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LCJC - Standing Committee

Legal and Constitutional Affairs


THE STANDING SENATE COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS

MINUTES OF PROCEEDINGS


OTTAWA, Wednesday, November 2, 2022
(28)

[English]

The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:20 p.m., in room W120, 1 Wellington St., the chair, the Honourable Mobina S. B. Jaffer, presiding.

Members of the committee present: The Honourable Senators Batters, Boisvenu, Clement, Cotter, Dalphond, Dupuis, Jaffer, Klyne, Miville-Dechêne, Pate and Smith (11).

Participating in the meeting: Julian Walker and Michaela Keenan-Pelletier, analysts, Library of Parliament.

Pursuant to the order of reference adopted by the Senate on Wednesday, December 8, 2021, the committee continued its consideration of Bill S-210, An Act to restrict young persons' online access to sexually explicit material.

It was agreed that the committee proceed to clause-by-clause consideration of Bill S-210.

It was agreed that the title stand postponed.

It was agreed that the preamble stand postponed.

It was agreed that clause 1, which contains the short title, stand postponed.

After debate, it was agreed that clause 2 carry.

It was agreed that clause 3 carry.

It was agreed that clause 4 carry.

It was agreed that clause 5 carry.

It was agreed that clause 6 carry.

It was agreed that clause 7 carry.

It was agreed that clause 8 carry.

It was agreed that clause 9 carry.

It was agreed that clause 10 carry.

The chair asked whether clause 11 shall carry.

The Honourable Senator Miville-Dechêne moved that Bill S-210 be amended in clause 11, on page 6,

(a)    by replacing line 11 with the following:

“11 (1) The Governor in Council may make regulations for”;

(b)    by adding the following after line 14:

“(2) Before prescribing an age-verification method under subsection (1), the Governor in Council must consider whether the method

(a)  is reliable;

(b)  maintains user privacy and protects user personal information;

(c)   collects and uses personal information solely for age-verification purposes, except to the extent required by law;

(d)  destroys any personal information collected for age-verification purposes once the verification is completed; and

(e)  generally complies with best practices in the fields of age verification and privacy protection.”.

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

It was agreed that clause 11, as amended, carry, on division.

It was agreed that clause 12 carry.

It was agreed that clause 1, which contains the short title, carry.

It was agreed that the preamble carry.

It was agreed that the title carry.

It was agreed that the bill carry, as amended, on division.

After debate, it was agreed that observations be appended to the committee’s report.

It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make necessary technical, grammatical, or other required non-substantive changes as a result of the amendments adopted by the committee, including updating cross-references and renumbering of provisions.

It was agreed that the chair report Bill S-210 with amendment and with observations to the Senate.

At 5:16 p.m., the committee suspended.

At 5:17 p.m., pursuant to rule 12-16(1)(d), the committee resumed in camera to discuss a draft report.

At 5:20 p.m., the committee adjourned to the call of the chair.

ATTEST:

Mark Palmer

Clerk of the Committee

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