Proceedings of the Standing Senate Committee on
National Security and Defence
Issue No. 5 - Minutes of Proceedings - June 14, 2016
OTTAWA, Tuesday, June 14, 2016
(15)
[English]
The Standing Senate Committee on National Security and Defence met this day at 8:33 a.m., in room 9, Victoria Building, the chair, the Honourable Daniel Lang, presiding.
Members of the committee present: The Honourable Senators Beyak, Carignan, P.C., Cowan, Dagenais, Jaffer, Kenny, Lang and White (8).
Other senators present: The Honourable Senators Campbell, McCoy and Meredith (3).
In attendance: Dominique Valiquet, Analyst, Parliamentary Information and Research Services, Library of Parliament; Kevin Pittman and Silvina Danesi, Committee Clerks.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, June 2, 2016, the committee continued its examination of Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures. (For complete text of the order of reference, see proceedings of the committee, Issue No. 4.)
The chair made a statement.
At 8:34 a.m., the committee suspended.
At 8:35 a.m., the committee, pursuant to rule 12-16(1)(d), resumed in camera for the consideration of a draft agenda (future business).
At 8:48 a.m., the committee suspended.
At 8:50 a.m., the committee resumed in public.
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures.
It was agreed that the title stand postponed.
It was agreed that the chair group clauses where appropriate.
It was agreed that clauses 1 through 4 carry.
The Honourable Senator Dagenais moved:
That Bill C-7 be amended on page 3, by adding after line 16, the following:
"4.1 The Act is amended by adding the following after section 7:
7.1 Nothing in this Act is to be construed as affecting the human resources management powers conferred on the Commissioner of the Royal Canadian Mounted Police by the Royal Canadian Mounted Police Act.''
After debate, the question being put on the motion in amendment that new clause 4.1 carry, it was adopted.
It was agreed that clauses 5 through 9 carry.
The chair asked whether clause 10 shall carry.
The Honourable Senator Carignan, P.C., moved:
That Bill C-7 be amended on page 4, in clause 10,
(a) by replacing line 27 with the following:
"10 (1) Subsection 64(1) of the Act is replaced by the''; and
(b) by adding after line 36:
"(2) Subsection 64(3) of the Act is replaced by the following:
(3) For the purpose of paragraph (1.1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 10, as amended, carry.
It was agreed that clauses 11 through 16 carry.
It was agreed that clause 17 stand postponed.
It was agreed that clauses 18 through 32 carry.
The chair asked whether clause 33 shall carry.
The Honourable Senator Carignan P.C., moved:
That Bill C-7 be amended in clause 33, on page 18, by replacing line 3 with the following:
"group only if it is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in the proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent and that the employee organiza-''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 33 shall carry.
The Honourable Senator Kenny moved:
That Bill C-7 be amended in clause 33,
(a) on page 19, by deleting lines 29 to 39; and
(b) on page 20;
(i) by deleting lines 1 to 19, and
(ii) by deleting lines 33 to 37;
(c) on page 21, by deleting lines 1 to 34.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 33 shall carry.
The Honourable Senator Carignan, P.C., moved:
That Bill C-7 be amended in clause 33, on page 22
(a) by replacing lines 20 and 21 with the following:
"pretation or application, in respect of the employee, of
(a) a provision of a collective agreement or an arbitral award; or
(b) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment.'';
(b) by replacing lines 26 to 29 with the following:
"employee's satisfaction.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 33, as amended, carry.
The committee resumed consideration of clause 17.
The Honourable Senator Kenny moved:
That Bill C-7 be amended on page 6, in clause 17, by replacing line 15 with the following:
"144 (1) Subject to section 150, after estab-''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 17, as amended, carry.
It was agreed that clauses 34 through 39 carry.
The chair asked whether clause 40 shall carry.
The Honourable Senator Carignan, P.C., moved:
That Bill C-7 be amended in clause 40, on page 29, by replacing line 5 with the following:
"collective agreement or an arbitral award, or of a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment must be presented''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 40, as amended, carry.
It was agreed that clauses 41 through 50 carry.
The chair asked whether clause 51 shall carry.
The Honourable Senator Kenny moved:
That Bill C-7 be amended on page 32, in clause 51, by replacing lines 12 and 13 with the following:
"compensation may not be inconsistent with section 113 of the Federal Public Sector Labour Relations''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 51, as amended, carry.
It was agreed that clause 52 carry.
The chair asked whether clause 53 shall carry.
The Honourable Senator Kenny moved:
That Bill C-7 be amended on page 32, in clause 53, by replacing line 29 with the following:
"section 150 of that Act, make an arbitral''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 53, as amended, carry.
It was agreed that clauses 54 through 61 carry.
The chair asked whether clause 62 shall carry.
The Honourable Senator Carignan, P.C., moved:
That Bill C-7 be amended in clause 62, on page 40, by replacing line 14 with the following:
"lective agreement or an arbitral award, or of a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, is deemed''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 62, as amended, carry.
It was agreed that clauses 63 through 67 carry.
The chair asked whether clause 68 shall carry.
The Honourable Senator Carignan, P.C., moved:
That Bill C-7 be amended in clause 68, on page 46, by replacing lines 35 and 36 with the following:
"be, of a provision of a collective agreement or an arbitral award, or of a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, and alleges that the employer has engaged in a dis-''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 68, as amended, carry.
The chair asked whether clause 69 shall carry.
The Honourable Senator Carignan, P.C., moved:
That Bill C-7 be amended in clause 69,
(a) on page 49,
(i) by replacing lines 33 and 34 with the following:
"or application, in respect of the employee, of
(a) a provision of a collective agreement or an arbitral award; or
(b) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment.'',
(ii) by replacing lines 39 and 40 with the following:
"for the bargaining unit, unless the grievance''; and
(b) on page 50,
(i) by replacing lines 1 and 2 with the following:
"alleges that the employer has engaged in'',
(ii) by replacing lines 6 to 8 with the following:
"(2), an individual grievance that al-'',
(iii) by replacing lines 30 to 33 with the following:
"employee's satisfaction, whether or not it alleges that the employer has'', and
(iv) by replacing lines 40 to 43 with the following:
"in the adjudication proceedings, unless the grievance alleges that the employer has engaged in''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 69, as amended, carry.
It was agreed that clauses 70 and 71 carry.
It was agreed that the title carry.
It was agreed that the bill, as amended, carry.
It was agreed that the chair report Bill C-7, as amended, to the Senate.
At 9:20 a.m., pursuant to the order of reference adopted by the Senate on Thursday, April 21, 2016, the committee continued its study on issues related to the Defence Policy Review presently being undertaken by the government. (For complete text of the order of reference, see proceedings of the committee, Issue No. 4)
It was agreed that the committee proceed to the consideration of a draft budget.
The Honourable Senator White moved:
That, subject to the review of the transportation costs by the Subcommittee on Agenda and Procedure, the following budget application (as it relates to the order of reference concerning the Defence Policy Review presently being undertaken by the government) for $69,795 for the fiscal year ending March 31, 2017, be approved for submission to the Standing Committee on Internal Economy, Budgets and Administration:
ACTIVITY 1: New York City $ 69,795
TOTAL $ 69,795
The question being put on the motion, it was adopted.
At 9:26 a.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Clerk of the Committee