Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 57 - Minutes of Proceedings - March 20, 2019
OTTAWA, Wednesday, March 20, 2019
(133)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:25 p.m., in room W120, 1 Wellington St., the chair, the Honourable Serge Joyal, P.C., presiding.
Members of the committee present: The Honourable Senators Batters, Boisvenu, Carignan, P.C., Dalphond, Dupuis, Gold, Joyal, P.C., McCoy, McIntyre, Pratte and Ringuette (11).
In attendance: Julian Walker and Maxime Charron-Tousignant, Analysts, Parliamentary Information and Research Services, Library of Parliament; Barbara Reynolds, Procedural Clerk, Senate Committees Directorate; Marc-André Roy, Parliamentary Counsel, Office of the Law Clerk and Parliamentary Counsel.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, June 6, 2018, the committee continued its examination of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 49.)
WITNESS:
Treasury Board of Canada Secretariat:
Ruth Naylor, Executive Director, Information and Privacy Policy Division.
The chair made a statement.
It was agreed that the letter from the Minister of Justice and Attorney General of Canada, be published as an appendix to today's Evidence (Appendix 5900-1.42/LCJC-C-58, 57, "1'').
Ms. Naylor made a statement and answered questions from time to time for the remainder of the meeting.
The committee resumed clause-by-clause consideration of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, after clause 6, as amended.
The Honourable Senator Carignan, P.C., moved:
That Bill C-58 be amended, on page 4, by adding the following after line 4:
"6.2 Subsection 9(2) of the Act is replaced by the following:
(2) An extension of a time limit under paragraph (1)(a) or (b) may not be for more than 30 days.''.
After debate, the Honourable Senator Dupuis moved that the motion in amendment be further amended by adding after the word "days'':
"except with the prior written consent of the Information Commissioner.''
The question being put on the motion in amendment, as amended, it was adopted, on division.
It was agreed that clause 6.2, as amended, carry, on division.
The chair asked whether clause 7 shall carry.
The Honourable Senator Pratte moved:
That Bill C-58 be amended in clause 7, on page 4,
(a) by replacing lines 5 and 6 with the following:
"7 Section 11 of the Act is replaced by the following:''; and
(b) by replacing lines 11 to 38 with the following:
"(2) The head of a government institution to which a request for access to a record is made under this Part may waive the requirement to pay a fee or a part of a fee under this section or may refund a fee or a part of a fee paid under this section.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 7, as amended, carry.
It was agreed that clauses 8 to 12 carry, on division.
The chair asked whether clause 13 shall carry.
The Honourable Senator Pratte moved:
That Bill C-58 be amended in clause 13, on page 5, by replacing lines 31 to 35 with the following:
"13 (1) Paragraph 30(1)(b) of the Act is repealed.''.
After debate, the question being put on the motion in amendment, it was adopted.
The Honourable Senator Pratte moved:
That Bill C-58 be amended in clause 13, on page 5, by deleting line 36.
The question being put on the motion in amendment, it was adopted.
The Honourable Senator Ringuette moved:
That Bill C-58 be amended in clause 13, on page 6, by replacing line 26 with the following:
"Commissioner consulted him or her under subsection 36(1.1) or section''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 13, as amended, carry, on division.
The chair asked whether clause 14 shall carry.
It was moved:
That Bill C-58 be amended in clause 14, on page 7, by replacing lines 6 to 8 with the following:
"Commissioner consults him or her under subsection 36(1.1) or section 36.2.''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 14, as amended, carry.
The chair asked whether clause 15 shall carry.
The Honourable Senator Ringuette moved:
That Bill C-58 be amended, in clause 15, on page 7, by adding the following after line 10:
"For greater certainty
(1.1) For greater certainty, the Information Commissioner may, during the investigation of any complaint under this Part, consult the Privacy Commissioner and may, in the course of the consultation, disclose to him or her personal information.''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 15, as amended, carry, on division.
The chair asked whether clause 16 shall carry.
After debate, it was agreed that clause 16 stand postponed.
The chair asked whether clause 17 shall carry.
The Honourable Senator Ringuette moved:
That Bill C-58 be amended in clause 17, on page 10, by replacing lines 4 to 12 with the following:
"recommendations that he or she makes to
(a) the complainant;
(b) the head of the government institution;
(c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and
(d) the Privacy Commissioner, if he or she was entitled under paragraph 35(2)(d) to make representations and he or she made representations to the Commissioner in respect of the complaint.
However, no report is to be''.
After debate, the question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 17 stand postponed.
It was agreed that clause 18 carry, on division.
The committee proceeded to discuss future business.
At 6:20 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Acting Clerk of the Committee