Proceedings of the Standing Senate Committee on
National Finance
Issue 2 - Minutes of Proceedings
OTTAWA, Tuesday, February 24, 2004
(3)
[English]
The Standing Senate Committee on National Finance met at 9:30 a.m., this day, in room 705, Victoria Building, the Chair, the Honourable Lowell Murray, P.C. presiding.
Members of the Committee present: The Honourable Senators Biron, Comeau, Day, Doody, Downe, Ferretti Barth, Finnerty, Gauthier, Murray P.C., Oliver and Ringuette (11).
In attendance: Mr. Guy Beaumier and Mr. Stephen Laurent, Research Officers, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on February 20, 2004, the committee commenced its examination of Supplementary Estimates (B) 2003-2004.
WITNESSES:
From the Treasury Board of Canada:
Mike Joyce, Assistant Secretary, Expenditure Management and Strategies Sector;
Laura Danagher, Executive Director, Expenditure Operations & Estimates Directorate.
Mr. Joyce made a statement and, together with Ms. Danagher, answered questions.
At 10:30 a.m., the Committee continued in camera.
Pursuant to the Order of Reference adopted by the Senate on February 11, 2004, the Committee resumed its examination of Bill C-212, An Act respecting user fees. (For complete text of the order of reference, see Proceedings of the Committee, Issue No. 1); and
Pursuant to rule 92(3),
It was agreed that the following people remain in the room:
Roy Cullen, M.P., sponsor of the bill and Mylène Bouzigon and Yvon Besner from the Treasury Board of Canada.
It was agreed, that the committee proceed with clause by clause consideration of Bill C-212 at the next meeting of the committee.
At 11:20 a.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, February 25, 2004
(4)
[English]
The Standing Senate Committee on National Finance met at 6:15 p.m., this day, in room 356-S, Centre Block, the Chair, the Honourable Lowell Murray, P.C. presiding.
Members of the committee present: The Honourable Senators Comeau, Day, Downe, Ferretti Barth, Finnerty, Murray P.C., Oliver and Ringuette (8).
In attendance: Mr. Michel Patrice, Parliamentary Counsel (Acting).
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on February 11, 2004, the committee resumed its examination of Bill C-212, An Act respecting user fees. (For complete text of the order of reference, see Proceedings of the Committee, Issue No. 1).
WITNESSES:
Sponsor of the bill:
Roy Cullen, M.P., Etobicoke North.
From the Treasury Board of Canada:
Mylène Bouzigon, Senior General Counsel, Legal Services Branch;
Yvon Besner, Senior Counsel, Legal Services Branch.
From the Senate of Canada:
Michel Patrice, Parliamentary Counsel, Office of the Law Clerk.
It was agreed, that the committee complete clause-by-clause consideration of Bill C-212.
It was agreed, that the title stand.
It was agreed, that clause 1 stand.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended in clause 2, on page 1, by replacing lines 8 and 9 with the following:
""Committee'' means, in respect of each House of Parliament, the appropriate standing committee of the House.''
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended in clause 2, on page 1, by replacing line 17 with the following:
""Minister'' means the appropriate minister, as defined in section 2 of the Financial Administration Act, who is responsible for''; and
By replacing lines 21 to 23 on page 1 with the following:
"body mentioned in Schedule I, I.1 or II to the Financial Administration Act that has the power to fix a user fee under the authority of an Act of Parliament. Where the Act gives that power to the Governor in Council or a Minister, it means the body proposing the user fee.''
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended in clause 2, on page 1, by replacing lines 25 to 28 with the following:
"product, regulatory process, authorization, permit or licence, facility, or for a service that is provided only by a regulating authority, that is fixed pursuant to the authority of an Act of Parliament and which results.''
The question being put on the motion, it was adopted.
It was agreed that clause 2, as amended, carry.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended in clause 3, on page 2, by replacing line 1 to 9 with the following:
"3.(1) This Act applies to all user fees fixed by a regulating authority.
(2) This Act does not apply to a user fee fixed by one regulating authority and charged to another.''
The question being put on the motion, it was adopted.
It was agreed that clause 3, as amended, carry.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended in clause 4 as follows:
(a)(i) By replacing lines 29 to 31 on page 2 with the following:
"(e) establish an independent advisory panel to address a complaint submitted by a client regarding;'' and
(ii) By replacing lines 34 and 35 on page 2 with the following:
"to those established by other countries with which a comparison is relevant and against which the;'' and
(b)(i) By replacing line 4 on page 3 with the following:
"(a) explaining in respect of what service, product, regulatory process;''
(ii) By replacing lines 9 to 12 on page 3 with the following:
"(c) including the performance standards established in accordance with paragraph (1)(f), as well as the actual performance levels that have been reached;''
(iii) By replacing line 17 on page 3 with the following:
"the costs that the user fee will cover; and
(e) describing the establishment of an independent advisory panel in accordance with paragraph (1)(e) and describing how any complaints received under section 4.1 were dealt with.''; and
(iv) By replacing lines 20 and 21 on page 3 with the following:
"higher than that existing in a country with which comparison referred to in paragraph (1)(f) is relevant, the''
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended in clause 4, on page 3, by replacing lines 2 and 3 with the following:
"Minister must cause to be tabled in each House of Parliament a proposal.''
The question being put on the motion, it was adopted.
It was agreed that clause 4, as amended, carry.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended on page 3 by adding, after line 25, the following:
"4.1 (1) A regulating authority that receives a complaint about a proposed user fee within the period set out in a notice issued by that authority musttry to resolve the complaint; and give the complainant notice in writing of proposed measures for its resolution.
(2) If the complaint is not resolved to the complainant's satisfaction within 30 days after the expiry of the period set out in the notice, the complainant may request in writing that the regulating authority refer the complaint to an independent advisory council.
(3) Within 40 days after the expiry of the period set out in the notice, the regulating authority and the complainant must each select one member to sit on the panel and those members must select a third member.
(4) The regulating authority may decide, for reasons of economy and efficiency, that two or more complaints about a particular proposal be dealt with by the same panel. In that case, the panel member to be selected by the complainants is selected by a majority vote.
(5) The panel must, within 30 days after all members have been selected, send a report in writing of its findings and recommendations for resolving the dispute to the regulating authority and the complainant.
(6) Subject to subsection (7), the panel has the power to award costs of the proceedings, including the cost of the fees and expenses of panel members.
(7) If, in the opinion of the panel, a complaint is frivolous or vexatious, the complainant bears all the costs.
(8) Costs payable by the complainant become a debt due to Her Majesty and may be recovered as such in any court of competent jurisdiction.''
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended in clause 5, on page 3:
(a) By replacing lines 27 to 29 with the following:
"for a user fee referred to it''; and (b) By replacing line 31 with the following: "Senate or House of Commons, as the case may be, a report containing its''.
The question being put on the motion, it was adopted.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended by replacing lines 34 to 38 on page 3 with the following:
"5.1 Where a regulating authority's performance in a particular fiscal year in respect of a user fee does not meet the standards established by it for that fiscal year by a percentage greater than ten per cent, the user fee shall be reduced by a percentage equivalent to the unachieved performance, to a maximum of fifty per cent of the user fee. The reduced user fee applies from the day on which the annual report for the fiscal year is tabled under subsection 8(1) until the day on which the next annual report is tabled'';
By deleting lines 1 and 2 on page 4.
The question being put on the motion, it was adopted.
It was agreed that clause 5, as amended, carry.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended in clause 6, on page 4:
(a) By replacing line 3 with the following:
"6. (1) The Senate or the House of Commons may pass a;'' and
(b) By replacing lines 7 to 12 with the following:
"(2) If, within twenty sitting days after the tabling of a proposal under subsection 4(2), the Committee fails to submit a report containing its recommendation to the Senate or the House of Commons, as the case may be, the Committee is deemed to have submitted a report recommending that the proposed user fee be approved.''
The question being put on the motion, it was adopted.
It agreed that clause 6, as amended, carry.
The question being put on clause 7 standing part of the Bill, it was negatived.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended in clause 8, on page 4, by replacing lines 21 and 22 with the following:
"before each House of Parliament, on or before December 31.''
The question being put on the motion, it was adopted.
It agreed that clause 8, as amended, carry.
It was moved by the Honourable Senator Ringuette, that Bill C-212 be amended by adding, after line 15, on page 5 the following:
"8.1 A review of the provisions and operation of this Act shall be completed by the President of the Treasury Board during the third year after this Act is assented to. The Minister shall cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed.''
The question being put on the motion, it was adopted.
The question being put on clause 9 standing part of the Bill, it was negatived.
The question being put on clause 10 standing part of the Bill, it was negatived.
It was agreed that the Law Clerk be authorized to renumber clauses to reflect clauses that have been struck from the Bill with any cross-references to be renumbered accordingly.
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the title carry.
It was agreed that Bill C-212, as amended, carry.
It was agreed that the Chair report Bill C-212, as amended, to the Senate.
The committee considered the following draft budget application for the fiscal year ending March 31, 2004 and pertaining to Chapter 1, Information Technology; Government On-Line, Chapter 2, Accountability and Ethics in Government; Chapter 3, The Sponsorship Program; and Chapter 4, Advertising Activities, of the November 2003 Report of the Auditor General of Canada to the House of Commons, tabled in the Senate on February 10, 2004; Sessional paper No. 3/37-18.:
|
Professional & Other Services: |
$ 500 |
|
Total |
$ 500 |
It was proposed by the Honourable Senator Finnerty that the draft budget in the amount of $500 be adopted and that the Chair present the same to the Committee of Internal Economy, Budget and Administration.
The question being put on the motion, it was adopted.
The committee considered the following draft budget application for the fiscal year 2003-2004 pertaining to legislation:
|
Professional & Other Services: |
$ 2,500 |
|
Total |
$ 2,500 |
It was proposed by the Honourable Ferretti Barth that the draft budget in the amount of $2,500 be adopted and that the Chair present the same to the Committee of Internal Economy, Budget and Administration.
The question being put on the motion, it was adopted.
At 7:00 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Line Gravel
Clerk of the Committee