Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 59 - Minutes of Proceedings - April 11, 2019
OTTAWA, Thursday, April 11, 2019
(138)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 10:31 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, Dalphond, Dupuis, Gold, Joyal, P.C., McCoy, McIntyre, Pratte, Ringuette and Smith (11).
In attendance: Julian Walker and Maxime Charron-Tousignant, Analysts, Parliamentary Information and Research Services, Library of Parliament.
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 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.
The committee resumed consideration of clause 16.
The Honourable Senator Pratte moved:
That Bill C-58 be amended in clause 16, on page 8, by adding the following after line 26:
"(6) An order under subsection (1) that is in effect may, for the purpose of enforcement, be made an order of the Federal Court by following the usual practice and procedure or by the Information Commissioner filing a certified copy of the order in the Registry of the Court.''.
After debate, the question being put on the motion in amendment, it was adopted, on a show of hands (Y-8, N-0, A- 1).
The Honourable Senator Ringuette moved:
That Bill C-58 be amending in clause 16, on page 8, by replacing line 31 with the following:
"the Information Commissioner shall consult the Privacy''.
The question being put on the motion in amendment, it was adopted.
It was agreed that clause 16, as amended, carry, on division.
The chair asked whether clause 17 shall carry.
The Honourable Senator Ringuette moved:
That Bill C-58 be amended in clause 17, on page 11, by adding the following after line 18:
"Deemed date of receipt
(5) For the purposes of this section, the head of the government institution is deemed to have received the report referred to in subsection (2) on the fifth business day after the date of the report.''.
The question being put on the motion in amendment, it was adopted, on division.
It was agreed that clause 17, as amended, carry, on division.
It was agreed that clause 21 carry, on division.
It was agreed that clause 24 carry, on division.
It was agreed that the title carry.
It was agreed that the bill, as amended, carry, on division.
It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make technical and typographical changes and adjustments to the amendments adopted by the committee.
It was agreed to consider appending draft observations in public.
At 10:45 a.m., the committee suspended.
At 10:48 a.m., the committee resumed in public, to consider appending draft observations.
After debate, it was agreed to adopt the revised draft observations, as prepared by the Library of Parliament, with some modifications.
The committee considered an additional draft observation proposed by the Honourable Senator Dupuis.
After debate, it was agreed to append the draft observation proposed by the Honourable Senator Dupuis, with modifications.
The committee considered the first draft observation, proposed by the Honourable Senator Boisvenu.
After debate, the question being put on the draft observation, it was adopted, with modifications.
The committee considered the second, third and fourth draft observations, proposed by the Honourable Senator Boisvenu.
After debate, it was agreed that these observations not be appended to the report.
The committee considered the fifth draft observation, proposed by the Honourable Senator Boisvenu.
After debate, the question being put on the motion to append this draft observation, it was negatived.
The Honourable Senator Boisvenu moved that the committee do now adjourn.
The question being put on the motion, it was negatived.
The committee continued its consideration of the sixth draft observation, proposed by the Honourable Senator Boisvenu.
After debate, the question being put on the motion to append this draft observation, it was negatived.
The committee considered the seventh draft observation, proposed by the Honourable Senator Boisvenu.
The chair proposed a modification to the seventh draft observation.
After debate, the question being put on the motion to append this draft observation, as modified, it was adopted.
The committee considered a draft observation, proposed by the Honourable Senator Smith.
After debate, the question being put on the motion to append this draft observation, it was adopted, with modifications.
The committee considered draft observations, proposed by the Honourable Senator McCoy.
After debate, the question being put on the motion to append these draft observations, they were adopted, with modifications.
It was agreed that the Subcommittee on Agenda and Procedure approve the final version of the draft observations, taking into account today's discussions and modifications.
It was agreed to append the draft observations to the report.
It was agreed to append the minority observations proposed by the Honourable Senator Boisvenu, to the report.
It was agreed that the chair report the bill, with amendments and with observations and minority observations, to the Senate.
At 12:54 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Acting Clerk of the Committee