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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 81
Monday, November 6, 2023, 10:59 a.m. to 12:06 p.m.
Webcast
Presiding
Ron McKinnon, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Dancella Boyi, Legislative Clerk
 
Library of Parliament
• Alexsandra Ferland, Analyst
• Sabrina Charland, Analyst
Canada Border Services Agency
• Philippe Tremblay, Acting Director, Public Complaints and External Review Division/Recourse
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
• Joanne Gibb, Senior Director, Strategic Operations and Policy Directorate
• Lesley McCoy, General Counsel
Department of Public Safety and Emergency Preparedness
• Randall Koops, Director General, International Border Policy
• Martin Leuchs, Manager, Border Policy Division
• Deidre Pollard-Bussey, Director, Policing Policy
Royal Canadian Mounted Police
• Stéphane Drouin, Director General, Workplace Responsibility Branch, Professional Responsibility Sector
Pursuant to the order of reference of Friday, November 25, 2022, the committee resumed consideration of Bill C-20, An Act Establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments.

The witnesses answered questions.

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

By unanimous consent, Clause 41 previously carried was reconsidered.

On Clause 41,

Iqwinder Gaheer moved, — That Bill C-20, in Clause 41, be amended by replacing line 13 on page 28 with the following:

“notice and the reasons for the withdrawal to the Commission or the President.”

After debate, the question was put on the amendment of Iqwinder Gaheer and it was agreed to.

By unanimous consent, Clause 53 previously carried was reconsidered.

On Clause 53,

Iqwinder Gaheer moved, — That Bill C-20, in Clause 53, be amended by replacing line 13 on page 36 with the following:

“52(1)(a) or (b), or subsection 52(5) applies; or”

After debate, the question was put on the amendment of Iqwinder Gaheer and it was agreed to.

On new Clause 96.1,

Peter Julian moved, — That Bill C-20 be amended by adding after line 30 on page 56 the following new clause:

“96.1 Section 40 of the Act is amended by adding the following after subsection (1):

(1.1) In any investigation under subsection (1), the RCMP shall disclose to the conduct authority and the member all evidence in paper or electronic form that is under its control and that may be relevant to the investigation.

(1.2) Despite subsection (1.1), the RCMP is not required to disclose any evidence the disclosure of which could reasonably be expected to be injurious to law enforcement, to the defence of Canada or any state allied or associated with Canada or to the detection, prevention or suppression of subversive or hostile activities.”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

On Clause 97,

Kristina Michaud moved, — That Bill C-20, in Clause 97, be amended

(a) by replacing line 1 on page 57 with the following:

“45.‍171 If an individual or third party makes a complaint under sub‐”

(b) by replacing line 5 on page 57 with the following:

“of Conduct, the individual or third party, as the case may be, and the Commission are to be”

After debate, the question was put on the amendment of Kristina Michaud and it was agreed to on division.

Clause 97, as amended, carried on division.

By unanimous consent, Clauses 98 to 110 inclusive carried severally.

On Clause 111,

Kristina Michaud moved, — That Bill C-20, in Clause 111, be amended by adding after line 34 on page 61 the following:

“(a.1) may have interfered with the proper administration of justice or functioning of the judicial process;

(a.2) may have infringed any of the rights or freedoms of a person, including by causing the detention or continued detention of that person without justification; or”

After debate, the question was put on the amendment of Kristina Michaud and it was negatived, by a show of hands: YEAS: 2; NAYS: 9.

Clause 111 carried on division.

Clause 112 carried on division.

Clause 113 carried on division.

On new Clause 113.1,

Doug Shipley moved, — That Bill C-20 be amended by adding after line 4 on page 67 the following new clause:

“RELATED AMENDMENTS

R.S., c. P-36

Public Service Superannuation Act

113.1 The heading before section 24.1 of the Public Service Superannuation Act is replaced by the following:

Correctional Service of Canada and Canada Border Services Agency

113.2 Section 24.2 of the Act is renumbered as subsection 24.2(1) and is amended by adding the following:

(2) Any person who is employed in operational service by the Canada Border Services Agency on or after the coming into force of this section and who is required by subsection 5(2) to contribute to the Public Service Pension Fund is entitled, at his or her option on ceasing to be employed in the public service, in respect of the operational service that is pensionable service to his or her credit, to an immediate annuity or annual allowance calculated in the manner prescribed by the regulations, in the circumstances and subject to the terms and conditions prescribed by those regulations, in lieu of any benefit to which that person is otherwise entitled under subsection 13(1) or 13.001(1) in respect of that service.

113.3 Subsection 24.4(1) of the Act is replaced by the following:

24.4 (1) Subject to subsections (2) and 5(6), every person who is employed in operational service by the Correctional Service of Canada on or after March 18, 1994, or by the Canada Border Services Agency on or after the coming into force of this subsection, and who is required by subsection 5(2) to contribute to the Public Service Pension Fund is, except in the circumstances described in subsection 5(3), required to contribute to the Public Service Pension Fund by reservation from salary or otherwise, in addition to any other amount required under this Act, any percentage of his or her salary that is determined by the Treasury Board on the recommendation of the Minister, which recommendation is to be based on actuarial advice.

113.4 Section 24.6 of the Act is replaced by the following:

24.6 If a person who was employed in operational service by the Correctional Service of Canada or the Canada Border Services Agency and who is receiving an annual allowance payable under section 24.2 is subsequently re-employed in the public service, the amount of any annuity or annual allowance to which he or she may become entitled under this Part on again ceasing to be employed in the public service shall be adjusted in accordance with regulations made under paragraph 42(1)(x.1) to take into account the amount of any annual allowance that he or she has received.

113.5 Paragraph 42.1(1)(n) of the Act is replaced by the following:

(n) prescribing the terms and conditions subject to which a person who ceases to be employed in operational service as defined in section 24.1, but continues to be employed by the Correctional Service of Canada or the Canada Border Services Agency, may irrevocably elect to be deemed to be employed in operational service while that person continues to be employed by the Correctional Service of Canada or the Canada Border Services Agency, as the case may be;

C.R.C., c. 1358

Public Service Superannuation Regulations

113.6 The heading after section 52 of the Public Service Superannuation Regulations is replaced by the following:

Correctional Service of Canada and Canada Border Services Agency

113.7 Section 53 of the Regulations is amended by adding the following after paragraph (a):

(a.1) any service by a person who is employed by the Canada Border Services Agency, who is described in the certificate issued by the Public Service Labour Relations Board on February 21, 2007 covering employees in the Border Services Group and who carries out their work in any place;

113.8 Paragraphs 53(b) and (c) of the Regulations are replaced by the following:

(b) any period of temporary absence of less than six months during which the person is employed in the public service other than in the Correctional Service of Canada or the Canada Border Services Agency, as the case may be, at the end of which the person returns to the service referred to in paragraph (a) or (a.1), respectively; and

(c) any period of temporary absence of two years or less during which the person is not employed in the service referred to in paragraph (a) or (a.1), as the case may be, but remains employed by the Correctional Service of Canada or the Canada Border Services Agency, respectively.

113.9 The portion of subsection 54(1) of the Regulations before paragraph (a) is replaced by the following:

54 (1) A person is deemed to be employed in operational service while employed by the Correctional Service of Canada or the Canada Border Services Agency if the person

113.10 Subsection 54(4) of the Regulations is replaced by the following:

(4) The election is irrevocable and remains in effect until the day before the day on which the person again becomes employed in operational service or until the day on which the person ceases to be employed by the Correctional Service of Canada or the Canada Border Services Agency, as the case may be.

C.R.C., c. 945

Income Tax Regulations

113.11 The definition public safety occupation in subsection 8500(1) of the Income Tax Regulations is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f), and by adding the following after paragraph (f):

(g) employee of the Canada Border Services Agency described in the certificate issued by the Public Service Labour Relations Board on February 21, 2007 covering employees in the Border Services Group;”

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 772 of House of Commons Procedure and Practice, Third Edition.

Clause 114 carried on division.

By unanimous consent, Clauses 115 to 136 inclusive carried severally.

On Clause 137,

Iqwinder Gaheer moved, — That Bill C-20, in Clause 137, be amended by replacing line 5 on page 72 with the following:

and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act,”

After debate, the question was put on the amendment of Iqwinder Gaheer and it was agreed to on division.

Clause 137, as amended, carried on division.

On Clause 138,

Iqwinder Gaheer moved, — That Bill C-20, in Clause 138, be amended by replacing line 10 on page 72 with the following:

Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act, any information that relates”

After debate, the question was put on the amendment of Iqwinder Gaheer and it was agreed to.

Clause 138, as amended, carried on division.

Clause 139 carried on division.

Clause 140 carried on division.

On Clause 141,

Iqwinder Gaheer moved, — That Bill C-20, in Clause 141, be amended by replacing line 7 on page 73 with the following:

“of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act if”

After debate, the question was put on the amendment of Iqwinder Gaheer and it was agreed to on division.

Clause 141, as amended, carried on division.

On Clause 142,

Iqwinder Gaheer moved, — That Bill C-20, in Clause 142, be amended by replacing line 15 on page 73 with the following:

sion Act or under regulations made under subparagraph 87(o.1)(ii) of that Act, provide the appropriate Minister and the”

After debate, the question was put on the amendment of Iqwinder Gaheer and it was agreed to.

Clause 142, as amended, carried on division.

Clause 143 carried on division.

Clause 144 carried on division.

Clause 145 carried on division.

The committee reverted to Clause 8 previously stood.

The committee resumed consideration of the subamendment of Jennifer O'Connell, — That the amendment be amended by deleting subparagraph (b) and (d).

The question was put on the subamendment of Jennifer O'Connell and it was agreed to.

The question was put on the amendment of Peter Julian, as amended, and it was agreed to on division.

Clause 8, as amended, carried on division.

The committee reverted to Clause 28 previously stood.

The committee resumed consideration of the amendment of Peter Julian, — That Bill C-20, in Clause 28, be amended

(a) by replacing line 16 on page 19 with the following:

“may, on the request of the Minister or of a committee of the Senate or of the House of Commons, or a committee of both Houses, or on its own initia‐”

(b) by replacing, in the English version, line 18 on page 19 with the following:

“and provide a report to the Minister, both Houses of Parliament and the Commis‐”

(c) by replacing line 25 on page 19 with the following:

“sion may, on the request of the Minister or of a committee of the Senate or of the House of Commons, or a committee of both Houses, or on its own ini‐”

(d) by replacing, in the English version, line 27 on page 19 with the following:

“Agency and provide a report to the Minister, both Houses of Parliament and the”

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

Peter Julian moved, — That Bill C-20, in Clause 28, be amended

(a) by replacing line 16 on page 19 with the following:

“may, on the request of the Minister, of union representatives for RCMP employees or of a committee of the Senate, of the House of Commons or of both Houses, or on its own initia‐”

(b) by replacing, in the English version, line 18 on page 19 with the following:

“and, as the case may be, provide a report to the Minister, union representatives for RCMP employees, the Senate, the House of Commons or the Commis‐”

(c) by replacing line 25 on page 19 with the following:

“sion may, on the request of the Minister, of union representatives for CBSA employees or of a committee of the Senate, of the House of Commons or of both Houses, or on its own ini‐”

(d) by replacing, in the English version, line 27 on page 19 with the following:

“Agency and, as the case may be, provide a report to the Minister, union representatives for CBSA employees, the Senate, the House of Commons or the”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Kristina Michaud moved, — That Bill C-20, in Clause 28, be amended

(a) by replacing line 16 on page 19 with the following:

“may, on the request of the Minister or a third party or on its own initia‐”

(b) by replacing line 25 on page 19 with the following:

“sion may, on the request of the Minister or a third party or on its own ini‐”

After debate, the question was put on the amendment of Kristina Michaud and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Peter Julian moved, — That Bill C-20, in Clause 28, be amended by replacing lines 29 to 34 on page 19 with the following:

“(3) Before conducting a review on its own initiative, the Commission must consider whether

(a) the handling of complaints under Part 2 will be compromised; and

(b) any other review or inquiry has been undertaken on”

After debate, the question was put on the amendment of Peter Julian and it was negatived.

Kristina Michaud moved, — That Bill C-20, in Clause 28, be amended

(a) by replacing lines 30 to 34 on page 19 with the following:

“Commission must be satisfied that no other review or inquiry has been undertaken on”

(b) by replacing lines 39 and 40 on page 19 with the following:

“that the Commission is satisfied that the condition referred to in subsection (3) has been met and setting out”

After debate, the question was put on the amendment of Kristina Michaud and it was agreed to.

Clause 28, as amended, carried on division.

Clause 1, Short Title, carried on division.

The Title carried on division.

The Bill, as amended, was adopted on division.

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

ORDERED, — That Bill C-20, as amended, be reprinted for the use of the House of Commons at report stage, on division.

At 12:06 p.m., the committee adjourned to the call of the Chair.



Simon Larouche
Clerk of the committee