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MINUTES OF PROCEEDINGS
 
Meeting No. 62
 
Tuesday, March 31, 2015
 

The Standing Committee on Public Safety and National Security met in a televised session at 8:50 a.m. this day, in Room 253-D, Centre Block, the Chair, Daryl Kramp, presiding.

 

Members of the Committee present: Hon. Diane Ablonczy, Rosane Doré Lefebvre, Hon. Wayne Easter, Ted Falk, Randall Garrison, Roxanne James, Daryl Kramp, Rick Norlock, LaVar Payne and Jean Rousseau.

 

Acting Members present: Brad Butt for Ted Falk, Brad Butt for Roxanne James, David Wilks for Hon. Diane Ablonczy and David Wilks for Roxanne James.

 

Associate Members present: David Wilks.

 

Other Members present: Bruce Hyer, Elizabeth May, Claude Patry and Craig Scott.

 

In attendance: Library of Parliament: Tanya Dupuis, Analyst; Christine Morris, Analyst. House of Commons: David-Andrés Novoa, Legislative Clerk; Chloé O'Shaughnessy, Legislative Clerk; Marie-France Renaud, Procedural Clerk.

 

Witnesses: Department of Public Safety and Emergency Preparedness: John Davies, Director General, National Security Policy; Élise Renaud, Policy Specialist; Ritu Banerjee, Director, Operational Policy and Review. Department of Justice: Sophie Beecher, Counsel, Public Safety Canada, Legal Services; Ari Slatkoff, Senior Counsel, Public Safety Canada; Douglas Breithaupt, Director and General Counsel, Criminal Law Policy Section; Glenn Gilmour, Counsel, Criminal Law Policy Section; Michael Duffy, Senior General Counsel, National Security Law; Nancie Couture, Counsel, National Security Litigation and Advisory Group.

 
Pursuant to the Order of Reference of Monday, February 23, 2015, the Committee resumed consideration of Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.
 

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

 

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

 

At 8:53 a.m., the sitting was suspended.

At 9:03 a.m., the sitting resumed.

 

The witnesses answered questions.

 

On Clause 2,

Randall Garrison moved, — That Bill C-51, in Clause 2, be amended by replacing lines 2 to 28 on page 3 with the following:

“da" means any activity referred to in paragraphs (a) to (d) of the definition "threats to the security of Canada" in section 2 of the Canadian Security Intelligence Service Act.”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived on the following recorded division: YEAS: Rosane Doré Lefebvre, Wayne Easter, Randall Garrison, Jean Rousseau — 4; NAYS: Diane Ablonczy, Ted Falk, Roxanne James, Rick Norlock, LaVar Payne — 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by replacing lines 7 to 31 on page 3 with the following:

“(a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage;

(b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person;

(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state; and

(d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada.

However, it does not include advocacy, protest, dissent, artistic expression or stoppage of work that is not intended to result in death of or serious bodily harm to a person by the use of violence or to cause a serious risk to the health or safety of the public or any segment of the public.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Louis Plamondon for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended

(a) by replacing line 20 on page 3 with the following:

“(f) sabotage of critical infrastructure;”

(b) by replacing lines 29 to 31 on page 3 with the following:

“For greater certainty, it does not include advocacy — including environmental advocacy —, protest, dissent and artistic expression, including during a strike or the promotion by democratic means of the territorial sovereignty of an Aboriginal nation within Canada or of the independence of Quebec or any other province.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 
Randall Garrison moved, — That Bill C-51, in Clause 2, be amended by replacing lines 29 to 31 on page 3 with the following:

“For greater certainty, it does not include advocacy, protest, dissent, artistic expression or any other activity considered to be civil disobedience.”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Wayne Easter moved, — That Bill C-51, in Clause 2, be amended by replacing lines 29 to 31 on page 3 with the following:

“For greater certainty, it does not include advocacy, protest, dissent and artistic expression, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d) of the definition “threats to the security of Canada” in section 2 of the Canadian Security Intelligence Service Act.”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Roxanne James moved, — That Bill C-51, in Clause 2, be amended by

(a) replacing line 29 on page 3 with the following:

“For greater certainty, it does not include”

(b) replacing lines 19 to 24 on page 5 with the following:

“6. For greater certainty, the use and further disclosure, other than under this Act, of information that is disclosed under subsection 5(1) is neither authorized nor prohibited by this Act, but must be done in accordance with the law, including any legal requirements, restrictions and prohibitions.”

 

Randall Garrison moved, — That the amendment be amended by adding the words “and on the basis of written information sharing agreements between agencies,” after the words “with the law”

 

After debate, the question was put on the subamendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

After debate, the question was put on the amendment of Roxanne James and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by adding after line 43 on page 3 the following:

“(2) In the event of an inconsistency between this Act and any provision of the Privacy Act, the Privacy Act prevails to the extent of the inconsistency.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Randall Garrison moved, — That Bill C-51, in Clause 2, be amended

(a) by replacing line 14 on page 4 with the following:

“(c) entry into written information-sharing arrange-”

(b) by adding after line 29 on page 4 the following:

“4.1 All Government of Canada institutions must consult the Privacy Commissioner, appointed under section 53 of the Privacy Act, before entering into any information-sharing arrangements.”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Louis Plamondon for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended

(a) by replacing line 15 on page 4 with the following:

“ments and approval of those arrangements by the Privacy Commissioner, appointed under section 53 of the Privacy Act, are appropriate when Government of”

(b) by adding after line 29 on page 4 the following:

“(f) any information shared in contravention of the provisions of this Act is to be deleted.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by adding after line 29 on page 4 the following:

“(f) Canadians have a right to privacy that should only be breached when strictly necessary in respect of activities that undermine the security of Canada.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 
Randall Garrison moved, — That Bill C-51, in Clause 2, be amended by replacing lines 9 and 10 on page 5 with the following:

“delegate, if the information is necessary to carry out the recipient institution's responsi-”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by replacing lines 9 and 10 on page 5 with the following:

“delegate, if the information is necessary for the recipient institution to exercise its jurisdiction or to carry out its responsi”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 
Randall Garrison moved, — That Bill C-51, in Clause 2, be amended by adding after line 15 on page 5 the following:

“(1.1) Every Government of Canada institution must have a procedure in place to ensure the relevance, reliability and sufficiency of information received under subsection (1).”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by adding after line 18 on page 5 the following:

“5.1 (1) A Government of Canada institution may refuse to disclose personal information, as defined in section 3 of the Privacy Act, if the disclosure could reasonably be expected to threaten the safety of individuals or if the personal information is subject to solicitor-client privilege.

(2) The Privacy Commissioner, appointed under section 53 of the Privacy Act, shall receive and investigate all complaints respecting the disclosure of personal information in contravention of subsection (1).”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by adding after line 18 on page 5 the following:

“(3) The head of the recipient institution, or their delegate, must conduct a review of all information received under subsection (1) every three months and dispose of any information that is no longer necessary for the recipient institution to exercise its jurisdiction or to carry out its responsibilities in respect of activities that undermine the security of Canada.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by deleting lines 5 to 7 on page 6.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by adding after line 18 on page 6 the following:

“(d) requiring that all information sharing between Government of Canada institutions under section 5 be subject to information-sharing arrangements that have been developed after consulting with the Privacy Commissioner and that follow current best practices for the sharing, retention and disposal of information.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by adding after line 18 on page 6 the following:

“(d) establishing responsibility within each Government of Canada institution for review of the necessity, proportionality and reliability of information and for reporting at prescribed intervals to the Privacy Commissioner.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Randall Garrison moved, — That Bill C-51, in Clause 2, be amended by adding after line 36 on page 6 the following:

“SUNSET PROVISION

11. (1) This Act ceases to have effect at the end of the 15th sitting day of the House of Commons after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of this Act is extended by resolution — whose text is established under subsection (4) — passed by the House of Commons in accordance with the rules set out in subsection (5).

(2) A comprehensive review of this Act and its operation shall be undertaken by any committee of the House of Commons that may be designated or established by the House of Commons for that purpose.

(3) The committee referred to in subsection (2) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the House of Commons, submit a report on the review to that House, including its recommendation with respect to extending the operation of this Act.

(4) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of this Act and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by the House of Commons.

(5) A motion for the adoption of the resolution may be debated but may not be amended. At the conclusion of the debate, the Speaker of the House of Commons shall immediately put every question necessary to determine whether or not the motion is concurred in.

(6) The operation of this Act may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Wayne Easter moved, — That Bill C-51, in Clause 2, be amended by adding after line 36 on page 6 the following:

“ANNUAL REPORT

11. The Privacy Commissioner, appointed under section 53 of the Privacy Act, must, no later than September 30 in each fiscal year, submit to the Minister of Public Safety and Emergency Preparedness a report on the sharing of information conducted under this Act during the preceding fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day the Minister receives it.”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Louis Plamondon for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by adding after line 36 on page 6 the following:

“COMMISSIONER

11. (1) 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, the Governor in Council must appoint by commission under the Great Seal a Commissioner responsible for monitoring compliance with this Act.

(2) The Commissioner holds office during good behaviour for a term of three years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons

(3) The duties of the Commissioner are

(a) to review the operation of this Act;

(b) to undertake any investigation that the Commissioner considers necessary; and

(c) to inform the House of Commons of any activity that the Commissioner believes does not comply with this Act.

(4) In carrying out his or her responsibilities, the Commissioner has all the powers of a commissioner under Part II of the Inquiries Act.

(5) The Commissioner may engage the services of such advisors and assistants as the Commissioner considers necessary for the proper performance of his or her responsibilities and, with the approval of the Treasury Board, may fix their remuneration and expenses.

(6) The Governor in Council may issue directions to the Commissioner respecting the carrying out of his or her responsibilities.”

 

RULING BY THE CHAIR

Bill C-51 seeks to enact the Security of Canada Information Sharing Act. The amendment attempts to create the position of and appoint a Commissioner, responsible for monitoring compliance with the Act. It also allows the Commissioner to hire and pay advisors and assistants, as necessary.

As House of Commons Procedure and Practice, Second Edition, states on pages 767-768:

“Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the Chair, the amendment proposes a new scheme, which would impose a charge on the public treasury. Therefore I rule the amendment inadmissible.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Louis Plamondon for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by adding after line 36 on page 6 the following:

“SUNSET PROVISION

11. (1) This Act ceases to have effect at the end of the 15th sitting day of Parliament after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of this Act is extended by resolution — whose text is established under subsection (4) — passed by both Houses of Parliament in accordance with the rules set out in subsection (5).

(2) A comprehensive review of this Act and its operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

(3) The committee referred to in subsection (2) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including its recommendation with respect to extending the operation of this Act.

(4) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of this Act and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by both Houses of Parliament.

(5) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

(6) The operation of this Act may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.

(7) In subsection (1), “sitting day of Parliament” means a day on which both Houses of Parliament sit.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 2, be amended by adding after line 36 on page 6 the following:

“SUNSET PROVISION

11. This Act ceases to have effect on the day following the day that is the third anniversary of the coming into force of this section.”

Debate arose thereon.

At 11:22 a.m., the sitting was suspended.

At 12:05 p.m., the sitting resumed.

The Committee resumed consideration of the amendment of Elizabeth May, — That Bill C-51, in Clause 2, be amended by adding after line 36 on page 6 the following:

“SUNSET PROVISION

11. This Act ceases to have effect on the day following the day that is the third anniversary of the coming into force of this section.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Randall Garrison moved, — That the Committee suspend the clause-by-clause consideration of Bill C-51 until the House decides on the motion in the name of Peter Julian regarding instructions to the Committee.

RULING BY THE CHAIR

Unless the House gives clear instructions in a new Order of Reference, the Committee shall continue with clause-by-clause consideration of Bill C-51.

 

After debate, Clause 2, as amended, carried by a show of hands: YEAS: 6; NAYS: 3.

 

By unanimous consent, Clauses 3 to 8 inclusive carried by a show of hands: YEAS: 6; NAYS: 3.

 

After debate, Clause 9 carried by a show of hands: YEAS: 9; NAYS: 0.

 

Clause 10 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On new Clause 10.1,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Louis Plamondon for the consideration of the Committee, was deemed moved:

That Bill C-51 be amended by adding after line 2 on page 11 the following new clause:

“PART 1.1

NATIONAL SECURITY COMMITTEE OF PARLIAMENTARIANS ACT

Enactment of Act

10.1 The National Security Committee of Parliamentarians Act, whose text is as follows and whose Schedule is set out in Schedule 2 to this Act, is enacted:

An Act to establish the National Security Committee of Parliamentarians

SHORT TITLE

1. This Act may be cited as the National Security Committee of Parliamentarians Act.

INTERPRETATION

2. The following definitions apply in this Act. “appropriate minister”, in relation to information, means

(a) the appropriate Minister, within the meaning of the Financial Administration Act, for the department or other institution referred to in paragraph (a), (a.1), (c.1) or (d) of the definition “appropriate Minister” in section 2 of that Act, or

(b) the minister responsible, under any other Act of Parliament, for any other portion of the federal public administration, in which or for which the information was produced or in which it was first received.

“Committee” means the National Security Committee of Parliamentarians established by section 4.

DESIGNATION OF MINISTER

3. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

COMMITTEE AND MEMBERS

4. (1) There is established a committee, to be known as the National Security Committee of Parliamentarians, which is to be composed of members of both Houses of Parliament who are not ministers of the Crown or parliamentary secretaries, and of whom not more than three may be senators and not more than six may be members of the House of Commons, which members must include a person named by each recognized party in that House.

(2) The Committee is not a committee of either House of Parliament or of both Houses.

5. (1) Members of the Committee must be appointed by the Governor in Council and hold office during pleasure until the dissolution of Parliament following their appointment.

(2) A member of either House belonging to an opposition party recognized in that House may only be appointed a member of the Committee after consultation with the leader of that party.

(3) A member of the Committee ceases to be a member on appointment as a minister of the Crown or parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.

6. (1) The Chair of the Committee must be designated by the Governor in Council from among the members of the Committee.

(2) The Chair must be paid the remuneration fixed by the Governor in Council.

(3) The Chair may designate one of the other members to act as Chair in his or her absence for a period not exceeding 45 days.

(4) The Chair or acting Chair may vote at meetings of the Committee and, in the case of equality of votes, also has a deciding vote.

7. (1) Members of the Committee other than the Chair are not to be remunerated for their services in connection with the work of the Committee.

(2) Members of the Committee are entitled to be reimbursed, in accordance with directives of the Treasury Board, for expenses incurred by them in connection with the work of the Committee while they are absent

(a) from the National Capital Region, as described in the schedule to the National Capital Act, on days that the Senate or the House of Commons, as the case may be, is sitting; or

(b) from their ordinary place of residence, at any other time.

8. Despite section 32 of the Parliament of Canada Act, no member of the Committee is ineligible to be a member of the House of Commons or to sit or vote in that House by reason of the payment of remuneration under subsection 6(2) or the reimbursement of expenses under subsection 7(2).

SECURITY AND CONFIDENTIALITY

9. Each member of the Committee must, before commencing the duties of office, take an oath in the form set out in the schedule to this Act, and must comply with the oath both during and after the member’s term of appointment.

10. Despite any other Act of Parliament, members of the Committee may not claim immunity based on parliamentary privilege for the use or communication of information that comes into their possession or knowledge in their capacity as members of the Committee.

11. Meetings of the Committee must be held in camera whenever the Chair, a majority of members present or the Minister considers it necessary for the Committee to do so.

MANDATE OF COMMITTEE

12. The mandate of the Committee is to review

(a) the legislative, regulatory, policy and administrative framework for national security in Canada, and the activities of federal departments and agencies in relation to national security;

(b) compliance with the information-sharing arrangements by the federal institutions listed in Schedule 3 to the Security of Canada Information Sharing Act; and

(c) any other matter relating to national security that the Minister refers to the Committee.

PROVISION OF INFORMATION

13. (1) The Committee may request that the appropriate minister provide the Committee with any information required to enable it to fulfil its mandate.

(2) Despite any other Act of Parliament, except the Privacy Act, the appropriate minister may provide the Committee with all or part of the requested information or a summary of it, with the exception of any information that is a confidence of the Queen’s Privy Council for Canada within the meaning of section 39 of the Canada Evidence Act — and may make the provision of the information subject to any conditions that that minister considers appropriate — or may provide none of the information.

(3) If the appropriate minister considers that he or she may not be in a position to provide all the requested information, to provide it within the requested time frame or to provide it without conditions, that minister must consult the Chair of the Committee and, on request following the consultation, provide the Chair with a written statement of the minister’s position.

(4) In determining the response to a request under subsection (1), the appropriate minister must take into account the nature of the information requested, including whether the information, in the opinion of that minister,

(a) is subject to solicitor-client privilege;

(b) is about a particular criminal investigation, national security investigation or operation or military operation;

(c) was obtained in confidence from the government of a foreign state or an institution or agency of one, or from an international organization of states or an institution or agency of one; or

(d) could lead to the identification of sources of information or provide details about those sources or about operational methods.

(5) A decision made by the appropriate minister under this section is final and may not be questioned or reviewed in any court.

REGULATIONS

14. (1) The Governor in Council may, with the approval of the Committee, make regulations

(a) respecting the manner in which the Committee exercises its mandate;

(b) respecting the protection of information produced, obtained or kept by or on behalf of the Committee; and

(c) generally for carrying out the purposes and provisions of this Act.

(2) The Statutory Instruments Act does not apply in respect of regulations made under this section.

REPORT

15. (1) The Committee must submit an annual report to the Prime Minister on reviews conducted by the Committee during the year under section 12.

(2) The Prime Minister may, after the Chair of the Committee has been consulted, exclude from the copy of the report referred to in subsection (3) any information whose disclosure would, in the Prime Minister’s opinion, be injurious to national security, national defence or international relations.

(3) The Prime Minister must cause a copy of the report to be laid before each House of Parliament within the first 45 days on which that House is sitting after the Prime Minister receives the report.”

 

RULING BY THE CHAIR

Bill C-51 seeks to enact the Security of Canada Information Sharing Act and to make related and consequential amendments to other Acts. The amendment attempts to establish a National Security Committee of Parliamentarians. It also allows for the Chair of the Committee to be paid and for members of the Committee to be reimbursed for their expenses.

As House of Commons Procedure and Practice, Second Edition, states on pages 767-768:

“Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the Chair, the amendment proposes a new scheme, which would impose a charge on the public treasury. Therefore I rule the amendment inadmissible.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51 be amended by adding after line 2 on page 11 the following new clause:

“PART 1.1

INTELLIGENCE AND SECURITY COMMITTEE OF PARLIAMENT ACT

ENACTMENT OF ACT

10.1 The Intelligence and Security Committee of Parliament Act, whose text is as follows and whose schedule is set out in Schedule 2 to this Act, is enacted:

An Act to establish the Intelligence and Security Committee of Parliament

SHORT TITLE

1. This Act may be cited as the Intelligence and Security Committee of Parliament Act.

INTERPRETATION

2. In this Act, “Committee” means the Intelligence and Security Committee of Parliament established by section 3.

COMMITTEE, MEMBERS AND STAFF

3. (1) There is established a committee, to be known as the Intelligence and Security Committee of Parliament, which is to be composed of three members of the Senate and six members of the House of Commons, none of whom are ministers of the Crown or parliamentary secretaries.

(2) No more than four members of the Committee may be members of the same political party.

(3) The Committee is not a committee of either House of Parliament or of both Houses.

4. (1) Members of the Committee must be appointed by the Governor in Council and hold office during pleasure until the dissolution of Parliament following their appointment.

(2) A member of either House belonging to an opposition party recognized in that House may only be appointed as a member of the Committee after consultation with the leader of that party.

(3) A member of either House may only be appointed as a member of the Committee after approval of the appointment by resolution of that House.

(4) A member of the Committee ceases to be a member on appointment as a minister of the Crown or parliamentary secretary or on ceasing to be a member of the Senate or of the House of Commons.

5. (1) The Chair of the Committee must be elected by the members of the Committee.

(2) The Chair may designate one of the other members to act as Chair in his or her absence for a period not exceeding 45 days.

(3) The Chair or acting Chair may vote at meetings of the Committee and, in the case of equality of votes, also has a deciding vote.

6. Subject to this Act, the Committee may determine the procedure to be followed in the performance of any of its duties or functions.

7. The Committee may engage a secretary and any other staff that it requires, and may fix and pay the remuneration and expenses of that staff.

8. (1) Members of the Committee are not to be remunerated for their services in connection with the work of the Committee.

(2) Members of the Committee are entitled to be reimbursed, in accordance with directives of the Treasury Board, for expenses incurred by them in connection with the work of the Committee while they are absent

(a) from the National Capital Region, as described in the schedule to the National Capital Act, on days that the Senate or the House of Commons, as the case may be, is sitting; or

(b) from their ordinary place of residence at any other time.

9. Despite section 32 of the Parliament of Canada Act, no member of the Committee is ineligible to be a member of the House of Commons or to sit or vote in that House by reason of the reimbursement of expenses under subsection 8(2).

10. The Chair of the Committee must annually cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the salaries, allowances and expenses of the Committee during the next ensuing fiscal year, and must transmit that estimate to the President of the Treasury Board, who must lay it before the House of Commons with the estimates of the government for the fiscal year.

SECURITY AND CONFIDENTIALITY

11. Every member of the Committee and every person engaged by it must, before commencing the duties of office, take an oath in the form set out in the schedule to this Act, and must comply with the oath both during and after their term of appointment or employment.

12. For the purposes of the Security of Information Act, every member of the Committee and every person engaged by it is a person permanently bound to secrecy.

13. Despite any other Act of Parliament, members of the Committee may not claim immunity based on parliamentary privilege for the use or communication of information that comes into their possession or knowledge in their capacity as members of the Committee.

14. Meetings of the Committee must be held in camera whenever the Chair, or a majority of members present, considers it necessary for the Committee to do so.

MANDATE OF THE COMMITTEE

15. The mandate of the Committee is to

(a) review the legislative, regulatory, policy and administrative framework for intelligence and national security in Canada;

(b) review the activities of federal departments and agencies in relation to intelligence and national security; and

(c) report publicly on its activities, findings and recommendations.

POWERS OF THE COMMITTEE

16. The Committee has the power to summon before it any witnesses, and to require them to

(a) give evidence orally or in writing, and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and

(b) produce any documents and things that the Committee deems requisite for the performance of its duties and functions.

17. (1) Despite any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (2), the Committee is entitled to have access to any information under the control of federal departments and agencies that relates to the performance of the duties and functions of the Committee and to receive from their employees any information, reports and explanations that the Committee deems necessary for the performance of its duties and functions.

(2) No information described in subsection (1), other than a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.

REPORT

18. (1) The Committee must submit an annual report to the Prime Minister on reviews conducted by the Committee under section 15 during the year.

(2) The report must include a sufficiently detailed account of the Committee's activities, findings and recommendations so as to meaningfully inform Parliament and the public on matters identified by the Committee as being of particular public interest, subject only to those exclusions that are necessary to protect the confidentiality of information related to matters of international affairs, defence or security.

(3) The Prime Minister may, after the Chair of the Committee has been consulted, exclude from the copy of the report that is to be laid before each House of Parliament under subsection (4) any information the disclosure of which would, in the Prime Minister’s opinion, be injurious to international affairs, defence or security.

(4) The Prime Minister must cause a copy of the report to be laid before each House of Parliament within the first 45 days on which that House is sitting after the Prime Minister receives the report.

(5) The copy of the report laid before each House of Parliament under subsection (4) must state whether any information has been excluded from it pursuant to subsection (3).

(6) The Chair of the Committee may disclose to the public the general nature of any information that has been excluded from the report by the Prime Minister under subsection (3) as long as the disclosure does not reveal the substance of the excluded information.

CONSEQUENTIAL AMENDMENTS

SECURITY OF INFORMATION ACT

10.2 Section 12 of the Security of Information Act is amended by adding the following after subsection (1):

(1.1) Subject to subsection (2), a certificate purporting to have been issued by or under the authority of the President of the Queen’s Privy Council for Canada stating that a person is a member or employee or former member or former employee of the Intelligence and Security Committee of Parliament — and, as such, is a person permanently bound to secrecy by virtue of section 12 of the Intelligence and Security Committee of Parliament Act — shall be received and is admissible in evidence in any proceedings for an offence under section 13 or 14, without proof of the signature or authority of the President, and, in the absence of evidence to the contrary, is proof of the fact so stated.

CONFLICT OF INTEREST ACT

10.3 The definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is amended by striking out “and” at the end of subparagraph (d)(v), by adding “and” at the end of subparagraph (d)(vi) and by adding the following after subparagraph (d)(vi):

(vii) a member of the Intelligence and Security Committee of Parliament established by section 3 of the Intelligence and Security Committee of Parliament Act; ”

 

RULING BY THE CHAIR

Bill C-51 seeks to enact the Security of Canada Information Sharing Act and to make related and consequential amendments to other Acts. The amendment attempts to establish an Intelligence and Security Committee of Parliament. It also allows for the Committee to hire and pay staff.

As House of Commons Procedure and Practice, Second Edition, states on pages 767-768:

“Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the Chair, the amendment proposes a new scheme, which would impose a charge on the public treasury. Therefore I rule the amendment inadmissible.

 

On Clause 11,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by adding after line 14 on page 12 the following:

“(3) Nothing in this Act is to be construed as authorizing the examination of a cellular phone or a personal computer unless specifically provided for under this Act.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

 
Randall Garrison moved, — That Bill C-51, in Clause 11, be amended by replacing line 10 on page 13 with the following:

“reasonable grounds to believe will”

 

By unanimous consent, the amendment was withdrawn.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by replacing line 10 on page 13 with the following:

“reasonable grounds to believe will”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended

(a) by replacing lines 2 to 6 on page 14 with the following:

“to take the following measures to prevent a listed person from engaging in any act set out in subsection 8(1):

(a) deny transportation to a person;

(b) screen a person before they enter a sterile area of an airport or board an aircraft;

or (c) verify the identity of a person using biometric information.

(1.1) The Minister may make directions respecting”

(b) by replacing line 11 on page 14 with the following:

“(2) A direction made under subsection (1.1) is”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 
Roxanne James moved, — That Bill C-51, in Clause 11, be amended by replacing lines 2 and 3 on page 14 with the following:

“to take a specific, reasonable and necessary action to prevent a listed”

 

Randall Garrison moved, — That the amendment be amended by replacing the words “to take a specific, reasonable and necessary action to prevent a listed” with the words “9.(1) In the case of an imminent security threat the Minister may direct an air carrier to do anything that, in the Minister's opinion, is reasonable and necessary to prevent a listed”

 

After debate, the question was put on the subamendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

The question was put on the amendment of Roxanne James and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

 

At 12:51 p.m., the sitting was suspended.

At 4:00 p.m., the sitting resumed.

 
Wayne Easter moved, — That Bill C-51, in Clause 11, be amended by replacing line 8 on page 14 with the following:

“(b) the requirement to alert the Canadian Air Transport Security Authority of the screening of a person before they”

 

After debate, by unanimous consent, the amendment was allowed to stand.

 
Wayne Easter moved, — That Bill C-51, in Clause 11, be amended by adding after line 10 on page 14 the following:

“(1.1) A peace officer must provide such assistance as the air carrier may request when denying a person transportation under paragraph (a).”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by replacing line 3 on page 15 with the following:

“information respecting transportation security referred to in section 11 with the”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by adding after line 8 on page 15 the following:

“(2) The Minister must send a copy of the arrangement to the Privacy Commissioner, appointed under section 53 of the Privacy Act.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by replacing lines 3 and 4 on page 16 with the following:

“under section 9 may”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by adding after line 6 on page 16 the following:

“(1.1) The listed person may, in exceptional circumstances, request that the Minister decide on the application within 15 days of the application.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Randall Garrison moved, — That Bill C-51, in Clause 11, be amended by replacing line 19 on page 16 with the following:

“respect of the application and provide the applicant with reasons for that decision.”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended

(a) by deleting lines 20 to 26 on page 16.

(b) by deleting line 35 on page 16 to line 4 on page 17.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 
Randall Garrison moved, — That Bill C-51, in Clause 11, be amended by replacing line 25 on page 16 with the following:

“deemed to have decided to remove the”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by replacing line 10 on page 17 with the following:

“under section 15 is unreasonable, the judge must”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by deleting lines 38 to 42 on page 17.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 
Randall Garrison moved, — That Bill C-51, in Clause 11, be amended by replacing line 4 on page 18 with the following:

“dence has not been provided to the appellant only if a special advocate has been appointed to protect the interests of the appellant;”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by adding after line 4 on page 18 the following:

“(f.1) if the appellant may not be provided with information or other evidence and if the judge is of the opinion that considerations of fairness and natural justice require it, the judge must appoint a special advocate to protect the interests of the appellant;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Wayne Easter moved, — That Bill C-51, in Clause 11, be amended by replacing line 18 on page 20 with the following:

“to a fine of not more than $250,000.”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 
Wayne Easter moved, — That Bill C-51, in Clause 11, be amended

(a) by replacing lines 4 and 5 on page 21 with the following:

“made under section 9, if the person followed the established due diligence procedures to prevent the contravention.”

(b) by adding after line 40 on page 23 the following:

“(b.1) respecting the establishment of due diligence procedures for the purposes of section 24;”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by replacing lines 2 to 9 on page 22 with the following:

“verification of compliance with this Act; and

(b) remove for examination from the place where the inspection or audit is being carried out any document or other thing related to the inspection or audit respecting a person who is suspected to have engaged in any act set out in subsection 8(1).”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by replacing line 14 on page 22 with the following:

“system or data processing system, at the place, that relates to a person who is suspected to have engaged in any act set out in subsection 8(1)”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Randall Garrison moved, — That Bill C-51, in Clause 11, be amended by replacing line 15 on page 23 with the following:

“Minister may, in the case of an imminent security threat, order any person to do, or to”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by adding after line 40 on page 23 the following:

“(b.1) respecting the conditions and requirements for placing on or deleting from the list the name of a person;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 
Randall Garrison moved, — That Bill C-51, in Clause 11, be amended by adding after line 17 on page 24 the following:

“SUNSET PROVISION

34. (1) This Act ceases to have effect at the end of the 15th sitting day of the House of Commons after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of this Act is extended by resolution — whose text is established under subsection (4) — passed by the House of Commons in accordance with the rules set out in subsection (5).

(2) A comprehensive review of this Act and its operation shall be undertaken by any committee of the House of Commons that may be designated or established by the House of Commons for that purpose.

(3) The committee referred to in subsection (2) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the House of Commons, submit a report on the review to that House, including its recommendation with respect to extending the operation of this Act.

(4) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of this Act and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by the House of Commons.

(5) A motion for the adoption of the resolution may be debated but may not be amended. At the conclusion of the debate, the Speaker of the House of Commons shall immediately put every question necessary to determine whether or not the motion is concurred in.

(6) The operation of this Act may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Bruce Hyer for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 11, be amended by adding after line 17 on page 24 the following:

“SUNSET PROVISION

34. This Act ceases to have effect on the day following the day that is the third anniversary of the coming into force of this section.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Wayne Easter previously stood which read as follows: That Bill C-51, in Clause 11, be amended by replacing line 8 on page 14 with the following:

“(b) the requirement to alert the Canadian Air Transport Security Authority of the screening of a person before they”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

After debate, Clause 11, as amended, carried on the following recorded division: YEAS: Diane Ablonczy, Ted Falk, Roxanne James, Rick Norlock, LaVar Payne — 5; NAYS: Rosane Doré Lefebvre, Wayne Easter, Randall Garrison, Jean Rousseau — 4.

 

By unanimous consent, Clauses 12 to 14 inclusive carried.

 

On new Clause 14.1,

Wayne Easter moved, — That Bill C-51 be amended by adding after line 3 on page 25 the following new clause:

“PART 2.1

NATIONAL SECURITY COMMITTEE OF PARLIAMENTARIANS ACT

Enactment of Act

14.1 The National Security Committee of Parliamentarians Act, whose text is as follows and whose Schedule is set out in schedule 2 to this Act, is enacted:

An Act to establish the National Security Committee of Parliamentarians

SHORT TITLE

1. This Act may be cited as the National Security Committee of Parliamentarians Act.

INTERPRETATION

2. The following definitions apply in this Act.

“appropriate minister”, in relation to information, means

(a) the appropriate Minister, within the meaning of the Financial Administration Act, for the department or other institution referred to in paragraph (a), (a.1), (c.1) or (d) of the definition “appropriate Minister” in section 2 of that Act, or

(b) the minister responsible, under any other Act of Parliament, for any other portion of the federal public administration,

in which or for which the information was produced or in which it was first received.

“Committee” means the National Security Committee of Parliamentarians established by section 4.

DESIGNATION OF MINISTER

3. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

COMMITTEE AND MEMBERS

4. (1) There is established a committee, to be known as the National Security Committee of Parliamentarians, which is to be composed of members of both Houses of Parliament who are not ministers of the Crown or parliamentary secretaries, and of whom not more than three may be senators and not more than six may be members of the House of Commons.

(2) The Committee is not a committee of either House of Parliament or of both Houses.

5. (1) Members of the Committee must be appointed by the Governor in Council and hold office during pleasure until the dissolution of Parliament following their appointment.

(2) A member of either House belonging to an opposition party recognized in that House may only be appointed a member of the Committee after consultation with the leader of that party.

(3) A member of the Committee ceases to be a member on appointment as a minister of the Crown or parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.

6. (1) The Chair of the Committee must be designated by the Governor in Council from among the members of the Committee.

(2) The Chair must be paid the remuneration fixed by the Governor in Council.

(3) The Chair may designate one of the other members to act as Chair in his or her absence for a period not exceeding 45 days.

(4) The Chair or acting Chair may vote at meetings of the Committee and, in the case of equality of votes, also has a deciding vote.

7. (1) Members of the Committee other than the Chair are not to be remunerated for their services in connection with the work of the Committee.

(2) Members of the Committee are entitled to be reimbursed, in accordance with directives of the Treasury Board, for expenses incurred by them in connection with the work of the Committee while they are absent

(a) from the National Capital Region, as described in the schedule to the National Capital Act, on days that the Senate or the House of Commons, as the case may be, is sitting; or

(b) from their ordinary place of residence, at any other time.

8. Despite section 32 of the Parliament of Canada Act, no member of the Committee is ineligible to be a member of the House of Commons or to sit or vote in that House by reason of the payment of remuneration under subsection 6(2) or the reimbursement of expenses under subsection 7(2).

SECURITY AND CONFIDENTIALITY

9. Each member of the Committee must, before commencing the duties of office, take an oath in the form set out in the schedule to this Act, and must comply with the oath both during and after the member’s term of appointment.

10. For purposes of the Security of Information Act, each member of the Committee is a person permanently bound to secrecy.

11. Despite any other Act of Parliament, members of the Committee may not claim immunity based on parliamentary privilege for the use or communication of information that comes into their possession or knowledge in their capacity as members of the Committee.

12. Meetings of the Committee must be held in camera whenever the Chair, a majority of members present or the Minister considers it necessary for the Committee to do so.

MANDATE OF COMMITTEE

13. The mandate of the Committee is to review

(a) the legislative, regulatory, policy and administrative framework for national security in Canada, and activities of federal departments and agencies in relation to national security; and

(b) any matter relating to national security that the Minister refers to the Committee.

POWERS OF THE COMMITTEE

14.The Committee has the power to summon before it any witnesses, and to require them to

(a) give evidence orally or in writing, and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and

(b) produce such documents and things as the Committee deems requisite for the performance of its duties and functions.

15. (1) Despite any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (2), the Committee is entitled to have access to any information under the control of federal departments and agencies that relates to the performance of the duties and functions of the Committee and to receive from their employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions.

(2) No information described in subsection (1), other than a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.

REGULATIONS

16. (1) The Governor in Council may make regulations

(a) respecting the manner in which the Committee exercises its mandate;

(b) respecting the protection of information produced, obtained or kept by or on behalf of the Committee; and

(c) generally for carrying out the purposes and provisions of this Act.

(2) The Statutory Instruments Act does not apply in respect of regulations made under this section.

REPORT

17. (1) The Committee must submit an annual report to the Prime Minister on reviews conducted by the Committee during the year under section 13.

(2) The Prime Minister may, after the Chair of the Committee has been consulted, exclude from the copy of the report that is to be laid before each House of Parliament under subsection (3) any information whose disclosure would, in the Prime Minister’s opinion, be injurious to national security, national defence or international relations.

(3) The Prime Minister must cause a copy of the report to be laid before each House of Parliament within the first 45 days on which that House is sitting after the Prime Minister receives the report.

Consequential Amendment to the Security of Information Act

14.2 Section 12 of the Security of Information Act is amended by adding the following after subsection (1):

(1.1) Subject to subsection (2), a certificate purporting to have been issued by or under the authority of the President of the Queen’s Privy Council for Canada, stating that a person is a member or former member of the National Security Committee of Parliamentarians — and, as such, is a person permanently bound to secrecy by virtue of section 10 of the National Security Committee of Parliamentarians Act — shall be received and is admissible in evidence in any proceedings for an offence under section 13 or 14, without proof of the signature or authority of the President, and, in the absence of evidence to the contrary, is proof of the fact so stated.”

 

RULING BY THE CHAIR

Bill C-51 seeks to enact the Secure Air Travel Act and to make related and consequential amendments to other Acts. The amendment attempts to establish a National Security Committee of Parliamentarians. It calls for the Chair of the Committee to be paid, and also allows for the Members of the Committee to be reimbursed for their expenses.

As House of Commons Procedure and Practice, Second Edition, states on pages 767-768:

“Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.”

In the opinion of the Chair, the amendment proposes a new scheme, which would impose a charge on the public treasury. Therefore I rule the amendment inadmissible.

 

Clause 15 carried.

 

On Clause 16,

Wayne Easter moved, — That Bill C-51, in Clause 16, be amended by replacing line 2 on page 26 with the following:

“nicating statements, wilfully advocates or”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 16, be amended by replacing lines 2 to 7 on page 26 with the following:

“nicating statements, willfully advocates or promotes the commission of an act or omission that constitutes a terrorist activity, for the purpose of inciting the commission of a terrorist activity, while knowing that such an act or omission will be”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 16, be amended by adding after line 11 on page 26 the following:

“(1.1) No person shall be convicted of an offence under subsection (1)

(a) if the communication was in private conversation;

(b) if, in good faith, the person expressed, or attempted to establish by an argument, an opinion on a religious subject or an opinion based on a belief in a religious text;

(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he or she believed them to be true;

(d) if, in good faith, he or she intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada; or

(e) if, in good faith, he or she was communicating for educational purposes or for the purpose of deradicalization.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 16, be amended by replacing lines 27 to 30 on page 27 with the following:

“counsels or instructs the commission of a terrorism offence, but does not include material produced or made available by a person

(a) if, in good faith, the person expressed, or attempted to establish by an argument, an opinion on a religious subject or an opinion based on a belief in a religious text;

(b) if the material was relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he or she believed the material to be true;

(c) if, in good faith, he or she intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada;

(d) if, in good faith, he or she intended to use the material for educational purposes or for the purpose of deradicalization; or

(e) if the material was for private use.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 16, be amended by replacing line 28 on page 28 with the following:

“effectually as if the person had appeared, but must appoint a special advocate to protect the interests of the person in their absence.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 
Rosane Doré Lefebvre moved, — That Bill C-51, in Clause 16, be amended by adding after line 28 on page 29 the following:

“SUNSET PROVISION

83.224 (1) Sections 83.221, 83.222 and 83.223 cease to have effect at the end of the 15th sitting day of the House of Commons after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (4) — passed by the House of Commons in accordance with the rules set out in subsection (5).

(2) A comprehensive review of sections 83.221, 83.222 and 83.223 and their operation shall be undertaken by any committee of the House of Commons that may be designated or established by the House of Commons for that purpose.

(3) The committee referred to in subsection (2) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the House of Commons, submit a report on the review to that House, including its recommendation with respect to extending the operation of section 83.221, 83.222 or 83.223.

(4) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.221, 83.222 or 83.223 and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by the House of Commons.

(5) A motion for the adoption of the resolution may be debated but may not be amended. At the conclusion of the debate, the Speaker of the House of Commons shall immediately put every question necessary to determine whether or not the motion is concurred in.

(6) The operation of section 83.221, 83.222 or 83.223 may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.”

 

After debate, the question was put on the amendment of Rosane Doré Lefebvre and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Wayne Easter moved, — That Bill C-51, in Clause 16, be amended by adding after line 28 on page 29 the following:

“83.224 (1) Sections 83.22, 83.221, 83.222 and 83.223 cease to have effect at the end of the 15th sitting day of Parliament after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (4) — passed by both Houses of Parliament in accordance with the rules set out in subsection (5).

(2) A comprehensive review of sections 83.22, 83.221, 83.222 and 83.223 and their operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

(3) The committee referred to in subsection (2) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including its recommendation with respect to extending the operation of section 83.22, 83.221, 83.222 or 83.223.

(4) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.22, 83.221, 83.222 or 83.223 and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by both Houses of Parliament.

(5) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

(6) The operation of section 83.22, 83.221, 83.222 or 83.223 may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.

(7) In subsection (1), “sitting day of Parliament” means a day on which both Houses of Parliament sit.”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 16, be amended by adding after line 28 on page 29 the following:

“SUNSET PROVISION

83.224 Sections 83.221, 83.222 and 83.223 cease to have effect on the day following the day that is the third anniversary of the coming into force of this section.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

After debate, Clause 16 carried on the following recorded division: YEAS: Diane Ablonczy, Ted Falk, Roxanne James, Rick Norlock, LaVar Payne — 5; NAYS: Rosane Doré Lefebvre, Wayne Easter, Randall Garrison, Jean Rousseau — 4.

 

On Clause 17,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Louis Plamondon for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 17, be amended by replacing line 29 on page 29 to line 20 on page 30 with the following:

“17. (1) Section 83.3 of the Act is amended by”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 17, be amended by replacing lines 29 to 37 on page 29 with the following:

“17. Paragraph 83.3(2)(a) of the Act is replaced by the following:

(a) believes on reasonable grounds that a terrorist activity will be carried out imminently; and”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 17, be amended by replacing lines 17 to 19 on page 30 with the following:

“(b) the peace officer believes on reasonable grounds that the detention of the person is necessary to prevent the carrying out of a terrorist activity that involves a serious and imminent threat to the life or health of another person or to public safety.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

After debate, Clause 17 carried on the following recorded division: YEAS: Diane Ablonczy, Wayne Easter, Ted Falk, Roxanne James, Rick Norlock, LaVar Payne — 6; NAYS: Rosane Doré Lefebvre, Randall Garrison, Jean Rousseau — 3.

 

Clause 18 carried by a show of hands: YEAS: 6; NAYS: 2.

 

On new Clause 18.1,

Wayne Easter moved, — That Bill C-51 be amended by adding after line 30 on page 32 the following new clause:

“18.1 (1) Subsection 83.32(1) of the Act is replaced by the following:

83.32 (1) Sections 83.28, 83.29 and 83.3 cease to have effect at the end of the 15th sitting day of Parliament after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

(2) Subsection 83.32(2) of the Act is replaced by the following:

(2) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.28, 83.29 or 83.3 and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by both Houses of Parliament.

(3) Subsection 83.32(4) of the Act is replaced by the following:

(4) The operation of section 83.28, 83.29 or 83.3 may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.”

 

RULING BY THE CHAIR

The Bill seeks to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.

This amendment proposes to modify section 83.32 of the Criminal Code.

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since section 83.82 of the Criminal Code is not being amended by Bill C-51, it is therefore the opinion of the Chair that the amendment is inadmissible.

 

By unanimous consent, Clauses 19 and 20 carried by a show of hands: YEAS: 6; NAYS: 2.

 

On Clause 21,

Wayne Easter moved, — That Bill C-51, in Clause 21, be amended by replacing lines 25 to 27 on page 33 with the following:

“(1.1) The application may be made, before the proceedings begin, to the judge or”

 

By unanimous consent, the amendment was withdrawn.

 

Clause 21 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On Clause 22,

Wayne Easter moved, — That Bill C-51, in Clause 22, be amended by replacing line 42 on page 33 with the following:

“application of the prosecutor or on”

 

By unanimous consent, the amendment was withdrawn.

 

By unanimous consent, Clauses 22 to 24 carried by a show of hands: YEAS: 6; NAYS: 3.

 

After debate, Clause 25 carried by a show of hands: YEAS: 6; NAYS: 3.

 

By unanimous consent, Clauses 26 to 30 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On Clause 31,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 31, be amended by replacing lines 23 to 25 on page 40 with the following:

“cordings that counsel or recommend a specific act or omission that would constitute a terrorism offence or a terrorist activity;” as a separate provision”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

After debate, Clause 31 carried by a show of hands: YEAS: 6; NAYS: 3.

 

After debate, Clause 32 carried by a show of hands: YEAS: 6; NAYS: 3.

 

By unanimous consent, Clauses 33 to 39 carried by a show of hands: YEAS: 6; NAYS: 3.

 

At 6:35 p.m., the sitting was suspended.

At 6:51 p.m., the sitting resumed.

 

On new Clause 39.1,

Randall Garrison moved, — That Bill C-51 be amended by adding before line 21 on page 48 the following new clause:

“39.1 Section 2 of the Canadian Security Intelligence Service Act is amended by adding the following in alphabetical order:

“Inspector General” means the Inspector General appointed pursuant to subsection 30(1);”

 

RULING BY THE CHAIR

The Bill seeks to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.

This amendment proposes to modify section 2 of the Canadian Security Intelligence Service Act.

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since section 2 of the Canadian Security Intelligence Act is not being amended by Bill C-51, it is therefore the opinion of the Chair that the amendment is inadmissible.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51 be amended by adding before line 21 on page 48 the following new clause:

“39.1 Paragraph (b) of the definition “threats to the security of Canada" in section 2 of the Canadian Security Intelligence Service Act is replaced by the following:

(b) foreign directed activities within or directly relating to Canada that are detrimental to the interests of Canada and are surreptitious or deceptive or involve a serious threat to any person,”

 

RULING BY THE CHAIR

The Bill seeks to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.

This amendment proposes to modify section 2 of the Canadian Security Intelligence Service Act.

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since section 2 of the Canadian Security Intelligence Act is not being amended by Bill C-51, it is therefore the opinion of the Chair that the amendment is inadmissible.

 

By unanimous consent, Clauses 40 and 41 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On Clause 42,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 42, be amended by deleting line 22 on page 49 to line 8 on page 50.

 

RULING BY THE CHAIR

The amendment seeks to delete all of the lines of the clause number 42.

As House of Commons Procedure and Practice, Second Edition, states on page 768:

“An amendment that attempts to delete an entire clause is out of order, since voting against the adoption of the clause in question would have the same effect.”

As Members are aware, parliamentary practice does not permit to be done indirectly what cannot be done directly. The amendment is therefore inadmissible.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 42, be amended by replacing line 23 on page 49 with the following:

“believe that an activity described in paragraph (a) or (c) of the definition "threats to the security of Canada" in section 2 constitutes a”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 
Wayne Easter moved, — That Bill C-51, in Clause 42, be amended by replacing lines 34 to 39 on page 49 with the following:

“measures might be contrary to Canadian law, unless the Service is authorized to take them by a warrant issued under section 21.1 and the measures will not contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms.”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 42, be amended by replacing lines 34 to 39 on page 49 with the following:

“measures will be contrary to Canadian law, unless the Service is authorized to take them by a warrant issued under section 21.1 and the measures will not contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 42, be amended by replacing lines 36 to 39 on page 49 with the following:

and Freedoms.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 
Roxanne James moved, — That Bill C-51, in Clause 42, be amended by adding after line 39 on page 49 the following:

“(4) For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power. ”

 

Randall Garrison moved, — That the amendment be amended by adding the words “or power to detain any person or transfer any person to another state” after the word “power”

 

After debate, the question was put on the subamendment of Randall Garrison and it was negatived on the following recorded division: YEAS: Rosane Doré Lefebvre, Wayne Easter, Randall Garrison, Jean Rousseau — 4; NAYS: Diane Ablonczy, Ted Falk, Roxanne James, Rick Norlock, LaVar Payne — 5.

 

After debate, the question was put on the amendment of Roxanne James and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 42, be amended by replacing line 44 on page 49 with the following:

“gence, death or bodily harm to an individual, including as a result of using torture within the meaning of subsection 269.1(2) of the Criminal Code or cruel, inhuman or degrading treatment or punishment within the meaning of the Convention Against Torture as defined in subsection 2(1) of the Immigration and Refugee Protection Act;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 42, be amended by adding after line 5 on page 50 the following:

“(d) cause, intentionally or by criminal negligence, loss of or serious damage to property;

(e) endanger the health or safety of any person; or

(f) detain any person.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

After debate, Clause 42, as amended, carried on the following recorded division: YEAS: Diane Ablonczy, Wayne Easter, Ted Falk, Roxanne James, Rick Norlock, LaVar Payne — 6; NAYS: Rosane Doré Lefebvre, Randall Garrison, Jean Rousseau — 3.

 

Clause 43 carried by a show of hands: YEAS: 5; NAYS: 3.

 

On Clause 44,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 44, be amended by replacing line 25 on page 51 with the following:

“accompanying the application and has determined that the measures proposed to be taken are consistent with the rule of law and with the principles of fundamental justice, the judge may”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 44, be amended by replacing lines 36 to 40 on page 51 with the following:

“(4) A judge may, in a”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 44, be amended by adding after line 23 on page 52 the following:

“(7) When an employee takes a measure authorized by a warrant issued under subsection (3), the Director shall, as soon as is feasible after the measure has been taken, and no later than one year after the taking of the measure, notify in writing any person who has been directly affected by the measure.

(8) The Minister may authorize the Director not to notify the person under subsection (1) until the Minister is of the opinion that notification would not

(a) compromise or hinder an ongoing measure authorized by a warrant issued under subsection (3);

(b) compromise the identity of an employee acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of an employee;

(c) endanger the life or safety of any person;

(d) prejudice a legal proceeding; or

(e) otherwise be contrary to the public interest.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 44, be amended by adding after line 23 on page 52 the following:

“21.2 The first time an application for a warrant under section 21.1 is made, the Director shall notify the Minister, who shall then, within the following year, convene a meeting with the Director, the Commissioner of the Royal Canadian Mounted Police, the Commissioner of the Communications Security Establishment, the President of the Canada Border Services Agency, and any other agency he deems necessary, to discuss the expansion of the role of the National Security Advisor to the Prime Minister in the Privy Council Office, as recommended by the findings in the final report of the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Clause 44 carried by a show of hands: YEAS: 5; NAYS: 3.

 

By unanimous consent, Clauses 45 to 48 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On new Clause 48.1

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51 be amended by adding after line 42 on page 54 the following new clause:

“48.1 The Act is amended by adding the following after section 27:

27.1 Despite any regulations made under section 28, sections 27.2 and 27.3 apply to hearings of applications for warrants described in sections 21.1, 22.1 and 22.3.

27.2 (1) The judge to whom an application for a warrant is made shall, after hearing representations from the Director or any employee designated by the Minister for the purpose of making an application for a warrant or the renewal of a warrant, appoint a person from the list referred to in subsection (2) to act as a special advocate in the proceeding. In appointing a person from the list, the judge must take into consideration whether the person, or the person included in a class of persons, to whom the warrant is proposed to be directed is a First Nation member.

(2) The Minister shall establish a list of persons, including First Nations members, who may act as special advocates and shall publish the list in a manner that the Minister of Justice considers appropriate to facilitate public access to it.

(3) The Statutory Instruments Act does not apply to the list referred to in subsection (2).

27.3 (1) A special advocate's role is to protect the interests of the person, or the person included in a class of persons, to whom, in a proceeding under any of sections 21.1, 22.1 or 22.3, a warrant issued under section 21.1. is proposed to be directed.

(2) A special advocate may challenge the relevance, reliability and sufficiency of information or other evidence that is provided by the Minister and is not disclosed to the person, or the person included in a class of persons, to whom the warrant is proposed to be directed and their counsel, and the weight to be given to the information or evidence.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Clause 49 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On new Clause 49.1,

Rosane Doré Lefebvre moved, — That Bill C-51 be amended by adding after line 7 on page 55 the following new clause:

“49.1 The Act is amended by adding the following after section 28:

PART II.1

SUNSET PROVISION

28.1 (1) Sections 12.1, 12.2, 21.1 and 22.1 to 22.3 cease to have effect at the end of the 15th sitting day of the House of Commons after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (4) — passed by the House of Commons in accordance with the rules set out in subsection (5).

(2) A comprehensive review of sections 12.1, 12.2, 21.1 and 22.1 to 22.3 and their operation shall be undertaken by any committee of the House of Commons that may be designated or established by the House of Commons for that purpose.

(3) The committee referred to in subsection (2) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the House of Commons, submit a report on the review to that House, including its recommendation with respect to extending the operation of section 12.1, 12.2, 21.1 or 22.1 to 22.3.

(4) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 12.1, 12.2, 21.1 or 22.1 to 22.3 and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by the House of Commons.

(5) A motion for the adoption of the resolution may be debated but may not be amended. At the conclusion of the debate, the Speaker of the House of Commons shall immediately put every question necessary to determine whether or not the motion is concurred in.

(6) The operation of section 12.1, 12.2, 21.1 or 22.1 to 22.3 may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.”

 

The question was put on the amendment of Rosane Doré Lefebvre and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Randall Garrison moved, — That Bill C-51 be amended by adding after line 7 on page 55 the following new clause:

“49.1 The Act is amended by adding the following after section 29:

Inspector General

30. (1) The Governor in Council shall appoint an officer to be known as the Inspector General, who is responsible to the Deputy Minister.

(2) The functions of the Inspector General are

(a) to monitor the compliance by the Service with its operational policies;

(b) to review the operational activities of the Service; and

(c) to submit certificates pursuant to subsection 33(2).

31. (1) Notwithstanding any other Act of Parliament but subject to subsection (2), the Inspector General is entitled to have access to any information under the control of the Service that relates to the performance of the duties and functions of the Inspector General and is also entitled to receive from the Director and employees such information, reports and explanations as the Inspector General deems necessary for the performance of those duties and functions.

(2) No information described in subsection (1), other than a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Inspector General on any grounds.

32. The Inspector General shall comply with all security requirements applicable by or under this Act to an employee and shall take the oath of secrecy set out in the schedule.

33. (1) The Director shall, in relation to every period of 12 months or such lesser period as is specified by the Minister, submit to the Minister, at such times as the Minister specifies, reports with respect to the operational activities of the Service during that period, and shall cause the Inspector General to be given a copy of each report.

(2) As soon as practicable after receiving a copy of a report referred to in subsection (1), the Inspector General shall submit to the Minister a certificate stating the extent to which the Inspector General is satisfied with the report and whether any act or thing done by the Service in the course of its operational activities during the period to which the report relates is, in the opinion of the Inspector General,

(a) not authorized by or under this Act or contravenes any directions issued by the Minister under subsection 6(2); or

(b) involves an unreasonable or unnecessary exercise by the Service of any of its powers.

(3) As soon as practicable after receiving a report referred to in subsection (1) and a certificate of the Inspector General referred to in subsection (2), the Minister shall cause the report and certificate to be transmitted to the Review Committee.”

 

RULING BY THE CHAIR

The Bill seeks to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.

This amendment proposes to add a new clause after section 29 of the Canadian Security Intelligence Service Act.

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since section 29 of the Canadian Security Intelligence Act is not being amended by Bill C-51, it is therefore the opinion of the Chair that the amendment is inadmissible.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Louis Plamondon for the consideration of the Committee, was deemed moved:

That Bill C-51 be amended by adding after line 7 on page 55 the following new clause:

“49.1 The Act is amended by adding the following after section 28:

PART II.1

SUNSET CLAUSE

28.1 (1) Sections 12.1, 12.2, 21.1 and 22.1 to 22.3 cease to have effect at the end of the 15th sitting day of Parliament after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (4) — passed by both Houses of Parliament in accordance with the rules set out in subsection (5).

(2) A comprehensive review of sections 12.1, 12.2, 21.1 and 22.1 to 22.3 and their operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

(3) The committee referred to in subsection (2) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including its recommendation with respect to extending the operation of section 12.1, 12.2, 21.1 or 22.1 to 22.3.

(4) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 12.1, 12.2, 21.1 or 22.1 to 22.3 and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by both Houses of Parliament.

(5) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

(6) The operation of section 12.1, 12.2, 21.1 or 22.1 to 22.3 may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.

(7) In subsection (1), “sitting day of Parliament” means a day on which both Houses of Parliament sit.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51 be amended by adding after line 7 on page 55 the following new clause:

“49.1 The Act is amended by adding the following after section 28:

PART II.1

SUNSET PROVISION

28.1 Sections 12.1, 12.2, 21.1 and 22.1 to 22.3 cease to have effect on the day following the day that is the third anniversary of the coming into force of this section.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

On Clause 50,

Randall Garrison moved, — That Bill C-51, in Clause 50, be amended by replacing line 8 on page 55 with the following:

“50. (1) Paragraph 38(1)(a) of the Act is amended by adding the following before subparagraph (ii):

(i) to review the reports of the Director and certificates of the Inspector General transmitted to it pursuant to subsection 33(3),

(2) Section 38 of the Act is amended by”

 

By unanimous consent, the amendment was withdrawn.

 
Wayne Easter moved, — That Bill C-51, in Clause 50, be amended

(a) by replacing lines 12 and 13 on page 55 with the following:

“Committee shall review the measures taken by the Service under sections 12.1 and 21.1 and all aspects of the Service's performance in”

(b) by adding after line 15 on page 55 the following:

“(1.11) The Review Committee shall, not later than September 30 in each year, submit to the Minister a report of the review referred to in subsection (1.1), and the Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day the Minister receives it.”

 

The question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Clause 50 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On new Clause 50.1,

Randall Garrison moved, — That Bill C-51 be amended by adding after line 15 on page 55 the following new clause:

“50.1 The Act is amended by adding the following after section 39:

39.1 (1) If the Review Committee is of the opinion that it is necessary for the performance of its duties and functions under this Act, of the mandate of the Communications Security Establishment continued under the National Defence Act or of the duties and functions of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established under the Royal Canadian Mounted Police Act, the Review Committee may share any information obtained under this Act with the Communications Security Establishment and the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

(2) Before sharing any information, the Review Committee must notify the Director and give the Director reasonable time to make submissions with regards to the sharing of information.

(3) The Director may present to the Review Committee an objection with respect to the sharing of information; if the Review Committee is convinced that the sharing of information would be seriously detrimental to the Service’s performance of its duties and functions under this Act, it may decide not to share the information.

(4) If the Review Committee dismisses the Director’s objection, the Director may make an application to a judge within 10 days for an order staying the sharing of information.

(5) The judge may issue the order if he or she is convinced on reasonable grounds that the sharing of information would be seriously detrimental to the Service’s performance of its duties and functions under this Act.

(6) The Review Committee may at any time make an application to a judge to lift the order on grounds of changed circumstances.

39.2 For greater certainty, the Review Committee may request information it believes necessary for the performance of its duties and functions under this Act from the Communications Security Establishment or the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police referred to in subsection 39.1(1). ”

 

RULING BY THE CHAIR

The Bill seeks to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.

This amendment proposes to add a new clause after section 39 of the Canadian Security Intelligence Service Act.

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since section 39 of the Canadian Security Intelligence Act is not being amended by Bill C-51, it is therefore the opinion of the Chair that the amendment is inadmissible.

 
Randall Garrison moved, — That Bill C-51 be amended by adding after line 15 on page 55 the following new clause:

“50.1 Paragraph 39(2)(a) of the Act is replaced by the following:

(a) to have access to any information under the control of the Service or of the Inspector General that relates to the performance of the duties and functions of the Committee and to receive from the Inspector General, Director and employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions; and

50.2 Paragraphs 40(1)(a) and (b) of the Act are replaced by the following:

(a) direct the Service or Inspector General to conduct a review of specific activities of the Service and provide the Committee with a report of the review; or

(b) if it considers that a review by the Service or the Inspector General would be inappropriate, conduct such a review itself.”

 

By unanimous consent, the amendment was withdrawn.

 

On Clause 51,

Randall Garrison moved, — That Bill C-51, in Clause 51, be amended by replacing lines 16 to 23 on page 55 with the following:

“51. Section 53 of the Act is replaced by the following:

53. (1) The Review Committee shall report annually to the House of Commons on the activities of the Committee during the preceding year.

(2) Each report of the Review Committee under subsection (1) shall call attention to anything that the Committee considers to be of significance and of a nature that should be brought to the attention of the House of Commons.

(3) In addition, the report shall specify the number of warrants issued under section 21.1 in the fiscal year and the number of applications for warrants made under that section that were refused in that year.

(4) Each report by the Review Committee to the House of Commons shall be submitted to the Speaker of the House of Commons on or before December 31 in the year to which the report relates and the Speaker of the House of Commons shall lay each report before the House of Commons forthwith after receiving it or, if that House is not then sitting, on any of the first 15 days on which that House is sitting after the Speaker receives it.”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

At 8:36 p.m., the sitting was suspended.

At 8:44 p.m., the sitting resumed.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 51, be amended by replacing lines 19 to 23 on page 55 with the following:

“(2) In addition, the report shall specify

(a) the number of warrants issued under section 21.1;

(b) the number of renewals issued under section 22.1;

(c) the number of assistance orders issued under section 22.3;

(d) the number of requests for assistance made under section 24.1; and

(e) the nature of the measures authorized under section 21.1.

(3) The report shall not contain any information the disclosure of which would

(a) compromise or hinder an ongoing measure authorized under section 21.1;

(b) compromise the identity of an employee acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of an employee;

(c) endanger the life or safety of any person;

(d) prejudice a legal proceeding; or

(e) otherwise be contrary to the public interest.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Clause 51 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On new Clause 51.1,

Randall Garrison moved, — That Bill C-51 be amended by adding after line 23 on page 55 the following new clause:

“PART 4.1

ROYAL CANADIAN MOUNTED POLICE ACT

51.1 The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:

45.471 (1) Despite any other provision in this Act, if the Commission is of the opinion that it is necessary for the performance of its duties and functions under this Act, of those of the Security Intelligence Review Committee established under the Canadian Security Intelligence Service Act or of the mandate of the Communications Security Establishment continued under the National Defence Act, the Commission may share any information obtained under this Act with the Security Intelligence Review Committee and the Communications Security Establishment.

(2) Before sharing any information, the Commission must notify the Commissioner and give the Commissioner reasonable time to make submissions with regards to the sharing of information.

(3) The Commissioner may present an objection with respect to the sharing of information to the Commission; if the Commission is convinced that the sharing of information would be seriously detrimental to the Commission’s performance of its duties and functions under this Act, it may decide not to share the information.

(4) If the Commission dismisses the Commissioner’s objection, the Commissioner may make an application within 10 days to a judge, within the meaning of section 2 of the Canadian Security Intelligence Service Act, for an order staying the sharing of information.

(5) The judge may issue the order if he or she is convinced on reasonable grounds that the sharing of information would be seriously detrimental to the Commission’s performance of its duties and functions under this Act.

(6) The Commission may at any time make an application to a judge to lift the order on grounds of changed circumstances.

45.472 For greater certainty, the Commission may request information it believes necessary for the performance of its duties and functions under this Act from the Security Intelligence Review Committee or the Communications Security Establishment referred to in subsection 45.471(1).”

 

RULING BY THE CHAIR

The Bill seeks to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.

This amendment proposes to modify sections of the Royal Canadian Mounted Police Act.

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since the Royal Canadian Mounted Police Act is not being amended by Bill C-51, it is therefore the opinion of the Chair that the amendment is inadmissible.

 
Randall Garrison moved, — That Bill C-51 be amended by adding after line 23 on page 55 the following new clause:

“PART 4.1

PRIVACY ACT

51.1 The Privacy Act is amended by adding the following after section 65:

65.1 (1) If the Privacy Commissioner is of the opinion that it is necessary for the performance of the mandate of the Office of the Privacy Commissioner under this Act, of the duties and functions of the Security Intelligence Review Committee established under the Canadian Security Intelligence Service Act or of those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established under the Royal Canadian Mounted Police Act, the Privacy Commissioner may share any information obtained under this Act with the Security Intelligence Review Committee and the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

(2) Before sharing any information, the Privacy Commissioner must notify the Minister and give him or her reasonable time to make submissions with regards to the sharing of information.

(3) The Minister may present an objection with respect to the sharing of information to the Privacy Commissioner; if the Privacy Commissioner is convinced that the sharing of information would be seriously detrimental to the performance of the mandate of the Office of the Privacy Commissioner under this Act, the Privacy Commissioner may decide not to share the information.

(4) If the Privacy Commissioner dismisses the Minister's objection, the Minister may make an application within 10 days to a judge, within the meaning of section 2 of the Canadian Security Intelligence Service Act, for an order staying the sharing of information.

(5) The judge may issue the order if he or she is convinced on reasonable grounds that the sharing of information would be seriously detrimental to the performance of the mandate of the Office of the Privacy Commissioner under this Act.

(6) The Privacy Commissioner may at any time make an application to a judge to lift the order on grounds of changed circumstances.

65.2 For greater certainty, the Privacy Commissioner may request information it believes necessary for the performance of the mandate of the Office of the Privacy Commissioner under this Act from the Security Intelligence Review Committee or the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police referred to in subsection 65.1(1).”

 

RULING BY THE CHAIR

The Bill seeks to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.

This amendment proposes to modify sections of the Privacy Act.

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since the Privacy Act is not being amended by Bill C-51, it is therefore the opinion of the Chair that the amendment is inadmissible.

 
Randall Garrison moved, — That Bill C-51 be amended by adding after line 23 on page 55 the following new clause:

“PART 4.1

NATIONAL DEFENCE ACT

51.1 The National Defence Act is amended by adding the following after section 273.64:

273.641 (1) If the Commissioner of the Communications Security Establishment is of the opinion that it is necessary for the performance of the Establishment's mandate under this Act, of the duties and functions of the Security Intelligence Review Committee established under the Canadian Security Intelligence Service Act or of those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established under the Royal Canadian Mounted Police Act, the Commissioner may share any information obtained under this Act with the Security Intelligence Review Committee and the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

(2) Before sharing any information, the Commissioner of the Communications Security Establishment must notify the Chief of the Defence Staff and give him or her reasonable time to make submissions with regards to the sharing of information.

(3) The Chief of the Defence Staff may present an objection with respect to the sharing of information to the Commissioner of the Communications Security Establishment; if the Commissioner is convinced that the sharing of information would be seriously detrimental to the Establishment’s performance of its mandate under this Act, the Commissioner may decide not to share the information.

(4) If the Commissioner of the Communications Security Establishment dismisses the Chief of the Defence Staff’s objection, the Chief of the Defence Staff may make an application within 10 days to a judge, within the meaning of section 2 of the Canadian Security Intelligence Service Act, for an order staying the sharing of information.

(5) The judge may issue the order if he or she is convinced on reasonable grounds that the sharing of information would be seriously detrimental to the Communications Security Establishment’s performance of its mandate under this Act.

(6) The Commissioner of the Communications Security Establishment may at any time make an application to a judge to lift the order on grounds of changed circumstances.

273.642 For greater certainty, the Commissioner of the Communications Security Establishment may request information it believes necessary for the performance of the Establishment's mandate under this Act from the Security Intelligence Review Committee or the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police referred to in subsection 273.641(1).”

 

RULING BY THE CHAIR

The Bill seeks to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.

This amendment proposes to modify sections of the National Defence Act.

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since the National Defence Act is not being amended by Bill C-51, it is therefore the opinion of the Chair that the amendment is inadmissible.

 

By unanimous consent, Clauses 52 and 53 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On Clause 54,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 54, be amended by replacing line 12 on page 56 with the following:

“and all other information related to the information's origin and reliability, as well as”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 54 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On Clause 55,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 55, be amended by replacing lines 29 to 39 on page 56 with the following:

“79.1 The appeal suspends the execution of the”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

 

Clause 55 carried by a show of hands: YEAS: 5; NAYS: 3.

 

On Clause 56,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 56, be amended by replacing lines 1 to 11 on page 57 with the following:

“82.31 The appeal suspends the execution of the”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

Clause 56 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On Clause 57,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 57, be amended by replacing lines 14 to 34 on page 57 with the following:

“57. Subsection 83(1) of the Act is amended”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

By unanimous consent, Clauses 57 and 58 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On Clause 59,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 59, be amended

(a) by replacing lines 11 to 16 on page 58 with the following:

“of all the information and other evidence that relates to the permanent resident or foreign national in a proceeding under any of sections 78 and 82 to 82.2 and all the information that relates to the information's origin and reliability, but that is not disclosed to the”

(b) by replacing line 21 on page 58 with the following:

“Minister's possession and that is related to”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Randall Garrison moved, — That Bill C-51, in Clause 59, be amended by replacing lines 20 and 21 on page 58 with the following:

“of any other information or evidence that is in the Minister's possession and that relates to”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 59 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On Clause 60,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 60, be amended by replacing lines 45 to 47 on page 58 with the following:

“tion or other evidence. Section 83 applies in respect of”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 60, be amended by replacing lines 4 to 14 on page 59 with the following:

“87.01 The appeal suspends the execution of the”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51, in Clause 60, be amended by adding after line 16 on page 59 the following:

“SUNSET PROVISION

87.02 Sections 79.1 and 82.31, paragraphs 83(1)(c.1), (c.2) and (k) and sections 86.1 and 87.01 cease to have effect on the day following the day that is the third anniversary of the coming into force of this section.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Clause 60 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On new Clause 60.1,

Randall Garrison moved, — That Bill C-51 be amended by adding after line 16 on page 59 the following new clause:

“PART 5.1

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS ACT

60.1 The Department of Public Safety and Emergency Preparedness Act is amended by adding the following after section 6:

COMMUNITY OUTREACH AND COUNTER-RADICALIZATION COORDINATOR

6.1 (1) The Governor in Council shall appoint an officer, to be called the Community Outreach and Counter-Radicalization Coordinator, who shall act under the instructions of the Minister.

(2) The mandate of the Coordinator shall be to liaise with government departments, agencies, academic experts, community leaders and associations in order to implement, coordinate and lead government initiatives to build relationships with communities at risk of radicalization and to counter violent extremism in Canada.

(3) The Coordinator holds office during pleasure for a term of not more than five years.

(4) In the event of the absence or incapacity of the Coordinator, or if the office of the Coordinator is vacant, the Minister may appoint a qualified person to exercise the powers and perform the duties and functions of the Coordinator, but no person may be so appointed for a term of more than 90 days without the approval of the Governor in Council.

(5) The Coordinator and any person appointed under subsection (4) are entitled to be paid reasonable travel and living expenses incurred in the course of performing their duties while absent from their ordinary place of work.

(6) The Coordinator and any person appointed under subsection (4) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.”

 

RULING BY THE CHAIR

The Bill seeks to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.

This amendment proposes to modify sections of the Department of Public Safety and Emergency Preparedness Act .

As House of Commons Procedure and Practice, second edition, states on pages 766-767:

“… an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since the Department of Public Safety and Emergency Preparedness Act is not being amended by Bill C-51, it is therefore the opinion of the Chair that the amendment is inadmissible.

 

By unanimous consent, Clauses 61 and 62 carried by a show of hands: YEAS: 6; NAYS: 3.

 

On new Clause 63,

Randall Garrison moved, — That Bill C-51 be amended by adding after line 28 on page 59 the following new clause:

“PART 6

REPORT TO PARLIAMENT

63. (1) Within 30 months after this section comes into force, a comprehensive review of the provisions enacted by this Act and their operation shall be undertaken by a committee of the House of Commons that may be designated or established for that purpose.

(2) The committee shall, within one year after the review is undertaken under subsection (1), submit a report to the House of Commons, including a statement of any changes that the committee recommends.”

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Wayne Easter moved, — That Bill C-51 be amended by adding after line 28 on page 59 the following new clause:

“PART 6

REPORT TO PARLIAMENT

63. (1) Within three years after this section comes into force, a comprehensive review of the provisions enacted by this Act and their operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

(2) The committee shall, within one year after the review is undertaken under subsection (1), submit a report to Parliament, including a statement of any changes that the committee recommends.”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Maria Mourani for the consideration of the Committee, was deemed moved:

That Bill C-51 be amended by adding after line 28 on page 59 the following new clause:

“PART 6

REPORT TO PARLIAMENT

63. (1) Within two years after this section comes into force, a comprehensive review of the provisions enacted by this Act and their operation shall be undertaken by any committee of the House of Commons that may be designated or established for that purpose.

(2) The committee shall, within one year after the review is undertaken under subsection (1), submit a report to the House of Commons, including a statement of any changes that the committee recommends.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Randall Garrison moved, — That Bill C-51 be amended by adding after line 28 on page 59 the following new clause:

“PART 6

COMMITTEE ON SECURITY AND INTELLIGENCE OVERSIGHT

63. (1) Within six months after the day on which this Act is assented to, a committee of the House of Commons established for that purpose is to undertake a study to determine the appropriate method of parliamentary oversight of Canadian government policies, regulations and activities in the area of intelligence, including those of all departments, agencies and civilian and military review bodies involved in the collection, analysis and dissemination of intelligence relating to Canada's national security.

(2) In the course of its study, the committee must consider the methods of oversight adopted by other countries and their experiences.

(3) The committee shall, within one year after the day on which this Act is assented to, submit a report to Parliament containing its findings and its recommendations.

64. (1) The committee is to be composed of at least 12 members, including seven appointed by the leader of the government party, four by the leader of the opposition party and one by the leader of any other recognized party in opposition.

(2) The committee must elect a Chair from the members appointed by the leader of the government party and a Vice-Chair chosen from each of the recognized parties in opposition.”

 

RULING BY THE CHAIR

Bill C-51 enacts the Security of Canada Information Sharing Act and the Secure Air Travel Act, amends the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and makes related and consequential amendments to other Acts.

The amendment seeks to create a Parliamentary committee on security and intelligence oversight, which would have as its mandate, oversight over regulations and activities in the area of intelligence. The mandate would include activities and regulations from all departments, agencies and civilian and military bodies involved in the collection, analysis and dissemination of intelligence relating to Canada’s national security.

As House of Commons Procedure and Practice, Second Edition, states on page 766:

“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.”

In the opinion of the Chair, the mandate of this proposed committee is much broader than what is envisioned and contained in C-51 and is therefore beyond the scope of the Bill. Therefore I rule the amendment inadmissible.

 

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-51 be amended by adding after line 28 on page 59 the following new clause:

“PART 6

REVIEW AND REPORT

63. (1) Within two years after this section comes into force, a comprehensive review of the provisions enacted by this Act and their operation shall be undertaken by any committee of the House of Commons that may be designated or established for that purpose.

(2) The committee shall, within one year after the review is undertaken under subsection (1) or within such further time as the House of Commons may allow, submit a report to the House, including a statement of any changes that the committee recommends.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

The Schedule carried.

 

Clause 1, Short Title, carried.

 

The Title carried.

 

The Bill, as amended, carried on the following recorded division: YEAS: Diane Ablonczy, Wayne Easter, Ted Falk, Roxanne James, Rick Norlock, LaVar Payne — 6; NAYS: Rosane Doré Lefebvre, Randall Garrison, Jean Rousseau — 3.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-51, as amended, be reprinted for the use of the House at report stage.

 

At 10:06 p.m., the Committee adjourned to the call of the Chair.

 



Leif-Erik Aune
Clerk of the Committee

 
 
2015/04/24 8:09 a.m.