Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue No. 58 - Minutes of Proceedings - April 3, 2019

OTTAWA, Wednesday, April 3, 2019
(135)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 3:18 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).

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; Marc-André Roy, Assistant Law Clerk and Parliamentary Counsel, Office of the Law Clerk and Parliamentary Counsel.

Also present: The official stenographers 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.)

The chair made a statement.

It was agreed that the report from the Chief Electoral Officer, be published as an appendix to today's evidence (Appendix 5900-1.42/LCJC-C-76, 58, "1'').

WITNESSES:

Office of the Information Commissioner of Canada:

Caroline Maynard, Information Commissioner of Canada;

Marie-Josée Montreuil, Senior Counsel;

Allison Knight, Senior Director of Investigations;

Jacqueline Strandberg, Counsel, Legal Services.

Treasury Board of Canada Secretariat:

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

Ms. Maynard made a statement and, together with Ms. Montreuil and Ms. Knight, answered questions.

At 3:48 p.m., the committee suspended.

At 4:19 p.m., the committee resumed.

At 4:30 p.m., it was agreed that the committee resume 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 officials were called to the table from time to time to answer questions for the remainder of the meeting.

The committee resumed debate on the motion in amendment from the Honourable Senator Pratte:

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 order set out in the report relates.'', and

(iii) by deleting lines 20 to 26; and

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

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

The chair asked whether clause 19, as amended, shall carry.

The Honourable Senator Ringuette moved:

That Bill C-58 be amended in clause 19, on page 12, by replacing lines 29 and 30 with the following:

"on the fifth business day after the date of the report.''.

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

It was agreed that clause 19, as amended, carry, on division.

It was agreed that clauses 31 and 32 carry, on division.

After debate, the Honourable Senator Boisvenu moved:

That Bill C-58 be amended, on page 17, by adding the following after line 37:

"30.2 Subsection 67.1(1) of the Act is amended by adding the following after paragraph (b):

(b.1) use any code, moniker or contrived word or phrase in a record in place of the name of any person, corporation, entity, third party or organization;''.

After debate, it was agreed that the motion in amendment be further amended in the French version by replacing the word "dossier'' with the word "document''.

After debate, the question being put on the subamendment, it was adopted.

After debate, the question being put on the motion in amendment, as amended, it was adopted, on a show of hands (Y-5, N-4, A-1).

The Honourable Senator Boisvenu moved:

That Bill C-58 be amended, on page 17, by adding the following after line 37:

"30.3 Paragraphs 67.1(2)(a) and (b) of the Act are replaced by the following:

(a) an indictable offence and liable to imprisonment for a term not exceeding four years or to a fine not exceeding $20,000, or to both; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding two years less a day or to a fine not exceeding $10,000, or to both.''.

After debate, the question being put on the motion in amendment, it was defeated on a show of hands (Y-4, N-6, A- nil).

It was agreed that new clause 30.2, as amended, carry, on division.

The chair asked whether clause 33 shall carry.

The Honourable Senator Carignan, P.C., moved:

That Bill C-58 be amended in clause 33, on page 18, by replacing line 17 with the following:

"under this Part;

(c.1) cause to be prepared and distributed to government institutions directives and guidelines regarding the creation and retention of government records that

(i) document decisions made by government institutions,

(ii) ensure the continuity of governmental operations,

(iii) allow for the reconstruction of the evolution of policies and programs, and

(iv) facilitate independent evaluation, audit and review; and''.

After debate, the question being put on the motion in amendment, it was defeated on a tie vote, by a show of hands (Y-5, N-5, A-1).

It was agreed that clause 33 carry, on division.

The chair asked whether clause 34 shall carry.

The Honourable Senator Pratte moved:

That Bill C-58 be amended in clause 34, on page 19, by replacing lines 5 to 7 with the following:

"11(1);''.

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

It was agreed that clause 34, as amended, carry, on division.

It was agreed that clause 35 carry, on division.

The chair asked whether clause 36 shall carry.

The Honourable Senator Dalphond moved:

That Bill C-58 be amended in clause 36, on page 25,

(a) by replacing line 9 with the following:

"71.12 (1) Sections 71.02 to 71.11 do not apply to any of the''; and

(b) by adding the following after line 14:

"(2) No determination by the Speaker of the Senate or their delegate under subsection (1) may be made before the Speaker or their delegate receives the advice of the appropriate authority that the Senate, by its rules or orders, designates.''.

After debate, it was agreed to resume consideration of the motion in amendment moved by the Honourable Senator Dalphond at the next meeting.

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

ATTEST:

Shaila Anwar
Clerk of the Committee