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

Issue No. 5 - Minutes of Proceedings - May 11, 2016

OTTAWA, Wednesday, May 11, 2016
(18)

[English]

The Standing Senate Committee on Banking, Trade and Commerce met this day at 4:16 p.m., in room 9, Victoria Building, the chair, the Honourable David Tkachuk, presiding.

Members of the committee present: The Honourable Senators Black, Day, Enverga, Greene, Massicotte, Ringuette, Smith (Saurel), Tannas and Tkachuk (9).

Other senator present: The Honourable Senator Wallin (1).

In attendance: Brett Stuckey and Dylan Gowans, Analysts, Parliamentary Information and Research Services, Library of Parliament.

Also present: The official reporters of the Senate.

Pursuant to rule 12-16(1)(d), the committee considered a draft agenda (future business).

The committee resumed debate on the motion to elect a deputy chair.

The chair ruled on a point of order raised at the meeting held on May 25, 2016, regarding the procedure for electing a deputy chair.

RULING BY THE CHAIR

Last week in committee, we attempted to hold an election to fill this vacancy. Some senators expressed an interest in electing our deputy chair by secret ballot. However, as I stated last week, the Senate does not have the practice of holding elections of chairs or deputy chairs by secret ballot.

Since our last meeting, and at the request of some members, I have consulted with the table to ensure that my interpretation of the Rules specifically applies to the use of secret ballots. As it is the role of the chair to rule on points of order or procedure, I am now prepared to rule as follows:

Rule 12-20 (4) states:

No Senate committee shall adopt procedures inconsistent with the Rules or practices of the Senate.

Senator Kinsella further elaborates on the bounds of committee practices and procedures in his decision of September 16, 2009:

While committees often operate informally, they remain bound by the Rules of the Senate. Committees cannot follow any procedure whatsoever that they set for themselves. The phrase mutatis mutandis, in the context of our practices, means that the Rules apply in committee, unless they contain an exemption or there is a clear reason why they cannot. While committees are often said to be "masters of their own proceedings,'' this is only true insofar as they comply with the Rules of the Senate.

That was September 16, 2009.

Without a modification to the Rules, it bears repeating that the Senate does not have the practice of making decisions by secret ballot. Neither the Speaker nor the Speaker pro tempore is selected in this manner. A secret ballot would therefore not be consistent with rule 12-20 (4) nor with current practice in the Senate.

I know that senators may be anxious to change or modernize our practices, but our committee has no authority to use secret ballots to elect chairs and deputy chairs. I continue to encourage any of our members on the Rules Committee to pursue this if they so wish.

I trust that this resolves the question, and I would like now to resume debate on the question of electing a deputy chair.

With respect to the process to elect a deputy chair, I would like to remind honourable senators that the process is followed similar to that for the election of the chair.

In conducting the election of the deputy chair, the chair will ask if there are any nominations. If there is more than one nomination, the chair must put the question on each motion in turn, in the order that they were received. Only one question may be considered at any time. Votes are initially taken by voice and the chair asks "shall the motion carry?'' and makes a judgment of the result.

At our last meeting I received two nominations for deputy chair, the first one for Senator Day; the second for Senator Ringuette. I am prepared to put the question to the committee in the manner that I have just explained.

The Honourable Senator Ringuette withdrew her name for the election of the deputy chair.

The question being put on the motion by the Honourable Senator Greene, that the Honourable Senator Day be deputy chair of the committee, it was adopted.

At 4:21 p.m., pursuant to the order of reference adopted by the Senate on Tuesday, February 16, 2016, the committee continued its study on the issues pertaining to internal barriers to trade (For complete text of the order of reference, see proceedings of the committee, Issue No. 2.)

WITNESSES:

As individuals:

Cyndee Todgham Cherniak, Counsel, LexSage Professional Corporation;

Jon R. Johnson, Counsel, LexSage Professional Corporation.

Canadian Public Procurement Council (CPPC):

François Emond, Executive Director (by video conference).

Government of Prince Edward Island:

Kal Whitnell, Senior Director — Economic Research and Trade Negotiations, Economic Development and Tourism.

Atlantic Institute for Market Studies:

Marco Navarro-Genie, President and CEO (by video conference).

The chair made a statement.

Ms. Todgham Cherniak, Mr. Johnson and Mr. Emond each made a statement and answered questions.

At 5:19 p.m., the committee suspended.

At 5:23 p.m., the committee resumed.

The chair made a statement.

Mr. Whitnell and Mr. Navarro-Genie each made a statement and answered questions.

At 6:15 p.m., the committee adjourned to the call of the chair.

ATTEST:

Lynn Gordon

Clerk of the Committee