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MINUTES OF PROCEEDINGS
 
Meeting No. 27
 
Wednesday, June 14, 2006
 

The Legislative Committee on Bill C-2 met in a televised session at 3:31 p.m. this day, in Room 237-C, Centre Block, the Chair, David Tilson, presiding.

 

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

 

In attendance: House of Commons: Susan Baldwin, Legislative Clerk; Joann Garbig, Legislative Clerk. Library of Parliament: Katherine Kirkwood, Director; Élise Hurtubise-Loranger, Analyst.

 

Witnesses: Treasury Board of Canada Secretariat: Susan M.W. Cartwright, Assistant Secretary, Accountability in Government. Department of Justice: Joe Wild, Senior Counsel, Legal Services, Treasury Board Portfolio. Privy Council Office: Marc O'Sullivan, Acting Secretary to the Cabinet, Senior Personel and Special Projects Secretariat.

 
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.

 

Clauses 212 to 215 inclusive carried severally.

 

On Clause 220,

Pierre Poilievre moved, — That Bill C-2 be amended by deleting Clause 220.

 

RULING BY THE CHAIR

This amendment proposes to delete clause 220. House of Commons Procedure and Practice states on page 656 that “An amendment is out of order if it simply attempts to delete a clause, since in that case all that needs to be done is to vote against the adoption of the clause in question.” Therefore this amendment is inadmissible.

 

Clause 220 was negatived.

 

Clause 221 carried.

 

Clause 227 carried.

 

On new Clause 227.1,

Stephen Owen moved, — That Bill C-2 be amended by adding after line 40 on page 163 the following new clause:

PUBLIC SERVICE EMPLOYMENT ACT

227.1. Subsection 23(3) of the Public Service Employment Act is replaced by the following:

(3) The Commission may, at any time, prepare a special report 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.

(4) The Commission shall submit the special report to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides forthwith after receiving it or, if that House is not then sitting, on any of the first fifteen days on which that House is sitting after the Speaker receives it.”

 

RULING BY THE CHAIR

This amendment proposes that special reports of the commission will be submitted to the Speaker of the Senate and the House for tabling in each House. It is amending subsection 23(3) of the Public Service Employment Act. House of Commons Procedure and Practice states on 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 being specifically 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 228,

Stephen Owen moved, — That Bill C-2, in Clause 228, be amended by replacing lines 1 to 9 on page 164 with the following:

PUBLIC SERVICE EMPLOYMENT ACT

228. The Public Service Employment Act is amended by adding the following after section 65:

PART 4.1

PUBLIC APPOINTMENTS COMMISSION

65.1 (1) The Governor in Council may establish a Public Appointments Commission consisting of a chairperson and not more than four other members, and may appoint the chairperson and other members and fix their remuneration and expenses.

(2) The Governor in Council may, by order, designate the positions or classes of positions to which this section applies.

(3) The Public Appointments Commission shall establish selection criteria and may carry out selection processes for Governor in Council appointments to ensure that those appointments are meritorious, fair and transparent, represent Canada’s diversity and embody linguistic duality.

(4) The Public Service Commission may conduct audits on the consistency of the selection criteria and selection processes for Governor in Council appointments with the values provided for in subsection (3) and shall report its findings in its annual or special reports made under section 23.”

 

After debate, the question was put on the amendment of Stephen Owen and it was negatived, by a show of hands: YEAS: 4; NAYS: 8.

 
Benoît Sauvageau moved, — That Bill C-2, in Clause 228, be amended by replacing lines 3 to 9 on page 164 with the following:

“APPOINTMENTS BY GOVERNOR IN COUNCIL

1.1 Appointments made by the Governor in Council, other than appointments to the office of minister of the Crown, minister of state, parliamentary secretary or deputy minister, are subject to the approval of the standing committee of the House of Commons that normally considers matters within the responsibilities of the office to which the appointment is being made, or to the approval of any other committee that the House may designate for the purposes of this section.”

 

The question was put on the amendment of Benoît Sauvageau and it was negatived, by a show of hands: YEAS: 2; NAYS: 9.

 
Pat Martin moved, — That Bill C-2, in Clause 228, be amended by replacing lines 3 to 9 on page 164 with the following:

1.1 (1) The Governor in Council may establish a Public Appointments Commission, consisting of a chairperson and not more than four other members

(a) to oversee, monitor, review and report on the selection process for appointments and reappointments by the Governor in Council to agencies, boards, commissions and Crown corporations, and to ensure that every such process is widely made public and conducted in a fair, open and transparent manner and that the appointments are based on merit;

(b) to evaluate and approve the selection processes proposed by ministers to fill vacancies and determine reappointments within their portfolios, monitor and review those processes, and ensure that they are implemented as approved, giving special attention to any instances in which ministers make appointments that are inconsistent with the recommendations of appointment panels;

(c) to develop and establish a code of practice for appointments by the Governor in Council and ministers that sets out the steps that are necessary for a fair, open and transparent appointment process, including requirements for appointments and criteria for appointments to be made fully public;

(d) to audit appointment policies and practices in order to determine whether the code of practice is being observed;

(e) to report publicly on compliance with the code of practice, in particular by providing an annual report to the Prime Minister to be transmitted to the Speaker of each House of Parliament for tabling and referral to the appropriate committee of that House for study;

(f) to provide public education and training of public servants involved in appointment and reappointment processes regarding the code of practice; and

(g) to perform any other function specified by the Governor in Council.

(2) Before making a recommendation to the Governor in Council that a person be appointed to the Commission, the Prime Minister shall consult with the leader of every recognized party in the House of Commons. An announcement of an appointment shall be transmitted to the Speaker of the House of Commons for tabling in that House.

(3) Members of the Commission hold office during good behaviour for a term of five years and may be reappointed for a further term or terms, but are removable for cause by the Governor in Council.

(4) In its report, the Commission shall identify any material failure to comply with its code of practice by any department, Minister or official.

1.2 (1) Members of the Public Appointments Commission shall be paid the remuneration and expenses fixed by the Governor in Council.

(2) Any employees that are required by the Commission to enable it to carry out its functions shall be appointed in accordance with the Public Service Employment Act.”

 

Marlene Jennings moved, — That the amendment be amended in section 1.1 (1) after the words “The Governor in Council“ by replacing the word “may” with the word “shall”; and that the amendment be amended by adding in section 1.1 (4) after the words “Minister or official“ the following: “, and the government shall take into consideration any such information”

 

After debate, 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.

 

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

 

Clause 228, as amended, carried on division.

 

On Clause 229,

Pat Martin moved, — That Bill C-2, in Clause 229, be amended by replacing lines 10 to 16 on page 164 with the following:

229. (1) Sections 3.1 and 3.3 of the Access to Information Act, as enacted by section 144 of this Act, as well as section 142.1, subsection 143(2), sections 145 to 151, 156 and 159 to 162, subsection 164(1), sections 165 to 179, subsection 181(2) and sections 183, 184 and 186 to 193 of this Act and any provisions enacted by those provisions come into force on a day or days to be fixed by order of the Governor in Council.

(2) Despite subsection (1), the definition “government institution” in section 3 of the Access to Information Act, as enacted by subsection 143(2) of this Act, and the definition “government institution” in section 3 of the Privacy Act, as enacted by subsection 181(2) of this Act, do not apply in respect of the Canada Pension Plan Investment Board unless the lieutenant governor in council of each of at least two thirds of the included provinces, within the meaning of subsection 114(1) of the Canada Pension Plan, having in the aggregate not less than two thirds of the population of all of the included provinces, has signified the consent of that province to the application of those definitions to the Board.”

 

On motion of Pierre Poilievre, it was agreed, — That the amendment be amended by substituting the proposed text of 229 (1) by the following:

229. (1) Sections 3.01 and 3.1 of the Access to Information Act, as enacted by section 144 of this Act, and section 3.01 of the Privacy Act, as enacted by section 182 of this Act, as well as subsection 143(2), sections 145 to 151, 156 and 159 to 162, subsection 164(1), sections 165 to 179, subsection 181(2) and sections 183, 184 and 186 to 193 of this Act and any provisions enacted by those provisions come into force on a day or days to be fixed by order of the Governor in Council. ”

 

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

 

Clause 229, as amended, carried.

 

On Clause 230,

Pierre Poilievre moved, — That Bill C-2 be amended by deleting Clause 230.

 

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 230 was negatived by a show of hands: YEAS: 5; NAYS: 6.

 

Clauses 231 to 238 inclusive carried severally.

 

On Clause 239,

 

STATEMENT BY THE CHAIR

The vote on Clause 239 will apply to Clauses 259 to 261 inclusive, Clause 270, Clause 272 to Clause 277, Clause 299, and the Schedule.

 

On Clause 261,

Marlene Jennings moved, — That Bill C-2, in Clause 261, be amended by replacing line 7 on page 174 with the following:

“accountability to the House of Commons, and subject to the”

(b) by replacing line 12 on page 174 with the following:

“priate committee of that House for”

 

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

 
Pierre Poilievre moved, — That Bill C-2, in Clause 261, be amended by

(a) replacing line 12 on page 174 with the following:

“priate committees of the Senate and the House of Commons for”

(b) replacing line 33 on page 174 with the following:

“appropriate committees of the Senate and the House of Commons for”

(c) replacing line 7 on page 175 with the following:

“appropriate committee of the Senate or the House of Commons and answer”

 

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

 

On Schedule 1,

Pierre Poilievre moved, — That Bill C-2, in the Schedule, be amended by replacing Schedule VII to the Financial Administration Act on page 202 with the following:

“SCHEDULE VII

(Section 42)

1. Crees and Naskapis of Quebec

2. Sechelt Indian Band

3. Vuntut Gwitchin First Nation

4. Teslin Tlingit Council

5. Champagne and Aishihik First Nations

6. Tr’ondëk Hwëch’in

7. First Nation of Nacho Nyak Dun

8. Little Salmon/Carmacks First Nation

9. Carcross/Tagish First Nation

10. Kwanlin Dun First Nation

11. Kluane First Nation

12. Selkirk First Nation

13. Ta’an Kwach’an Council

14. Nisga’a Nation

15. Westbank First Nation

16. Tlicho First Nation

17. Inuit of Labrador”

 

At 5:09 p.m., the sitting was suspended.

At 5:21 p.m., the sitting resumed.

 

By unanimous consent, the amendment was allowed to stand.

 

Clause 239 carried on division.

 

Accordingly, Clauses 259 to 260, Clause 261 as amended, Clause 270, Clauses 272 to 277, Clause 299 and the Schedule carried.

 

Clause 240 carried.

 

Clause 241 carried.

 

Clause 242 carried.

 

Clause 243 carried.

 

Clause 244 carried.

 

Clause 245 carried.

 

On Clause 246,

 

STATEMENT BY THE CHAIR

There are some consequential clauses, so the vote on clause 246 applies to clause 248, clauses 264 to 268, clause 271, and clause 297.

 

Clause 246 carried.

 

Accordingly, Clauses 248, Clauses 264 to 268, Clause 271 and Clause 297 carried.

 

On New Clauses 246.1 and 246.2,

 
Pierre Poilievre moved, — That Bill C-2 be amended by adding after line 13 on page 168 the following new clauses:

246.1 Subsection 11(4) of the Canadian Tourism Commission Act is replaced by the following:

(4) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.

246.2 Subsection 12(3) of the Act is replaced by the following:

(3) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.”

 

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 247 carried on division.

 

STATEMENT BY THE CHAIR

The vote on Clause 249 applies to Clauses 250 to 255.

 

Clause 249 carried on division.

 

Accordingly, Clauses 250 to 255 carried.

 

Clause 256 carried on division.

 

Clause 257 carried.

 

Clause 258 carried.

 

Clause 262 carried.

 

Clause 263 carried.

 

Clause 269 carried.

 

Clauses 278 to 284 inclusive carried severally.

 

On Clause 285,

 

STATEMENT BY THE CHAIR

Clause 285 relates to The National Capital Act. There are a series of other clauses which are related to this particular clause. I propose that we deal with all the amendments that pertain to the subject matter of Clause 285 before I put the question on Clause 285. Therefore, we will first deal with the amendments to Clauses 287 and 288. Once this is done, I will put the question on Clause 285 and its results will be applied to all the consequential clauses – namely Clauses 286 to 291. Therefore I will call for the first amendment which relates to Clause 287.

 

On Clause 287,

Paul Dewar moved, — That Bill C-2, in Clause 287, be amended by replacing lines 21 to 31 on page 182 and lines 1 to 23 on page 183 with the following:

“287. Section 3 of the Act is replaced by the following:

3. (1) The corporation called the National Capital Commission is continued, and shall consist of seven members, including a Chairperson and a Chief Executive Officer.

(2) Appointments to the Commission shall be free from political influence and shall be made on the basis of merit as determined by a Committee of the House of Commons, to be known as the Appointment Committee, established for that purpose.

(3) The Appointment Committee shall include at least one member of the House of Commons from each party that has a recognized membership of twelve or more persons in the House of Commons.

(4) Within the first fifteen days after the Appointment Committee has made a selection, a report including the qualifications of the eligible candidates and the reasons for the Appointment Committee’s selection shall be made available for public scrutiny at the principal office of the Commission.

(5) The Minister shall cause a copy of the report to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the day on which the Minister has received the report.

(6) Each member holds office during good behaviour for a term not exceeding four years.

(7) Each member, on the expiration of a first term of office, is eligible to be re-appointed for a further term not exceeding four years.

(8) The members shall be appointed as follows:

(a) two, ordinarily resident in the National Capital Region, from local municipalities in Ontario, at least two of whom must be from the city of Ottawa;

(b) two, ordinarily resident in the National Capital Region, from local municipalities in Quebec, at least one of whom shall be from the section of the city of Gatineau that is west of the Gatineau River; and

(c) three from Canada generally, other than from a city or municipality referred to in either of paragraphs (a) or (b).

(9) A member is eligible to be appointed from a local municipality if, at the time of the appointment, the member normally resides in that municipality.

(10) A vacancy in the membership of the Commission does not impair the right of the remaining members to act.

(11) The Public Service Superannuation Act does not apply to a member unless the Governor in Council otherwise directs.”

 

RULING BY THE CHAIR

This amendment proposes a process for the appointment of members to the National Capital Commission. Specifically, subclause (2) creates a committee of the House of Commons. House of Commons Procedure and Practice states at page 654: “An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the Bill.” The creation of a committee of the House is a new concept which is beyond the scope of Bill C-2 and this amendment is consequently inadmissible.

 

Whereupon, Paul Dewar appealed the decision of the Chair.

The question: “Shall the decision of the Chair be sustained?“ was put and the decision was sustained.

The Chair's decision was sustained.

 

On Clause 288,

 
On motion of Tom Lukiwski, it was agreed, — That Bill C-2, in Clause 288, be amended by replacing, in the English version, line 28 on page 183 with the following:

“or of a vacancy in either office, the Commission shall”

 

Clause 285 carried on division.

 

Accordingly, Clauses 286, 287, 288 as amended and Clauses 289 to 291 carried.

 

STATEMENT BY THE CHAIR

Clause 292 relates to the Pilotage Act. It is consequential to clauses 293 to 296. The vote on clause 292 will apply to clauses 293-296.

 

Clause 292 carried.

 

Accordingly, Clauses 293 to 296 carried.

 

Clause 298 carried.

 

Clause 300 carried.

 

Clause 301 carried.

 

On Clause 302,

Pierre Poilievre moved, — That Bill C-2 be amended by deleting Clause 302.

 

RULING BY THE CHAIR

This amendment proposes to delete Clause 302. House of Commons Procedure and Practice states at page 656: “An amendment is out of order if it simply attempts to delete a clause, since in that case all that needs to be done is to vote against the adoption of the clause in question.” Therefore, thie amendment is inadmissible.

 

Clause 302 was negatived.

 

Clause 303 carried.

 

On Clause 304,

 

STATEMENT BY THE CHAIR

Clause 304 relates to procurement in the Auditor General Act. There are a number of other Clauses related to this particular clause, so we'll deal with all the amendments pertaining to Clause 304 before we put the question. So we'll first deal with the amendments to this Clause and to Clause 305 and Clause 307, and then we will put the vote on Clause 304. The vote on Clause 304 will apply to Clauses 305 to 307.

 
On motion of Pierre Poilievre, it was agreed, — That Bill C-2, in Clause 304, be amended by

(a) replacing, in the English version, line 25 on page 187 with the following:

“that expression by subsection 42(4) of the”

(b) by replacing, in the English version, line 30 on page 187 with the following:

“expression by subsection 42(4) of the Financial

 

On Clause 305,

 
On motion of Pierre Poilievre, it was agreed, — That Bill C-2, in Clause 305, be amended by

(a) replacing, in the English version, line 2 on page 188 with the following:

“the definition “recipient” in subsection 42(4) of”

(b) by replacing, in the English version, line 9 on page 188 with the following:

“definition “recipient” in subsection 42(4) of the”

 

On Clause 307

 
On motion of Pierre Poilievre, it was agreed, — That Bill C-2, in Clause 307, be amended by replacing lines 20 to 22 on page 188 with the following:

“respect to a recipient under any funding agreement, inquire into whether”

 

Clause 304, as amended, carried.

 

Accordingly, Clause 305 as amended, Clause 306 and Clause 307 as amended, carried severally.

 

On Clause 308

 
On motion of Pierre Poilievre, it was agreed, — That Bill C-2, in Clause 308, be amended

(a) by replacing, in the French version, lines 6 and 7 on page 189 with the following:

“qui sont confiées au vérificateur général en matière de vérification en vertu de toute loi fédérale, ce dernier et les”

(b) by replacing line 21 on page 189 with the following:

“powers, duties or functions under this or any other Act of Parliament.”

(c) by replacing line 29 on page 189 with the following:

“functions under this or any other Act of Parliament, is privileged; and”

(d) by replacing line 33 on page 189 with the following:

“powers, duties or functions under this or any other Act of Parliament,”

 

Clause 308, as amended, carried.

 

On Clause 309,

Paul Dewar moved, — That Bill C-2, in Clause 309, be amended by replacing lines 7 to 12 on page 191 with the following:

22.2 (1) Any person may file a complaint referred to in paragraph 22.1(3)(b) or (c).”

 

After debate, the question was put on the amendment of Paul Dewar and it was negatived.

 

On Clause 309,

STATEMENT BY THE CHAIR

The vote on Clause 309 will apply to Clause 310.

 

Clause 309 carried.

 

Accordingly, Clause 310 carried.

 

At 5:53 p.m., the Committee adjourned to the call of the Chair.

 



Miriam Burke
Clerk of the Committee

 
 
2006/06/30 3:59 p.m.