Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 24, Minutes of Proceedings - December 12, 2014
OTTAWA, Friday, December 12, 2014
(57)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met at 10:03 a.m. this day, in room 160-S, Centre Block, the chair, the Honourable Bob Runciman, presiding.
Members of the committee present: The Honourable Senators Baker, P.C., Batters, Boisvenu, Cowan, P.C., Dagenais, Frum, Jaffer, McInnis, McIntyre, Runciman and Tannas (11).
Other senator present: The Honourable Senator Bellemare (1).
In attendance: Robin Mackay and Julian Walker, analysts, Parliamentary Information and Research Service, Library of Parliament; Michel Bédard, Parliamentary Counsel, Office of the Law Clerk and Parliamentary Counsel, Senate of Canada.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, October 28, 2014, the committee continued its study of Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent).
WITNESSES:
Public Service Labour Relations and Employment Board:
Sylvie Guilbert, Executive Director and General Counsel;
Virginia Adamson, Senior Legal Counsel;
Catherine Ebbs, Chairperson.
Canada Industrial Relations Board:
Elizabeth MacPherson, Chairperson (by video conference);
Ginette Brazeau, Executive Director and General Counsel.
Employment and Social Development Canada, Labour Program:
Charles Philippe Rochon, Deputy Director.
The committee resumed debate on the motion in amendment of the Honourable Senator Bellemare on clause 7:
That Bill C-525 be amended on page 5, by adding after the heading ''PUBLIC SERVICE LABOUR RELATIONS ACT'' and before line 13 the following:
''8.1. Paragraph 39(d) of the Public Service Labour Relations Act is replaced by the following:
(d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1.1)(c);''.
The witnesses were invited to the table, made statements, and answered questions.
After debate, the question being put on the motion in amendment, it was negatived, by a show of hands.
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.
The chair asked whether clause 12 should carry.
The Honourable Senator Cowan moved:
That Bill C-525 be amended on page 6, by adding after line 36 the following:
''12.1. Subsection 100(1) of the Act is replaced by the following:
100. (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 64(1.1)(c) for a council of employee organizations.''.
After debate, the question being put on the motion in amendment, it was negatived, by a show of hands.
It was agreed that clause 12 carry, on division.
It was agreed that clause 1, which contains the short title, carry.
It was agreed that the title carry.
It was agreed that the bill carry, on division.
After debate, it was agreed that the committee adopt draft observations.
It was agreed that the Subcommittee on Agenda and Procedure be authorized to approve the final version of the observations.
It was agreed that the chair report the bill to the Senate with observations.
At 10:55 a.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee