112, be amended by deleting lines 22 to 26 on page 91.

 

Clause 112, as amended, carried.

 

On Clause 113,

 

On New heading,

 

On motion of Pierre Poilievre, it was agreed, — That Bill C-2 be amended by adding before line 1 on page 92, the following new heading: “Amendments to Act”.

 

After debate, the Chair called Clause 113 and it was negatived.

 

Clause 114 carried.

 

On Clause 115,

After debate, the Chair called Clause 115 and it was negatived.

 

Clause 116 carried by a show of hands: YEAS: 7; NAYS: 2.

 

STATEMENT BY THE CHAIR

The next clause that we will deal with is Clause 117 which relates to Parliamentary Budget Officer. There are a series of other clauses which are related to this particular clause. As we did previously, I propose that we deal with all the amendments that pertain to the subject matter of Clause 117 before I put the question on Clause 117. Therefore, we will first deal with the amendments to Clauses 119 and 119.1. Once this is done, I will put the question on Clause 117 and its results will be applied to all the consequential clauses – namely Clauses 118, 119 and 119.1. Therefore I will stand Clauses 117 and 118 and call for the first amendment which relates to Clause 119.

 

By unanimous consent, Clauses 117 and 118 were allowed to stand.

 

On Clause 119,

Benoît Sauvageau moved, — That Bill C-2, in Clause 119, be amended by replacing line 22 on page 93 with the following:

“more than seven years.”

 

Pat Martin moved, — That the amendment be amended by replacing the word “seven” with the word “five”.

 

After debate, the question was put on the subamendment of Pat Martin and it was agreed to.

 

The question was put on the amendment of Benoît Sauvageau, as amended, and it was agreed to.

 
On motion of Pierre Poilievre, it was agreed, — That Bill C-2, in Clause 119, be amended by replacing line 36 on page 93 with the following:

“of the nation’s finances, the estimates of the government and trends in the”

 
Pierre Poilievre moved, — That Bill C-2, in Clause 119, be amended by replacing line 40 on page 93 with the following:

“that committee into the estimates and the nation’s finances and”

 

By unanimous consent, on motion of Marlene Jennings, it was agreed, — That the amendment be amended, in the French version, by replacing the word “et” with a comma.

 

After debate, the question was put on the amendment of Pierre Poilievre, as amended, and it was agreed to.

 
Pierre Poilievre moved, — That Bill C-2, in Clause 119, be amended

(a) by replacing line 17 on page 94 with the following:

“(c) when requested to do so by a committee of the Senate or of the House of Commons, or a committee of both Houses, that is mandated to consider the estimates of the government, undertake research for that committee into those estimates;

(d) when requested to do so by a member of”

(b) by replacing line 22 on page 94 with the following:

“(e) when requested to do so by a member of ”

 

After debate, the question was put on the amendment of Pierre Poilievre and it was agreed to.

 
Pierre Poilievre moved, — That Bill C-2, in Clause 119, be amended

(a) by replacing line 20 on page 95 with the following:

79.5 (1) The”

(b) by adding after line 36 on page 95 the following:

“(4) For greater certainty, section 74 and subsection 75(2) apply in respect of the exercise of the powers described in subsections (1) to (3).”

 

After debate, the question was put on the amendment of Pierre Poilievre and it was agreed to.

 
On motion of Pierre Poilievre, it was agreed, — That Bill C-2, in Clause 119, be amended by replacing lines 30 to 36 on page 95 with the following:

“(3) The Parliamentary Budget Officer may authorize a person employed in the Library of Parliament to assist him or her to exercise any of the powers under subsection (1) or (2), subject to the conditions that the Parliamentary Budget Officer sets.”

 

On new Clause 119.1,

Pierre Poilievre moved, — That Bill C-2 be amended by adding after line 36 on page 95 the following new clause:

“Coordinating Amendments

119.1 (1) With respect to each of the following sections of the Access to Information Act, as of the day on which that section comes into force, a reference to that section is deemed to be included in the references to that Act in section 79.4 of the Parliament of Canada Act:

(a) section 18.1, as enacted by section 149 of this Act;

(b) section 20.1, as enacted by section 150 of this Act; and

(c) section 20.2, as enacted by section 150 of this Act.

(2) On the first day on which all of the following have occurred, namely, sections 18.1 of the Access to Information Act, as enacted by section 149 of this Act, has come into force, section 20.1 of the Access to Information Act, as enacted by section 150 of this Act, has come into force and section 20.2 of the Access to Information Act, as enacted by section 150 of this Act, has come into force, subsection (1) is repealed and section 79.4 of the Parliament of Canada Act is replaced by the following:

79.4 The Parliamentary Budget Officer, and every person acting on behalf or under the direction of the Parliamentary Budget Officer, shall not disclose any financial or economic data that come to their knowledge under section 79.3, unless the disclosure is essential for the performance of his or her mandate and the financial or economic data to which the disclosure relates are not information described in subsection 13(1), section 14, any of paragraphs 18(a) to (d), section 18.1, any of paragraphs 20(1)(b) to (d) or section 20.1 or 20.2 of the Access to Information Act.”

 

After debate, the question was put on the amendment of Pierre Poilievre and it was agreed to.

 

New Clause 119.1, as amended, carried.

 

At 10:35 a.m., the sitting was suspended.

At 10:48 a.m., the sitting resumed.

 

The Chair called Clause 117.

 

Clause 117 carried.

 

Accordingly, Clauses 118, 119 and 119.1 carried.

 

On Clause 120,

 
On motion of Benoît Sauvageau, it was agreed, — That Bill C-2, in Clause 120, be amended by deleting lines 8 to 12 on page 96.

 

Clause 120, as amended, carried.

 

On Clause 121,

 
On motion of Benoît Sauvageau, it was agreed, — That Bill C-2, in Clause 121, be amended by deleting lines 1 to 5 on page 97.

 

Clause 121, as amended, carried.

 

Clause 122 carried.

 

STATEMENT BY THE CHAIR

Clause 123 relates to the Director of Public Prosecutions Act, and there's a series of other clauses related to this particular clause. We propose to deal with all the amendments that pertain to the subject matter of Clause 123 before I put the question on Clause 123; therefore, we will deal with the amendments to Clauses 123 and 139, and once that has been completed, we'll put the question on Clause 123, and its results will be applied to all the consequential clauses, which are Clauses 131 to 142.

 

On Clause 123,

 
On motion of Pierre Poilievre, it was agreed, — That Bill C-2, in Clause 123, be amended by replacing lines 13 to 22 on page 99 with the following:

“(a) initiates and conducts prosecutions on behalf of the Crown, except where the Attorney General has assumed conduct of a prosecution under section 15;

(b) intervenes in any matter that raises a question of public interest that may affect the conduct of prosecutions or related investigations, except in proceedings in which the Attorney General has decided to intervene under section 14;”

 
On motion of Pierre Poilievre, it was agreed, — That Bill C-2, in Clause 123, be amended by replacing, in the English version, line 38 on page 99 with the following:

“(h) exercises any other power or carries out any other duty or function”

 
Benoît Sauvageau moved, — That Bill C-2, in Clause 123, be amended

(a) by replacing line 9 on page 101 with the following:

“selected candidate shall be referred for approval”

(b) by replacing lines 12 to 15 on page 101 with the following:

“(5) The Attorney General shall, if the parliamentary committee gives its approval, recommend to the Governor in Council that the selected candidate be appointed as Director or, if the parliamentary committee does not give its approval,”

 

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

 
Benoît Sauvageau moved, — That Bill C-2, in Clause 123, be amended by replacing line 22 on page 101 with the following:

“for cause with the support of a resolution of the House of Commons to that effect. The Director is not eligible to be”

 

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

 
Pierre Poilievre moved, — That Bill C-2, in Clause 123, be amended

(a) by replacing the heading before line 14 on page 104 with the following:

“ISSUES OF GENERAL OR PUBLIC INTEREST”

(b) by replacing lines 15 to 18 on page 104 with the following:

“General in a timely manner of any prosecution, or intervention that the Director intends to make, that raises important questions of general interest.”

 

After debate, the question was put on the amendment of Pierre Poilievre and it was agreed to.

 
Pierre Poilievre moved, — That Bill C-2, in Clause 123, be amended by replacing lines 21 and 22 on page 104 with the following:

“interest, the Attorney General may, after”

 

After debate, the question was put on the amendment of Pierre Poilievre and it was agreed to.

 

On Clause 139,

Stephen Owen moved, — That Bill C-2, in Clause 139, be amended by replacing lines 26 to 33 on page 110 with the following:

139. Section 2 of the Department of Justice Act is amended by adding the following after subsection (2):

(3) Any directive that the Attorney General of Canada issues to the Assistant Deputy Attorney General (Criminal Law) of the Department of Justice shall be in writing and be published forthwith in the Canada Gazette.

(4) The Attorney General of Canada or the Assistant Deputy Attorney General (Criminal Law) of the Department of Justice may, if he or she considers it to be in the interests of the administration of justice, direct that the publication in the Canada Gazette of a directive referred to in subsection (3) be delayed.”

 

RULING BY THE CHAIR

This amendment proposes an amendment relating to the Attorney General of Canada. It is amending section 2 of the Department of Justice Act. House of Commons Procedure and Practice states at page 654 that “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 specifically being amended by a clause of the bill.” Since section 2 of the Department of Justice Act is not being amended by Bill C-2, it is inadmissible to propose such an amendment.

 

The Chair called Clause 123.

 

Clause 123, as amended, carried.

 

Accordingly, Clauses 131 to 142 carried.

 

Clause 124 carried.

 

On Clause 125,

Pierre Poilievre moved, — That Bill C-2, in Clause 125, be amended by

(a) replacing lines 22 and 23 on page 105 with the following:

“the other Act until”

(b) adding after line 33 on page 105 the following:

“(3) In the event of the incapacity or death of the person authorized to act as the Director of Public Prosecutions under subsection (1), the Attorney General of Canada shall designate one of the persons authorized to act as Deputy Director of Public Prosecutions under subsection (2) to act as Director of Public Prosecutions in the interim.”

 

After debate, the question was put on the amendment of Pierre Poilievre and it was agreed to.

 

Clause 125, as amended, carried on division.

 

Clause 126 carried on division.

 

Clause 127 carried on division.

 

Clause 128 carried on division.

 

Clause 129 carried on division.

 

Clause 130 carried.

 

STATEMENT BY THE CHAIR

Clause 143 relates to the Access to Information Act. There is a series of clauses related to this particular clause. The chair is suggesting we deal with all the amendments that pertain to the subject matter of Clause 143 before we put the question on Clause 143. We will deal with the amendments to Clauses 143, 144, 145.1, and 164. Once this is completed, we will put the question on Clause 143, and its results will be applied to all the consequential clauses, namely Clauses 144, 145, 145.1, and 164.

 

On Clause 143,

Pat Martin moved, — That Bill C-2, in Clause 143, be amended by replacing line 15 on page 111 with the following:

the Act are replaced by

 

The question was put on the amendment and the result of the vote was announced: YEAS: 6; NAYS: 6.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

 
Pat Martin moved, — That Bill C-2, in Clause 143, be amended by adding after line 33 on page 111 the following:

“(2) The definition “government institution” in section 3 of the Act is replaced by the following:

“government institution” means

(a) any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I, and

(b) any parent Crown corporation, and any subsidiary of such a corporation, within the meaning of section 83 of the Financial Administration Act;”

 

After debate, the question was put on the amendment of Pat Martin and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

 

At 11:59 a.m., the Committee adjourned to the call of the Chair.

 



Miriam Burke
Clerk of the Committee

 
 
2006/06/30 1:43 p.m.