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Tuesday, June 20, 2006 (No. 44)


Report Stage of Bills

Bill C-2
An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability

Notices of Motions

Motion No. 1 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 2, be amended by replacing line 12 on page 6 with the following:
“(2) No minister of the Crown, minister of state or parliamentary secretary shall, in his or her capacity as a member of the Senate or the House of Commons, debate or vote on a question that would place him or her in a conflict of interest.”
Motion No. 2 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 2, be amended
(a) by replacing, in the English version, line 10 on page 22 with the following:
“ministerial staff;”
(b) by replacing, in the English version, lines 16 and 17 on page 22 with the following:
“or decision-making power in the office of a minister of the Crown or a minister of state; and”
Motion No. 3 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 2, be amended by replacing line 1 on page 33 with the following:
“(2) Subject to subsection 6(2) and sections 21 and 30, nothing in this Act abrogates or dero-”
Motion No. 4 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 2, be amended by replacing lines 18 and 19 on page 33 with the following:
“67. (1) Within five years after the day on which this section comes into force, a comprehensive review”
Motion No. 5 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 75, be amended by adding after line 27 on page 76 the following:
“10.12 (1) Any person who is subject to this Act as if they were a senior public office holder by reason of subsection 2(3) may apply to the Commissioner for an exemption from section 10.11.
(2) The Commissioner may, on any conditions that the Commissioner specifies, exempt the person from the application of section 10.11 having regard to any circumstance or factor that the Commissioner considers relevant, including the following:
(a) the circumstances under which the person left the functions referred to in subsection 2(3);
(b) the nature, and significance to the Government of Canada, of information that the person possessed by virtue of the functions referred to in subsection 2(3);
(c) the degree to which the person’s new employer might gain unfair commercial advantage by hiring the person;
(d) the authority and influence that the person possessed while having the functions referred to in subsection 2(3); and
(e) the disposition of other cases.
(3) The Commissioner shall without delay cause every exemption and the Commissioner’s reasons for it to be made available to the public.
(4) The Commissioner may verify the information contained in any application under subsection (1).”
Motion No. 6 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 78, be amended by deleting lines 4 to 8 on page 80.
Motion No. 7 — June 19, 2006 — The President of the Treasury Board — That Bill C-2 be amended by adding after line 42 on page 84 the following new clause:
“88.11 (1) Any member of a transition team referred to in section 88.1 may apply to the Commissioner of Lobbying for an exemption from that section.
(2) The Commissioner of Lobbying may, on any conditions that the Commissioner of Lobbying specifies, exempt the member from the application of section 88.1 having regard to any circumstance or factor that the Commissioner of Lobbying considers relevant, including the following:
(a) the circumstances under which the member left the functions referred to in subsection 88.1(5);
(b) the nature, and significance to the Government of Canada, of information that the member possessed by virtue of the functions referred to in subsection 88.1(5);
(c) the degree to which the member’s new employer might gain unfair commercial advantage by hiring the member;
(d) the authority and influence that the member possessed while having the functions referred to in subsection 88.1(5); and
(e) the disposition of other cases.
(3) The Commissioner of Lobbying shall without delay cause every exemption and the Commissioner of Lobbying’s reasons for it to be made available to the public.
(4) The Commissioner of Lobbying may verify the information contained in any application under subsection (1).”
Motion No. 8 — June 19, 2006 — Mr. Godin (Acadie—Bathurst) — That Bill C-2, in Clause 89, be amended by adding after line 15 on page 85 the following:
“(2) However, the Commissioner shall not refuse under subsection (1) to disclose any record that contains information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded.”
Motion No. 9 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 99, be amended by deleting line 9 on page 89 to line 5 on page 90.
Motion No. 10 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 119, be amended by replacing, in the French version, line 37 on page 97 with the following:
“ce qui touche les prévisions budgétaires et les”
Motion No. 11 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 122, be amended by
(a) deleting lines 24 and 25 on page 102;
(b) deleting lines 29 to 32 on page 102.
Motion No. 12 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 123, be amended by
(a) replacing line 43 on page 105 to line 6 on page 106 with the following:
“selected candidate is referred for consideration to a committee of the House of Commons designated or established for that purpose.
(5) After the committee considers the question, the Attorney General may recommend to the Governor in Council that the selected candidate be appointed as Director, or may refer to the committee the appoint-”
(b) replacing lines 12 and 13 on page 106 with the following:
“for cause. The Director”
Motion No. 13 — June 19, 2006 — Mrs. Jennings (Notre-Dame-de-Grâce—Lachine) — That Bill C-2, in Clause 143, be amended by replacing line 1 on page 117 with the following:
“(b) any parent Crown corporation, and any wholly-owned”
Motion No. 14 — June 19, 2006 — Mr. Godin (Acadie—Bathurst) — That Bill C-2, in Clause 146, be amended by replacing lines 3 to 31 on page 118 with the following:
“16.1 (1) The following heads of government institutions shall refuse to disclose any record requested under this Act that contains information that was obtained or created by them or on their behalf in the course of an investigation, examination or audit conducted by them or under their authority:
(a) the Auditor General of Canada;
(b) the Commissioner of Official Languages for Canada;
(c) the Information Commissioner; and
(d) the Privacy Commissioner.
(2) However, the head of a government institution referred to in paragraph (1)(c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.”
Motion No. 15 — June 19, 2006 — Mr. Godin (Acadie—Bathurst) — That Bill C-2, in Clause 149, be amended by adding after line 28 on page 119 the following:
“(b.1) the National Arts Centre;”
Motion No. 16 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 150, be amended by replacing, in the French version, line 18 on page 120 with the following:
“les a traités de façon”
Motion No. 17 — June 19, 2006 — Mr. Godin (Acadie—Bathurst) — That Bill C-2, in the English version of Clause 165, be amended by adding after line 24 on page 124 the following:
“Atlantic Canada Opportunities Agency
Agence de promotion économique du Canada atlantique
Motion No. 18 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 165, be amended(b) by adding, in the French version, after line 44 on page 124 the following:
(a) by deleting, in the French version, lines 38 to 40 on page 124.
(b) by adding, in the French version, after line 44 on page 124 the following:
“Centre de recherches pour le développement international
International Development Research Centre
Motion No. 19 — June 19, 2006 — Mr. Godin (Acadie—Bathurst) — That Bill C-2, in the French version of Clause 165, be amended by adding after line 44 on page 124 the following:
“Centre de recherches pour le développement international
International Development Research Centre
Motion No. 20 — June 16, 2006 — Mr. Easter (Malpeque) — That Bill C-2 be amended by deleting Clause 165.1.
Motion No. 21 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 172.1, be amended by replacing, in the English version, line 5 on page 128 with the following:
“Corporation's mandate, the Minister shall review”
Motion No. 22 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 190, be amended by(b) adding, in the French version, after line 11 on page 135, the following:
(a) deleting, in the French version, lines 5 to 7 on page 135;
(b) adding, in the French version, after line 11 on page 135, the following:
“Centre de recherches pour le développement international
International Development Research Centre
Motion No. 23 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 210, be amended by
(a) replacing line 9 on page 163 with the following:
“210. (1) Subsection 38(1) of the Act is replaced by the following:
38. (1) Within three months after the end of each financial year, the Commissioner must prepare an annual report in respect of the activities of the Commissioner during that financial year.
(2) Paragraph 38(2)(b) of the Act is”
(b) replacing line 15 on page 163 with the following:
“(3) Subsection 38(2) of the Act is amended”
(c) replacing lines 21 and 22 on page 163 with the following:
“(4) Subsections 38(3) to (5) of the Act are replaced by the following:
(3) The Commissioner may, at any time, prepare a special report referring to and commenting on any matter within the scope of his or her powers and duties under this Act if, in his or her opinion, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for the submission of the annual report.”
(d) replacing lines 5 to 7 on page 164 with the following:
“(3.3) Within the period referred to in subsection (1) for the annual report and the period referred to in subsection (3.1) for a case report, and at any time for a special report, the Commissioner shall submit the report to the Speaker of the Senate and the”
(e) adding after line 13 on page 164 the following:
“(4) After it is tabled, every report the Commissioner stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the Commissioner’s reports.”
Motion No. 24 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 218, be amended by replacing line 29 on page 168 with the following:
“51. Subject to subsections 19.1(4) and 21.8(4), nothing in”
Motion No. 25 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 222, be amended by
(a) replacing line 9 on page 171 with the following:
“16.4 (1) The Public Sector Integrity Commis-”
(b) adding after line 22 on page 171 the following:
“(2) Subsection (1) does not apply in respect of a record that contains information referred to in paragraph (1)(b) if the person who gave the information to the conciliator consents to the record being disclosed.”
Motion No. 26 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 225, be amended by replacing line 36 on page 173 to line 7 on page 174 with the following:
“that was obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under the Public Servants Disclosure Protection Act or an investigation commenced under section 33 of that Act.”
Motion No. 27 — June 19, 2006 — Mr. Godin (Acadie—Bathurst) — That Bill C-2, in Clause 287, be amended by replacing lines 21 to 31 on page 195 and lines 1 to 23 on page 196 with the following:
“287. Section 3 of the Act is replaced by the following:
3. (1) The corporation called the National Capital Commission is continued, and shall consist of seven members, including a Chairperson and a Chief Executive Officer.
(2) Each member, other than the Chairperson and the Chief Executive Officer, shall be appointed by the Public Appointments Commission, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members.
(3) The Chairperson and the Chief Executive Officer shall be appointed by the Public Appointments Commission, with the approval of the Governor in Council, to hold office during pleasure for a term that the Public Appointments Commission considers appropriate.
(4) Each member, other than the Chairperson and the Chief Executive Officer, holds office during good behaviour for a term not exceeding four years.
(5) Each member, on the expiration of a first term of office, is eligible to be re-appointed for a further term not exceeding four years.
(6) The members shall be appointed as follows:
(a) two, ordinarily resident in the National Capital Region, from local municipalities in Ontario, at least two of whom must be from the city of Ottawa;
(b) two, ordinarily resident in the National Capital Region, from local municipalities in Quebec, at least one of whom shall be from the section of the city of Gatineau that is west of the Gatineau River; and
(c) three from Canada generally, other than from a city or municipality referred to in either of paragraphs (a) or (b).
(7) A member is eligible to be appointed from a local municipality if, at the time of the appointment, the member normally resides in that municipality.
(8) A vacancy in the membership of the Commission does not impair the right of the remaining members to act.
(9) The Public Service Superannuation Act does not apply to a member unless the Governor in Council otherwise directs.”
Motion No. 28 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 315, be amended by replacing, in the French version, lines 16 and 17 on page 206 with the following:
b) concernant la corruption ou la collusion au”
Motion No. 29 — June 19, 2006 — Mr. Godin (Acadie—Bathurst) — That Bill C-2, in Clause 315, be amended by adding after line 27 on page 206 the following:
“(e) requiring the public disclosure of basic information on contracts entered into with Her Majesty for the performance of work, the supply of goods or the rendering of services and having a value in excess of $10,000.”
Motion No. 30 — June 19, 2006 — The President of the Treasury Board — That Bill C-2, in Clause 315, be amended by replacing lines 19 to 25 on page 207 with the following:
“provincial government or a municipality, or any of their agencies;
(c.1) a band, as defined in subsection 2(1) of the Indian Act, or an aboriginal body that is party to a self-government agreement given effect by an Act of Parliament, or any of their agencies;”