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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 48
Tuesday, December 6, 2016, 3:33 p.m. to 4:54 p.m.
Presiding
Robert Oliphant, Chair (Liberal)

Library of Parliament
• Tanya Dupuis, Analyst
• Dominique Valiquet, Analyst
 
House of Commons
• Philippe Méla, Legislative Clerk
• Marie-France Renaud, Legislative Clerk
Department of Public Safety and Emergency Preparedness
• John Davies, Director General, National Security Policy
Privy Council Office
• Nancy Miles, Senior Legal Counsel
• Heather Sheehy, Director of Operations, Machinery of Government
• Allen Sutherland, Assistant Secretary, Machinery of Government
Pursuant to the Order of Reference of Tuesday, October 4, 2016, the Committee resumed consideration of Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts.

The witnesses answered questions.

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

On Clause 17,

Tony Clement moved, — That Bill C-22, in Clause 17, be amended by replacing line 1 on page 8 with the following:

“17 The Committee is to meet regularly while Parliament is in session, in accordance with a schedule determined at the Committee's first meeting. The Committee may also meet at the call of the Chair.”

Debate arose thereon.

Matthew Dubé moved, — That the amendment be amended by adding after the words “with a schedule“ the following: “and quorum requirements“

The question was put on the subamendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

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

Clause 17 carried by a show of hands: YEAS: 6; NAYS: 1.

Clause 18 carried by a show of hands: YEAS: 7; NAYS: 0.

On Clause 19,

Sven Spengemann moved, — That Bill C-22, in Clause 19, be amended by replacing lines 8 and 9 on page 8 with the following:

“only in the case of a tie.”

The question was put on the amendment of Sven Spengemann and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 19, as amended, carried by a show of hands: YEAS: 7; NAYS: 0.

Clause 20 carried by a show of hands: YEAS: 8; NAYS: 0.

On Clause 21,

Pam Damoff moved, — That Bill C-22, in Clause 21, be amended by replacing lines 17 to 19 on page 8 with the following:

“ing the preceding year. The report must contain

(a) the Committee’s findings;

(b) its recommendations, if any;

(c) any summary referred to in subsection (3); and

(d) the number of times in the preceding year that an appropriate Minister

(i) determined that a review referred to in paragraph 8(1)(b) would be injurious to national security, and

(ii) decided to refuse to provide information under subsection 16(1).”

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

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-22, in Clause 21, be amended

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

“Minister may advise the Committee to submit to the”

(b) by replacing lines 16 and 17 on page 9 with the following:

“the report or, if the Committee was advised to submit a revised version, a copy of the revised version.

(7) If the Committee has been advised by the Prime Minister to submit a revised version of the annual or special report to the Prime Minister under subsection (5), the report laid before each House of Parliament must be clearly identified as a revised version and must indicate the extent of, and reason for, the revision.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-22, in Clause 21, be amended (a) by replacing line 9 on page 9 with the following:

“Minister may advise the Committee to submit to the”

(b) by replacing line 16 on page 9 with the following:

“the report or, if the Committee was advised to submit a”

The question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 0; NAYS: 7.

Pam Damoff moved, — That Bill C-22, in Clause 21, be amended by adding after line 11 on page 9 the following:

“(5.1) If the Committee is directed by the Prime Minister to submit a revised version, the revised version must be clearly identified as a revised version and must indicate the extent of, and the reasons for, the revisions.”

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

Pam Damoff moved, — That Bill C-22, in Clause 21, be amended by replacing line 14 on page 9 with the following:

“of the first 30 days on which that House is sitting after a”

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

Pam Damoff moved, — That Bill C-22, in Clause 21, be amended by adding after line 17 on page 9 the following:

“(7) After it is tabled, the annual or special report stands referred to

(a) the Standing Committee on National Security and Defence of the Senate or, if there is not a Standing Committee on National Security and Defence, the appropriate committee of the Senate, as determined by its rules; and

(b) the Standing Committee on Public Safety and National Security of the House of Commons or, if there is not a Standing Committee on Public Safety and National Security, the appropriate committee of the House of Commons, as determined by its rules.”

After debate, the question was put on the amendment of Pam Damoff and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 21, as amended, carried by a show of hands: YEAS: 9; NAYS: 0.

On Clause 22,

Matthew Dubé moved, — That Bill C-22, in Clause 22, be amended by adding after line 23 on page 9 the following:

“(1.1) In addition to the information the review body may provide to the Committee under subsection (1), the appropriate review body must provide to the Committee the following:

(a) special reports referred to in subsection 45.51(1) of the Royal Canadian Mounted Police Act;

(b) information referred to in paragraph 273.63(2)(c) of the National Defence Act;

(c) the contents of briefings referred to in subsection 54(1) of the Canadian Security Intelligence Service Act; and

(d) special reports referred to in subsection 54(2) of the Canadian Security Intelligence Service Act.”

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

Matthew Dubé moved, — That Bill C-22, in Clause 22, be amended by replacing lines 25 to 28 on page 9 with the following:

“information that is a confidence of the Queen's Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act.”

After debate, the question was put on the amendment of Matthew Dubé and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 22 carried by a show of hands: YEAS: 6; NAYS: 0.

By unanimous consent, Clauses 23 to 30 inclusive carried severally.

Clause 31,

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-22, in Clause 31, be amended by replacing lines 20 to 28 on page 11 with the following:

“31 The appropriate Minister's decision to refuse to provide information under subsection 16(1) is final, except for judicial review under the Federal Courts Act.”

After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Matthew Dubé moved, — That Bill C-22, in Clause 31, be amended by deleting lines 20 to 28 on page 11.

The Chair ruled the proposed amendment inadmissible because it proposed the deletion of the clause, as provided on page 768 of House of Commons Procedure and Practice, Second Edition.

Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Michel Boudrias for the consideration of the Committee, was deemed moved:

That Bill C-22, in Clause 31, be amended by replacing lines 20 to 22 on page 11 with the following:

“31 (1) The appropriate Minister's deci-”

After debate, the question was put on the amendment of Michel Boudrias and it was negatived, by a show of hands: YEAS: 0; NAYS: 7.

Tony Clement moved, — That Bill C-22, in Clause 31, be amended by deleting lines 20 to 28 on page 11.

The Chair ruled the proposed amendment inadmissible because it proposed the deletion of the clause, as provided on page 768 of House of Commons Procedure and Practice, Second Edition.

Marco Mendicino moved, — That Bill C-22, in Clause 31, be amended by replacing line 21 on page 11 with the following:

“review referred to in paragraph 8(1)(b) would be injurious”

After debate, the question was put on the amendment of Marco Mendicino and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Clause 31, as amended, carried by a show of hands: YEAS: 7; NAYS: 1.

On New Clause 31.1,

Matthew Dubé moved, — That Bill C-22 be amended by adding after line 28 on page 11 the following new clause:

“31.1 The Committee must inform the appropriate Minister and the Attorney General of Canada of any activity that is carried out by a department and is related to national security or intelligence and that, in the Committee's opinion, may not be in compliance with the law.”

After debate, the question was put on the amendment of Matthew Dubé and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

By unanimous consent, Clauses 32 to 46 inclusive carried severally.

Clause 47, as amended, carried by a show of hands: YEAS: 7; NAYS: 0.

Clause 48 carried by a show of hands: YEAS: 7; NAYS: 0.

Clause 49 carried by a show of hands: YEAS: 6; NAYS: 0.

By unanimous consent, the Committee reverted to Clause 2 previously stood.

On Clause 2,

Sven Spengemann moved, — That Bill C-22, in Clause 2, be amended by replacing line 18 on page 1 with the following:

“Governor in Council made under that Act;

(c.1) with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act, the appropriate Minister as defined in that subsection; or”

After debate, the question was put on the amendment of Sven Spengemann and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

Sven Spengemann moved, — That Bill C-22, in Clause 2, be amended by replacing line 6 on page 2 with the following:

“Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. (min-

After debate, the question was put on the amendment of Sven Spengemann and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

Clause 2, as amended, carried by a show of hands: YEAS: 8; NAYS: 0.

On the Schedule,

Tony Clement moved, — That Bill C-22, be amended by replacing the schedule on page 17 with the following:

“I, ....................., swear (solemnly affirm) that I will be faithful and bear true loyalty to Canada and to its people and to Her Majesty, her heirs and successors, whose democratic beliefs I share, whose rights and freedoms I respect and whose laws I will uphold and obey. I further swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as a member of the National Security and Intelligence Committee of Parliamentarians and will not communicate or use without due authority any information obtained in confidence by me in that capacity.”

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

After debate, the Schedule carried by a show of hands: YEAS: 6; NAYS: 0

Clause 1, Short Title, carried by a show of hands: YEAS: 6; NAYS: 0.

The Title carried by a show of hands: YEAS: 6; NAYS: 0.

The Bill, as amended, carried by recorded division:

YEAS: Pam Damoff, Nicola Di Iorio, Matthew Dubé, Nathaniel Erskine-Smith, Ruby Sahota, Sven Spengemann — 6;

NAYS: Tony Clement, Bernard Généreux, Dianne L. Watts — 3.

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

ORDERED, — That Bill C-22, as amended, be reprinted for the use of the House at report stage.

At 4:54 p.m., the Committee adjourned to the call of the Chair.



Jean-Marie David
Clerk of the Committee