Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 13 - Minutes of Proceedings
OTTAWA, Tuesday, June 17, 2003
(30)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 3:45 p.m., in room 160-S, Centre Block, the Chair, the Honourable George J. Furey, presiding.
Members of the committee present: The Honourable Senators Andreychuck, Beaudoin, Bryden, Buchanan, P.C., Cools, Furey, Hubley, Joyal, P.C., Nolin, Pearson, Robichaud, P.C., Setlakwe and Smith, P.C. (13).
Other senators present: The Honourable Senators Baker, P.C., Grafstein, Prud'homme, P.C. and Stratton (4).
In attendance: From the Library of Parliament, Nancy Holmes.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, June 11, 2003, the committee started its study of Bill C-39, to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act. (For complete text of Order of Reference see proceedings of the committee, Issue No. 13.)
APPEARING:
The Honourable Don Boudria, P.C., M.P., Minister responsible for Elections Canada.
WITNESSES:
Official from the Treasury Board of Canada, Secretariat:
Aaron Allen, Manager, Other Statutory Plans, Pensions and Benefits Sector, Human Resources Management Office.
Official from the Privy Council Office:
Matthew Lynch, Privy Council Officer, Legislation and House Planning/Counsel.
The Honourable Don Boudria, P.C., M.P., made a statement and answered questions.
Together, witnesses answered questions.
The Honourable Don Boudria, P.C., M.P. submitted a brief to the committee.
Pursuant to the Order of Reference adopted by the Senate on Monday, June 16, 2003, the committee started its study of Bill C-24, to amend the Canada Elections Act and the Income Tax Act (political financing. (For complete text of Order of Reference see proceedings of the committee, Issue No. 13.)
At 4:25 p.m., the committee proceeded to discuss Bill C-24.
APPEARING:
The Honourable Don Boudria, P.C., M.P., Minister responsible for Elections Canada.
WITNESSES:
Officials from the Privy Council Office:
Kathy O'Hara, Deputy Secretary to the cabinet (Machinery of Government);
Michèle René de Cotret, Senior Privy Council Officer/Counsel;
Stéphane Perrault, Senior Privy Council Officer/Counsel.
From the House of Commons:
Alexa McDonough, M.P.
Official from Elections Canada:
Jean-Pierre Kingsley, Chief Electoral Officer;
Diane R. Davidson, Deputy Chief Electoral Officer and Chief Legal Counsel;
Janice Vézina, Senior Director of Election Financing;
James Sprague, Senior Practitioner and General Counsel.
The Honourable Don Boudria, P.C., M.P. and Mr. Kingsley each made a statement and together, witnesses answered questions.
The Honourable Don Boudria, P.C., M.P. submitted a brief to the committee.
At 5:50 p.m., the committee suspended.
At 6:07 p.m., the committee resumed.
At 7:55 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, June 18, 2003
(31)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 4:01 p.m., in room 505, Victoria Building, the Chair, the Honourable Senator George J. Furey, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Beaudoin, Bryden, Buchanan, P.C., Finnerty, Furey, Hubley, Joyal, P.C., Lynch-Staunton, Pearson, Robichaud, P.C., Rivest and Smith, P.C. (14).
Other senators present: The Honourable Senators Kinsella and Stratton. (2)
In attendance: From the Library of Parliament, Nancy Holmes.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Monday, June 16, 2003, the committee continued its study of Bill C-24, to amend the Canada Elections Act and the Income Tax Act (political financing). (For complete text of Order of Reference see proceedings of the committee, Issue No. 13.)
WITNESSES:
From Democracy Watch:
Aaron Freeman, Board Member and Chair of the Money in Politics Coalition.
From the Canadian Council of Chief Executives:
David Stewart-Patterson, Executive Vice-President.
Officials from the Privy Council Office:
Stéphane Perrault, Senior Privy Council Officer/Counsel;
Michèle René de Cotret, Senior Privy Council Officer/Counsel.
From the Senate of Canada:
Mark Audcent, Law Clerk and Parliamentary Counsel;
Michel Patrice, Parliamentary Counsel.
Mr. Freeman and Mr. Stewart-Patterson each made a statement and together, witnesses answered questions.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, June 11, 2003, the committee started its study of Bill C-39, An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act. (For complete text of Order of Reference see proceedings of the committee, Issue No. 13.)
At 6:32 p.m., the committee proceeded to discuss Bill C-39.
It was agreed — That the committee move to clause-by-clause consideration of Bill C-39.
It was agreed — That the title stand postponed.
It was agreed — That clause 1 carry.
It was agreed — That clause 2 carry.
It was agreed — That clause 3 carry.
It was agreed — That clause 4 carry.
It was agreed — That clause 5 carry.
It was agreed — That clause 6 carry.
It was agreed — That clause 7 carry.
It was agreed — That clause 8 carry.
It was agreed — That clause 9 carry.
It was agreed — That clause 10 carry.
It was agreed — That clause 11 carry.
It was agreed — That clause 12 carry.
It was agreed — That clause 13 carry.
It was agreed — That the title carry.
It was agreed — That the Bill carry.
It was agreed — That the Chair report the Bill, as adopted, to the Senate.
At 6:37 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Thursday, June 19, 2003
(32)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day, at 10:12 a.m., in room 160-S, Centre Block, the Chair, the Honourable Senator George J. Furey, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Beaudoin, Bryden, Cools, Furey, Joyal, P.C, Kinsella, Pearson, Robichaud, P.C., Rivest and Smith, P.C. (12).
In attendance: From the Library of Parliament, Nancy Holmes.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Monday, June 16, 2003, the committee continued its study of Bill C-24, An Act to amend the Canada Elections Act and the Income Tax Act (political financing). (For complete text of Order of Reference see proceedings of the committee, Issue No. 13.)
WITNESSES:
From the Senate of Canada:
Mark Audcent, Law Clerk and Parliamentary Counsel;
Michel Patrice, Parliamentary Counsel.
Official from the Privy Council Office:
Michèle René de Cotret, Senior Privy Council Officer/Counsel.
Official from Elections Canada:
James Sprague, Senior Practitioner and General Counsel.
Mr. Audcent and Mr. Patrice answered questions.
It was agreed — That the committee move to clause-by-clause consideration of Bill C-24.
It was agreed — That the title stand postponed.
It was agreed — That clauses 1 to 5 carry.
It was agreed — That clauses 6 to 10 carry.
It was agreed — That clauses 11 to 15 carry.
It was agreed — That clauses 16 to 20 carry.
It was agreed — That clauses 21 to 24 carry.
It was moved by the Honourable Senator Beaudoin — That Bill C-24 be amended in clause 25, in the French version:
(a) on page 31, by replacing line 35 with the following:
``405.3(2)b)(i);'';
(b) on page 33,
(i) by replacing line 25 with the following:
``(2.1) Par dérogation au sous-alinéa (2)b)(i), si deux'', and
(ii) by replacing line 41 with the following:
``titre du paragraphe (2.1) à l'association enre-''; and
(c) on page 34,
(i) by replacing line 1with the following:
``(2.3) Par dérogation au sous-alinéa (2)b)(i), si une'', and
(ii) by replacing line 15 with the following:
``titre du paragraphe (2.3) au candidat soutenu''.
After debate, the question being put on the motion in amendment, it was defeated.
It was agreed — That the clause 25 be stood and considered at the end of the meeting.
It was agreed — That clauses 26 to 30 carry.
It was agreed — That clauses 31 to 35 carry.
It was agreed — That clauses 36 to 40 carry, on division.
The Honourable Senator Joyal, P.C. noted that he wished to be recorded as objecting to clause 40.
It was agreed — That clauses 41 to 45 carry.
It was agreed — That clauses 46 to 50 carry, on division.
It was agreed — That clauses 51 to 55 carry.
It was agreed — That clauses 56 to 60 carry, on division.
It was agreed — That clauses 61 to 62 carry.
It was agreed — That clause 63 carry, on the following division:
YEAS: The Honourable Senators Bryden, Furey, Joyal, Pearson, Robichaud, P.C. and Smith (6).
NAYS: The Honourable Senators Andreychuk, Baker, P.C., Beaudoin, Kinsella, Rivest (5).
ABSTENTIONS: The Honourable Senator Cools (1).
It was agreed — That clauses 63.1 to 65 carry.
It was agreed — That clauses 66 to 70 carry.
It was agreed — That clauses 71 to 75 carry.
It was agreed — That clause 25 carry.
It was agreed — That the title carry.
It was agreed — That the Chair reports the Bill, as adopted, at the next sitting of the Senate.
At 12:20 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Marcy Zlotnick
Clerk of the Committee