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Proceedings of the Standing Senate Committee on
Rules, Procedures and the Rights of Parliament

Issue 1 - Minutes of Proceedings


OTTAWA, Thursday, October 21, 2004
(1)

[English]

The Standing Senate Committee on Rules, Procedures and the Rights of Parliament met at 12:07 p.m., this day, in room 172-E, Centre Block, for the purpose of organization.

Members of the committee present: The Honourable Senators Andreychuk, Chaput, Cook, Cools, Furey, Joyal, P.C., LeBreton, Lynch-Staunton, Pearson, Robichaud, P.C., Smith, P.C. and Stratton (12).

Also present: The official reporters of the Senate.

In attendance: From the Parliamentary Research Branch, Library of Parliament, Margaret Young.

Pursuant to rule 88, the Clerk of the Committee presided over the election of the Chair.

The Honourable Senator Lynch-Staunton moved:

That the Honourable Senator Smith, P.C., be Chair of this committee.

The question being put on the motion, it was adopted.

The clerk invited the Chair elect to take the Chair.

The Honourable Senator Smith, P.C., assumed the Chair.

The Chair presided over the election of the Deputy Chair.

The Honourable Senator Robichaud, P.C., moved:

That the Honourable Senator Lynch-Staunton be Deputy Chair of this Committee.

The question being put on the motion, it was adopted.

The Honourable Senator Chaput moved:

That the Subcommittee on Agenda and Procedure be composed of the Chair, the Deputy Chair and one other member of the committee, to be designated after the usual consultation; and

That the subcommittee be empowered to make decisions on behalf of the committee with respect to its agenda, to invite witnesses and schedule hearings.

The question being put on the motion, it was adopted.

The Honourable Senator LeBreton moved:

That the committee print its proceedings; and

That the Chair be authorized to set the number to meet demand.

The question being put on the motion, it was adopted.

The Honourable Senator Furey moved:

That, pursuant to rule 89, the Chair be authorized to hold meetings, to receive and authorize the printing of the evidence when a quorum is not present, provided that a member of the committee from both the government and the opposition be present.

The question being put on the motion, it was adopted.

The Honourable Senator Lynch-Staunton moved:

That the Committee ask the Library of Parliament to assign research analysts to the committee;

That the Chair be authorized to seek authority from the Senate to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of the committee's examination and consideration of such bills, subject matters of bills, and estimates as are referred to it;

That the Subcommittee on Agenda and Procedure be authorized to retain the services of such experts as may be required by the work of the committee; and

That the Chair, on behalf of the committee, direct the research staff in the preparation of studies, analyses, summaries and draft reports.

The question being put on the motion, it was adopted.

The Honourable Senator Andreychuk moved:

That, pursuant to section 32 of the Financial Administration Act, and Section 7, Chapter 3:06 of the Senate Administrative Rules, authority to commit funds be conferred individually on the Chair, the Deputy Chair; and the Clerk of the Committee; and

That, pursuant to section 34 of the Financial Administration Act, and Section 8, Chapter 3:06 of the Senate Administrative Rules, authority for certifying accounts payable by the committee be conferred individually on the Chair, the Deputy Chair, and the Clerk of the Committee.

The question being put on the motion, it was adopted.

The Honourable Senator Robichaud, P.C. requested an interpretation be provided on exactly how this wording is applied, with respect to the commitment of funds and certification of accounts payable.

The Honourable Senator Chaput moved:

That the committee empower the Subcommittee on Agenda and Procedure to designate, as required, one or more members of the committee and/or such staff as may be necessary to travel on assignment on behalf of the Committee.

The question being put on motion, it was adopted.

The Honourable Senator Lynch-Staunton moved:

That the Subcommittee on Agenda and Procedure be authorized to:

(1) determine whether any member of the committee is on ``official business'' for the purposes of paragraph 8(3)(a) of the Senators Attendance Policy, published in the Journals of the Senate on Wednesday, June 3, 1998; and

(2) consider any member of the committee to be on ``official business'' if that member is: (a) attending a function, event or meeting related to the work of the committee; or (b) making a presentation related to the work of the committee.

The question being put on the motion, it was adopted.

The Honourable Senator Robichaud, P.C. moved:

That, pursuant to the Senate guidelines for witness expenses, the committee may reimburse reasonable travelling and living expenses for one witness from any one organization and payment will take place upon application, but that the Chair be authorized to approve expenses for a second witness should there be exceptional circumstances.

The question being put on the motion, it was adopted.

The Honourable Senator Furey moved:

That the Chair be authorized to seek permission from the Senate to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings; and

That the Subcommittee on Agenda and Procedure be empowered to allow such coverage at its discretion.

The question being put on the motion, it was adopted.

The Honourable Senator LeBreton moved:

That the Chair be authorized to request transcripts for in camera meetings be produced, when deemed necessary, for the use of the Chair of the Committee and its researchers in accurately reflecting the discussions of the committee in minutes and draft reports.

After debate, the question being put on the motion, it was adopted, on division.

The Honourable Senator Lynch-Staunton moved:

That these transcripts be destroyed at the end of a session, unless the order of reference to which they pertain has not been fully discharged. In which case, the Clerk of the Committee shall preserve them in confidence until such time as the subsequent incarnation of this committee can decide upon their relevance.

The question being put on the motion, it was adopted on the following division:

YEAS: Chaput, Cook, Furey, Joyal, P.C., LeBreton, Lynch-Staunton, Pearson, Robichaud, P.C., Smith, P.C.

NAYS: Andreychuk, Cools.

Meeting times of the committee were discussed and agreed.

The Committee considered the following draft budget application for its legislative work for the financial year ending March 31, 2005:

Professional and Other Services $ 9,000
Transport and Communications  $    500
All Other Expenditures  $        0
Total:  $ 9,500

 The question being put on the motion, it was adopted.

After debate, the Honourable Senator Chaput moved:

That the committee adopt the draft budget application for submission to the Standing Committee on Internal Economy, Budgets, and Administration.

The question being put on the motion, it was adopted.

At 1:04 p.m., the committee adjourned to the call of the Chair.

ATTEST:


OTTAWA, Tuesday, October 26, 2004
(2)

[English]

The Standing Senate Committee on Rules, Procedures and the Rights of Parliament met at 9:36 a.m, this day, in room 356-S, Centre Block, the Chair, the Honourable David P. Smith, P.C., presiding.

Members of the committee present: The Honourable Senators Andreychuk, Chaput, Cools, Fraser, Joyal, P.C., Kenny, LeBreton, Lynch-Staunton, Maheu, Milne, Robichaud, P.C., Smith, P.C. (12).

Also present: The official reporters of the Senate.

Also in attendance: From the Parliamentary Research Branch, Library of Parliament, Margaret Young.

Pursuant to its mandate under rule 86 (1)(f), the committee considered the revised and updated Rules of the Senate dated October 2004, as authorized by the Senate.

WITNESS:

Senate of Canada:

Dr. Gary O'Brien, Deputy Clerk and Principal Clerk, Legislative Services.

Dr. Gary O'Brien made a brief presentation and answered questions.

The Honourable Senator Fraser moved:

That the Chair table in the Senate the revised and updated Rules of the Senate.

The question being put on the motion, it was adopted, on division.

The Honourable Senator Milne moved:

That, pursuant to rule 104, the Chair be authorized to report expenses incurred by the committee during the last session.

The question being put on the motion, it was adopted.

It was agreed that the committee proceed in camera at 10:14 a.m. for the consideration of a draft agenda.

It was agreed to distribute a draft conflict of interest code to members of the committee.

At 10:30 a.m., the committee adjourned to the call of the Chair.

ATTEST:

Blair Armitage

Clerk of the Committee


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