Proceedings of the Standing Senate Committee on
Rules, Procedures and the Rights of Parliament
(Formerly Privileges, Standing Rules and Orders)
Issue 13 - Eighth Report of the Committee
Wednesday, December 5, 2001
The Standing Committee on Rules, Procedures and the Rights of Parliament (formerly entitled the Standing Committee on Privileges, Standing Rules and Orders) has the honour to present its
EIGHTH REPORT
Your Committee has considered the issue of senators indicted and subject to judicial proceedings and recommends that:
(a) the Senate amend the Rules of the Senate by replacing rules 137 and 138 with rules 137 to 142, attached as Appendix A;
(b) the Senate, pursuant to section 59 of the Parliament of Canada Act, make the Regulations Amending the Senate Sessional Allowance (Suspension) Regulations, attached as Appendix B;
(c) the Senate, pursuant to section 59 of the Parliament of Canada Act, make the Regulations Amending the Senate Sessional Allowance (Deductions for Non-attendance) Regulations, attached as Appendix C; and
(d) the Clerk be instructed to transmit copies in both official languages of the Regulations amending the Senate Sessional Allowance (Suspension) Regulations and the Regulations amending the Senate Sessional Allowance (Deductions for Non-attendance) Regulations to the Clerk of the Privy Council for registration and publication under the Statutory Instruments Act.
Respectfully submitted,
JACK AUSTIN
Chair
APPENDIX A
01-12-01
Proposed New Rules of the Senate
Appendix A to the ``Numbered'' Report of the Standing Committee on Rules, Procedures and the Rights of Parliament
Duty to attend
137. (1) Every Senator shall comply with the command of the Sovereign to attend to the Senate when it is in session for the purposes of advising and assisting in the affairs of Canada, laying aside all difficulties and excuses to do so.
Power to dispense
(2) Notwithstanding subsection (1), the Senate may order a leave of absence for or the suspension of a Senator where, in its judgment, there is sufficient cause.
Rescission
(3) Notwithstanding rule 63(2), the Senate may rescind in the same session, by a majority of voices, a leave of absence or suspension ordered by the Senate, under these rules or otherwise.
Absence obligatory
(4) A Senator on leave of absence shall not attend the sittings of the Senate or its committees until the period for which leave was granted has expired or the leave has sooner ended.
No disqualification
(5) A Senator on leave of absence, or suspended under rule 142, for more than a full session may nonetheless make an appearance in the Senate once every session to avoid disqualification, but only on the sixth day the Senate sits after the Clerk lays upon the Table a notice of the Senator's intention to be present, signed by the Senator.
(6) A leave of absence is granted under this rule solely to protect the dignity and reputation of the Senate and the public trust and confidence in Parliament, and no other motive may be inferred from its application.
Authorized absences
138. (1) A Senator may be absent from sittings of the Senate by reason of public or official business or of being ill, and also for twenty-one personal leave days per session, subject to any terms and conditions set out in law or provided by the Senate.
Deductions for non-attendance
(2) The deduction to be made from the sessional allowance of a Senator under subsection 57(1) of the Parliament of Canada Act is increased to $250 per day for every sitting day beyond twenty-one on which the Senator does not attend a sitting of the Senate.
Deduction for suspension
139. (1) If the Senate suspends a member, there shall be deducted from the member's sessional allowance for the period of suspension the amount otherwise payable after deductions required by any Act of Parliament.
Deductions restored
(2) If the conviction of a member who was suspended because of a conviction of a criminal offence in proceedings by indictment is overturned on appeal, there shall be paid to the member the total of all amounts deducted under subsection (1) as a result of the suspension.
No mitigation or interest
(3) The amount payable under subsection (2) is payable without interest and without regard to any duty of the member to mitigate.
Senate resources suspended
140. (1) If the Senate suspends a member, that Senator's right to the use of Senate resources otherwise made available for the carrying out of the Senator's parliamentary functions, including funds, goods, services and premises, is also suspended for the period of the suspension.
Application
(2) For greater certainty, subsection (1) applies to moving, transportation, travel and telecommunications expenses.
Exceptions
(3) On the application of the suspended member, the Standing Committee on Internal Economy, Budgets and Administration may make exceptions to subsection (1).
Notice of charge
141. (1) A Senator charged with a criminal offence for which the Senator may be prosecuted by indictment shall notify the Senate at the first possible opportunity, in a writing signed by the Senator, delivered to the Clerk of the Senate and laid by the Clerk upon the Table.
Leave of absence for accused Senator
(2) A Senator who gives notice under subsection (1) is granted leave of absence from attendance to the Senate as of the time that the notice is laid upon the Table.
Term
(3) A leave of absence under this rule continues until the earliest of the time that the charge is withdrawn, proceedings are stayed, the charge is proceeded with in summary conviction proceedings or the Senator is acquitted, convicted or discharged, but the leave of absence recommences if proceedings that were stayed are recommenced.
Public business
(4) A Senator on leave of absence under this rule is considered to be on public business.
Preventive measure
(5) A leave of absence is granted under this rule solely to protect the dignity and reputation of the Senate and the public trust and confidence in Parliament, and no other motive may be inferred from its application.
Presumption of innocence
(6) For greater certainty, the Senate affirms the right of a Senator charged with a criminal offence to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal, and no intent to comment on or pass judgment with respect to a Senator shall be imputed to the Senate because of the operation of this rule.
Suspension of convicted Senator
142. (1) A Senator who is convicted of a criminal offence in proceedings by indictment is suspended from the time of the conviction.
Duration of suspension
(2) A suspension under subsection (1) continues until the earlier of the time that the conviction is overturned on appeal and the time that the Senate determines whether or not the place of the Senator shall become vacant by reason of the conviction.
Time of conviction
(3) For the purposes of subsections (1) and (2), a conviction occurs as of the time that a finding of guilt has been made and a sentence other than a discharge has been passed.
Report
(4) Upon being advised that a Senator has been convicted while in office of a criminal offence in proceedings by indictment, the Clerk of the Senate shall obtain and lay upon the Table a certificate or such other proof of the conviction as the court makes available.
APPENDIX B
JUS-603387
(SOR/DORS)
REGULATIONS AMENDING THE SENATE SESSIONAL ALLOWANCE (SUSPENSION) REGULATIONS
Amendment
1. Section 1 of the Senate Sessional Allowance (Suspension) Regulations1 is replaced by the following:
1. (1) If the Senate suspends a member, there shall be deducted from the member's sessional allowance for the period of suspension the amount otherwise payable after deductions required by any Act of Parliament.
(2) If the conviction of a member who was suspended because of a conviction of a criminal offence in proceedings by indictment is overturned on appeal, there shall be paid to the member the total of all amounts deducted under subsection (1) as a result of the suspension.
(3) The amount payable under subsection (2) is payable without interest and without regard to any duty of the member to mitigate.
Coming into force
2. These Regulations come into force on the day on which they are registered.
______________________
1SOR/98-126
APPENDIX C
JUS-603386
(SOR/DORS)
REGULATIONS AMENDING THE SENATE SESSIONAL ALLOWANCE (DEDUCTIONS FOR NON- ATTENDANCE) REGULATIONS
Amendment
1. Section 1 of the Senate Sessional Allowance (Deductions for Non-attendance) Regulations1 is replaced by the following:
1. The deduction to be made form the sessional allowance of a senator under subsection 57(1) of the Parliament of Canada Act is increased to $250 per day for every sitting day beyond twenty-one on which the senator does not attend a sitting of the Senate.
Coming into force
2. These Regulations come into force on the day on which they are registered.
______________________
1SOR/98-337