Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue No. 57 - Minutes of Proceedings - March 21, 2019

OTTAWA, Thursday, March 21, 2019
(134)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:32 a.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).

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

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, Assistant Law Clerk and 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.)

WITNESSES:

Department of Justice Canada:

Sarah Geh, Director and General Counsel.

Treasury Board of Canada Secretariat:

Ruth Naylor, Executive Director, Information and Privacy Policy Division.

The chair made a statement.

The committee resumed its 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.

The chair asked whether clause 19 shall carry.

The Honourable Senator Pratte moved:

That Bill C-58 be amended in clause 19,

(a) on page 11,

(i) by replacing lines 32 and 33 with the following:

"apply to the Court for a review of any result or order set out in the report.'', and

(ii) by replacing line 37 with the following:

"Court for a review of any'';

(b) on page 12,

(i) by replacing lines 7 to 9 with the following:

"information described in subsection 20(1) and to which a result or order set out in the report relates.'',

(ii) by replacing lines 17 to 19 with the following:

"record that might contain personal information and to which a result or orderset out in the report relates.'', and

(iii) by deleting lines 20 to 26; and

(c) on page 13, by deleting lines 13 to 24.

Debate arose thereon.

The officials were called to the table and answered questions from time to time.

Debate continued.

At 11:35 a.m., the committee suspended.

At 11:43 a.m., the committee resumed debate on the motion in amendment proposed by the Honourable Senator Pratte.

After debate, it was agreed that consideration of the motion in amendment proposed by the Honourable Senator Pratte stand postponed.

The chair asked whether clause 19 shall carry.

The Honourable Senator Ringuette moved:

That Bill C-58 be amended in clause 19, on page 13, in the French version by replacing line 27 with the following:

"prévu à l'article 41, il signifie au responsable de l'institution''.

The question being put on the motion in amendment, it was adopted.

After debate, it was agreed that consideration of clause 19, as amended, be postponed.

It was agreed that clause 20 carry, on division.

It was agreed that clause 21 stand postponed.

The chair asked whether clause 22 shall carry.

The Honourable Senator Ringuette moved:

That Bill C-58 be amended in clause 22, on page 14, by replacing lines 26 to 38 with the following:

"22 Section 46 of the Act is replaced by the following:''.

After debate, the question being put on the motion in amendment, it was adopted, on division.

It was agreed that clause 22, as amended, carry, on division.

It was agreed that clause 23 carry, on division.

It was agreed that clause 24 stand postponed.

After debate, it was agreed that clauses 25 to 30 carry, on division.

At 12:32 p.m., the committee adjourned to the call of the chair.

ATTEST:

Shaila Anwar
Acting Clerk of the Committee