Proceedings of the Standing Senate Committee on
Banking, Trade and Commerce

Issue 27 - Evidence - April 2, 2015

OTTAWA, Thursday, April 2, 2015

The Standing Senate Committee on Banking, Trade and Commerce, to which was referred Bill S-202, An Act to amend the Payment Card Networks Act (credit card acceptance fees), met this day at 10:31 a.m. to give clause-by-clause consideration to the bill.

Senator Irving Gerstein (Chair) in the chair.

[English]

The Chair: Welcome to the Standing Senate Committee on Banking, Trade and Commerce. It is a pleasure to welcome Adam Thompson, who is going to be our clerk today because, regretfully, Keli Hogan is under the weather. We always welcome you here. You were here at one time permanently, but this is not a permanent thing; you are definitely just filling in. We are expecting Keli to return to good health shortly.

Today's meeting has been held for clause-by-clause consideration of Bill S-202, An Act to amend the Payment Card Networks Act (credit card acceptance fees).

I think we should talk about the approach we normally take here. Usually clause-by-clause consideration is pretty straightforward. However, if there is any mood not to proceed with clause-by-clause consideration because you feel that the bill in its entirety should not be proceeded with for whatever reason, we should have a discussion about that before we proceed.

Senator Black: Mr. Chairman, you will recall that when we gathered about six weeks ago, I indicated my point of view with respect this to this particular bill and what I thought the disposition of it should be. In that regard, my position has not changed. I would like to take this opportunity, Mr. Chairman, to make the following motion. I propose that the committee not proceed to clause-by-clause consideration of Bill S-202, An Act to amend the Payment Card Networks Act (credit card acceptance fees); that, pursuant to rule 12-23(5), the committee recommend that the Senate not proceed further with the bill; that the committee adopt the draft report which is being circulated now; that the committee clerk be authorized to make minor editorial revisions for the purpose of correcting typographical or grammatical errors; and that this report be presented in the Senate at the earliest possible opportunity.

The Chair: Thank you, Senator Black.

To clarify for senators who have not encountered this rule before, rule 12-23(5) states:

When a committee report recommends that the Senate not proceed further with a bill, the report must state the reasons for this. If the report is adopted, the Senate shall not proceed further with the bill.

At this time, we should debate the reasons in the draft report that is being circulated in both official languages. I would entertain a motion to go in camera.

Senator Greene: I so move.

The Chair: Seconded?

Senator Ringuette: Can we have the opportunity to read this before we move into other kinds of situations?

The Chair: I would be delighted to hold off moving in camera while you have the opportunity to read it. When you have concluded, let me know and we will deal with that.

Senator Tkachuk: Are we going in camera on the motion?

The Chair: To discuss the report.

Senator Tkachuk: Well, she can read it in camera.

Senator Campbell: Why should she have to do that? I want to express my concerns, chair. We get a draft report thrown to us without having an opportunity to read it and then suddenly slide in camera. There's something desperately wrong here. This could have been given to us yesterday or a week ago. Instead, we get it today. It's one of the difficulties we always have in the Senate. We never get any reports ahead of time, or very rarely.

The Chair: Thank you.

It appears Senator Ringuette has read it. The motion before us is to go in camera.

Senator Massicotte: Two seconds, please.

The Chair: Two seconds more? Absolutely.

Motion to go in camera. All those in favour? Opposed?

May I have a further motion that it is agreed that senators' staff be allowed to stay in the room and that BlackBerrys and cellular phones not be used?

An Hon. Senator: So moved.

The Chair: Seconded and carried.

(The committee continued in camera.)

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(The committee resumed in public.)

The Chair: Before we vote, I would like to repeat the motion before us. Senator Black has moved that the committee not proceed to clause-by-clause consideration of Bill S-202, An Act to amend the Payment Card Networks Act (credit card acceptance fees); that pursuant to rule 12-23(5) the committee recommend that the Senate not proceed further with this bill; that the committee adopt the draft report that is being circulated; that the committee clerk be authorized to make minor editorial revisions for the purpose of correcting any typographical or grammatical errors; and that this report be presented in the Senate at the earliest possible opportunity.

Can I have a vote, please? Those in favour? Opposed? One, two. Abstentions? Two.

Carried.

I believe that covers the discussions we were to have at this meeting.

(The committee adjourned.)