Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue 14 - Minutes of Proceedings
OTTAWA, Tuesday, October 24, 2006
(37)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 2:37 p.m., in room 9, Victoria Building, the Honourable Donald H. Oliver, Chair, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Cowan, Day, Joyal, P.C., Mitchell, Nolin, Oliver, Ringuette, Stratton and Zimmer (11).
Other senator present: The Honourable Senator Milne (1).
In attendance: Kristen Douglas, Parliamentary Information and Research Services, Library of Parliament; Katharine Kirkwood, Director, Law and Government Division, Michel Patrice, Parliamentary Counsel and Janice Tokar, Legislative Drafter, Law Clerk's Office; Till Heyde, Keli Hogan and Adam Thompson, Committee Clerks, Committees Directorate.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Tuesday, June 27, 2006, the committee continued its consideration of Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability. (For complete text of Order of Reference, see proceedings of the committee, Issue No. 3.)
WITNESSES:
Treasury Board of Canada:
Joe Wild, Senior Counsel, Legal Services, Treasury Board Portfolio.
Public Service Human Resources Management Agency of Canada:
Catherine MacQuarrie, Vice-President, Office of the Public Service Values and Ethics.
Privy Council Office:
Marc Chénier, Counsel, Legislation and House Planning.
The Chair made an opening statement.
It was agreed that committee proceed to clause-by-clause consideration of Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability.
It was agreed that the title stand postponed.
It was agreed that clause 1 stand postponed.
The Chair asked whether clause 2 shall carry.
After debate, it was moved by the Honourable Senator Andreychuk that Bill C-2 be amended in clause 2, on page 3, by replacing line 35 with the following:
"missioner;
(d.1) a ministerial appointee whose appointment is approved by the Governor in Council; and".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Ringuette that Bill C-2 be amended in clause 2, on page 4, by replacing line 5 with the following:
"Governor in Council may appoint a person, but does not include the Senate or the House of Commons.".
After debate, Mr. Wild, Ms. MacQuarrie, Mr. Patrice and Ms. Tokar were invited to the table and answered questions. For the remainder of the meeting, they answered questions from time to time.
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Andreychuk that that Bill C-2 be amended in clause 2,
(a) on page 4, by replacing line 20 with the following:
"(d) a Governor in Council appointee, or a ministerial appointee whose appointment is approved by the Governor in Council, who"; and
(b) on page 4, by replacing line 24 with the following:
"(e) a Governor in Council appointee, or a ministerial appointee whose appointment is approved by the Governor in Council, who".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 5,
(a) by replacing lines 26 and 27 with the following:
"4. (1) For the purposes of this Act, a public office holder is in an actual conflict of interest when he", and
(b) by adding after line 32 the following:
"(2) For the purposes of this Act, a public office holder is in a potential conflict of interest when the public office holder's ability to exercise an official power, duty or function could be influenced by his or her private interests or those of his or her relatives or friends, or could be improperly influenced by another person's private interests.
(3) For the purposes of this Act, a public office holder is in an apparent conflict of interest when there is a reasonable perception, which a reasonably well-informed person could properly have, that the public office holder's ability to exercise an official power, duty or function must have been influenced by his or her private interests or those of his or her relatives or friends, or must have been improperly influenced by another person's private interests.".
Debate arose thereon.
At 3:10 p.m., the committee suspended.
At 3:35 p.m., the committee resumed consideration of the motion in amendment of the Honourable Senator Joyal, P.C.
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 6,
(a) by replacing lines 3 and 4 with the following:
"prevent the public office holder from being in an actual, apparent or potential conflict of interest.";
(b) by replacing lines 10 and 11 with the following:
"the decision, he or she would be in an actual, apparent or potential conflict of interest."; and
(c) by replacing lines 16 and 17 with the following:
"question that would place him or her in an actual, apparent or potential conflict of interest.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 6,
(a) by replacing line 5 with the following:
"6. No public office holder shall make a", and
(b) by deleting lines 12 to 17.
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 7, by replacing line 9 with the following:
"(b) that is given by a relative or close personal friend; or".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 9, by replacing lines 39 and 40 with the following:
"it would place the public office holder in an actual, apparent or potential conflict of interest.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 12, by replacing line 10 with the following:
"he or she would be in an actual, apparent or potential conflict of interest.".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 13, by replacing line 37 with the following:
"in a 12-month period, the reporting".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 14, by replacing line 16 with the following:
"recused himself or herself to avoid an actual, apparent or potential conflict of".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 14, by replacing line 21 with the following:
"identify the actual, apparent or potential conflict of interest that was avoided.".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Andreychuk that that Bill C-2 be amended in clause 2, on page 14, by replacing line 24 with the following:
"is appointed as a public office holder,".
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 15, by replacing line 1 with the following:
"or more, other than one from a relative,".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 18, by replacing line 25 with the following:
"actual, apparent or potential conflict of interest in relation to the reporting".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 22,
(a) by replacing line 1 with the following:
"38. (1) The Commissioner may, on application, exempt", and
(b) by replacing lines 22 to 27 with the following:
"(3) The decision made by the Commissioner shall be communicated in writing to the person who applied for the exemption.
(4) If the Commissioner has granted an exemption in accordance with this section, the Commissioner shall publish the decision and the reasons in the public registry maintained under section 51.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Andreychuk that that Bill C-2 be amended in clause 2, on page 24, by replacing, in the English version, line 4 with the following:
"a person under section 39 affects any obligation or".
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Joyal, P.C., that Bill C-2 be amended in clause 2, on page 24,
(a) by replacing line 7 with the following:
"43. (1) In addition to carrying out his or her",
(b) by replacing line 10 with the following:
"(a) provide advice to the Prime"; and
(c) by adding after line 17 the following:
"(2) Subject to subsection (4), advice under paragraph (1)(a) may be provided on a confidential basis.
(3) If, in the course of responding to a request by the Prime Minister for advice under paragraph (1)(a), the Commissioner concludes that a public office holder has contravened this Act, the Commissioner shall provide the Prime Minister with a report setting out the facts in relation to the contravention as well as the Commissioner's analysis and conclusions.
(4) The Commissioner shall, at the same time that the report is provided under subsection (3) to the Prime Minister, provide a copy of it to the public office holder who is the subject of the report and make the report available to the public.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended in clause 2, on page 25, by replacing lines 4 to 11 with the following:
"(5) While considering whether to bring to the attention of the Commissioner under subsection (4) any information that a member of the Senate or House of Commons has received from the public, the member shall not disclose that information to anyone. If the member brings that information to the attention of the Commissioner, the mem-".
After debate, the question being put on the motion, it was negatived, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 25, by deleting lines 4 to 21.
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 25:
(a) by replacing line 22 with the following:
"(7) Subject to subsection (8.1), the Commissioner shall provide the", and
(b) by replacing lines 26 to 31 with the following:
"request.
(8) Subject to subsection (8.1), the Commissioner shall, at the same time".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended in clause 2, on page 25, by replacing, in the English version, line 32 with the following:
"that the report is provided under subsection (7),".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 25 by adding after line 37 the following:
"(8.1) If the Commissioner determines that the request was frivolous or vexatious or was made in bad faith or the examination of the matter was discontinued under subsection (3), the Commissioner shall provide the report only to the member who made the request and the public office holder or former public officer holder who is the subject of the request, and shall not make the report available to the public.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 26,
(a) by replacing lines 15 and 16 with the following:
"46. Before providing advice under paragraph 43(1)(a) or a report under section 43,";
(b) by replacing line 22 with the following:
"out in a report under section 43, 44 or 45 that a"; and
(c) by replacing line 28 with the following:
"48. (1) For the purposes of paragraph 43(1)(a)".
After debate, the question being put on the motion, it was adopted, on division.
At 5:25 p.m., the committee suspended.
At 6:53 p.m., the committee resumed.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 27, by replacing line 17 with the following:
"43, 44 or 45; or".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 28, by replacing line 16 with the following:
"section 86 of the Parliament of Canada".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 28, by adding after line 26 the following:
"(c.1) decisions on exemption applications under section 38 and the accompanying reasons;".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended in clause 2, on page 28, by replacing line 35 with the following:
"recusal under subsection 25(1) or section 30,".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 31,
(a) by replacing line 38 with the following:
"later than two years after the day on which the", and
(b) by replacing line 40 with the following:
"matter of the proceedings and, in any case, not later than five years after the day on which the subject-matter of the proceedings arose.".
After debate, the Honourable Senator Andreychuk moved that the motion in amendment be amended by replacing the words "five years" with "ten years".
After debate, the question being put on the sub-amendment, it was negatived, on division.
Debate resumed on the motion in amendment of the Honourable Senator Baker, P.C.
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended in clause 2, on page 32, by replacing lines 23 to 25 with the following:
"64. (1) Subject to subsection 6(2) and sections 21 and 30, nothing in this Act prohibits a member of the Senate or the House of Commons who is a public office holder or former public office holder from engaging in those".
After debate, the question being put on the motion, it was negatived, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 32, by replacing lines 29 and 30 with the following:
"(2) Nothing in this Act abrogates or".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Baker, P.C., that Bill C-2 be amended in clause 2, on page 32,
(a) by replacing line 35 with the following:
"at any time within but not later than two years"; and
(b) by replacing line 39 with the following:
"five years after the day on which the subject-".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 2, as amended, carry.
It was moved by the Honourable Senator Ringuette that Bill C-2 be amended in clause 2, on page 33, by replacing lines 7 and 8 with the following:
"67. (1) Within five years after this section comes into force, a comprehensive review".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 2, as amended, carry, on division.
The Chair asked whether clause 3 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended in clause 3, on page 35, by replacing, in the French version, line 4 with the following:
"aux conflits d'intérêts et à l'éthique en conformité avec l'article 44 de".
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 3, as amended, carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 3,
(a) on page 33,
(i) by replacing lines 26 and 27 with the following:
"tion in the office of the Ethics Commissioner", and
(ii) by deleting line 40; and
(b) on page 34,
(i) by replacing lines 1 and 2 with the following:
"(3) Every reference to the Ethics Commissioner in any",
(ii) by replacing, in the English version, line 4 with the following:
"other document executed by that person is",
(iii) by replacing lines 9 and 10 with the following:
"administrative proceeding to which the Ethics Commis-",
(iv) by replacing line 17 with the following:
"Ethics Commis-", and
(v) by replacing lines 21 to 23 with the following:
"possession or control of the Ethics Commissioner relating to the exercise of his or her powers, duties and".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 3, as amended, carry, on division.
It was agreed that clause 3.1 carry.
The Chair asked whether clause 4 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 4, on page 35, by replacing line 34 with the following:
"Commissioner or Senate Ethics Officer".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 4, as amended, carry, on division.
The Chair asked whether clause 5 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 5, on page 36,
(a) by replacing lines 5 and 6 with the following:
"committee or member of either House, the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner"; and
(b) by replacing line 8 with the following:
"powers referred to in section 86 of the".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 5, as amended, carry, on division.
It was agreed that clause 6 carry.
The Chair asked whether clause 7 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 7, on page 36,
(a) by replacing line 19 with the following:
"(c) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of";
(b) by replacing line 24 with the following:
"er of the House of Commons,"; and
(c) by replacing line 32 with the following:
"Commons, Library of Parliament, office of the Senate Ethics Officer and office".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 7, as amended, carry, on division.
It was agreed that clause 8 carry.
It was agreed that clause 9 carry.
The Chair asked whether clause 10 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 10, on page 37,
(a) by replacing line 14 with the following:
"House of Commons, Library of Parliament, office of the Senate Ethics Officer or"; and
(b) by replacing line 21 with the following:
"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 10, as amended, carry, on division.
The Chair asked whether clause 11 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 11, on page 37, by replacing line 27 with the following:
"of Parliament, office of the Senate Ethics Officer and office of the Conflict of".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 11, as amended, carry, on division.
The Chair asked whether clause 12 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 12, on page 38,
(a) by replacing line 3 with the following:
"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest";
(b) by replacing, in the English version, line 8 with the following:
"Commons, Library of Parliament, office of the Senate Ethics Officer or office of the";
(c) by replacing, in the English version, line 14 with the following:
"ment, office of the Senate Ethics Officer or office of the Conflict of Interest and";
(d) by replacing, in the English version, line 17 with the following:
"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict";
(e) by replacing, in the English version, line 22 with the following:
"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest";
(f) by replacing line 25 with the following:
"House of Commons, Library of Parliament, office of the Senate Ethics Officer or";
(g) by replacing, in the English version, line 33 with the following:
"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of";
(h) by replacing line 39 with the following:
"House of Commons, Library of Parliament, office of the Senate Ethics Officer or"; and
(i) by replacing, in the English version, line 44 with the following:
"Commons, Library of Parliament, office of the Senate Ethics Officer or office of the".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 12, as amended, carry, on division.
The Chair asked whether clause 13 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 13, on page 39,
(a) by replacing line 7 with the following:
"Commons, Library of Parliament, office of the Senate Ethics Officer or office";
(b) by replacing, in the English version, line 20 with the following:
"Parliament, office of the Senate Ethics Officer or office of the Conflict of";
(c) by replacing, in the English version, line 29 with the following:
"Parliament, office of the Senate Ethics Officer or office of the Conflict of"; and
(d) by replacing, in the English version, line 41 with the following:
"of Commons, Library of Parliament, office of the Senate Ethics Officer or".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 13, as amended, carry, on division.
The Chair asked whether clause 14 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 14, on page 40,
(a) by replacing line 5 with the following:
"of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest"; and
(b) by replacing, in the English version, line 14 with the following:
"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 14, as amended, carry, on division.
The Chair asked whether clause 15 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 15,
(a) on page 40,
(i) by replacing line 22 with the following:
"of Commons, Library of Parliament, office of the Senate Ethics Officer or office of",
(ii) by replacing, in the English version, line 28 with the following:
"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict",
(iii) by replacing, in the English version, line 36 with the following:
"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of", and
(iv) by replacing line 41 with the following:
"House of Commons, Library of Parliament, office of the Senate Ethics Officer or"; and
(b) on page 41,
(i) by replacing line 3 with the following:
"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest", and
(ii) by replacing, in the English version, line 9 with the following:
"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 15, as amended, carry, on division.
The Chair asked whether clause 16 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 16, on page 41, by replacing line 19 with the following:
"mons, Library of Parliament, office of the Senate Ethics Officer or office of the".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 16, as amended, carry, on division.
The Chair asked whether clause 17 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 17, on page 41, by replacing line 27 with the following:
"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 17, as amended, carry, on division.
The Chair asked whether clause 18 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 18, on page 1, by replacing line 35 with the following:
"House of Commons, Library of Parliament, office of the Senate Ethics Officer or".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 18, as amended, carry, on division.
The Chair asked whether clause 19 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 19, on page 42, by replacing line 6 with the following:
"of Parliament, office of the Senate Ethics Officer or office of the Conflict of".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 19, as amended, carry, on division.
The Chair asked whether clause 20 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 20, on page 42, by replacing line 15 with the following:
"(c.1) the office of the Senate Ethics Officer and the office of the Conflict of Interest and".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 20, as amended, carry, on division.
The Chair asked whether clause 21 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 21, on page 43, by replacing line 3 with the following:
"House of Commons, Library of Parliament, office of the Senate Ethics Officer or".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 21, as amended, carry, on division.
The Chair asked whether clause 22 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 22, on page 43,
(a) by replacing line 15 with the following:
"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of"; and
(b) by replacing line 21 with the following:
"Commons, Library of Parliament, office of the Senate Ethics Officer or office of".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 22, as amended, carry, on division.
The Chair asked whether clause 23 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 23, on page 43, by replacing line 36 with the following:
"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 23, as amended, carry, on division.
The Chair asked whether clause 24 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 24, on page 44, by replacing line 3 with the following:
"Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 24, as amended, carry, on division.
The Chair asked whether clause 25 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 25, on page 44, by replacing line 14 with the following:
"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 25, as amended, carry, on division.
The Chair asked whether clause 26 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 26, on page 44, by replacing lines 19 to 21 with the following:
"26. Subsection 20.5(4) of the Parliament of Canada Act is replaced by the following:
(4) For greater certainty, the administration of the Conflict of Interest Act in respect of public office holders who are ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee.".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 26, as amended, carry, on division.
It was agreed that clause 27 carry.
The Chair asked whether clause 28 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 28,
(a) on page 44,
(i) by replacing line 31 with the following:
"recognized party in the House of", and
(ii) by replacing lines 33 and 34 with the following:
"resolution of that House.";
(b) on page 45, by replacing line 19 with the following:
"Council on address of the House of";
(c) on page 46,
(i) by replacing lines 26 and 27 with the following:
"shall be considered by the Speaker of the House of Commons and",
(ii) by replacing line 34 with the following:
"sioner referred to in sections 86 and 87; and", and
(iii) by deleting lines 39 to 44;
(d) on page 47,
(i) by deleting lines 1 to 23, and
(ii) by replacing line 24 with the following:
"86. (1) The Commissioner shall perform the"; and
(e) on page 48,
(i) by adding after line 7 the following:
"86.1 (1) The Commissioner, or any person acting on behalf or under the direction of the Commissioner, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Commissioner under this Act.
(2) No criminal or civil proceedings lie against the Commissioner, or any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commissioner under this Act.
(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Commissioner may otherwise enjoy.",
(ii) by replacing line 8 with the following:
"87. The Commissioner shall, in relation to",
(iii) by replacing line 12 with the following:
"88. (1) Personal information collected by the",
(iv) by replacing line 23 with the following:
"89. The Commissioner may authorize any",
(v) by replacing line 30 with the following:
"90. (1) Within three months after the end of",
(vi) by deleting lines 32 to 35,
(vii) by replacing lines 36 and 37 with the following:
"(a) a report on his or her activities under section 86 for that year to the Speaker of the", and
(viii) by replacing lines 40 and 41 with the following:
"(b) a report on his or her activities under section 87 for that year to the Speaker of the".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 28, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 28, on page 46, by replacing line 29 with the following:
"Board, who shall lay it before the".
The question being put on the motion, it was adopted.
It was agreed that clause 28, as amended, carry, on division.
The Chair asked whether clause 29 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 29, on page 49, by replacing line 12 with the following:
"Parliament, office of the Senate Ethics Officer and office of the Conflict of".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 29, as amended, carry, on division.
The Chair asked whether clause 30 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 30, on page 49, by replacing line 17 with the following:
"of Parliament, office of the Senate Ethics Officer or office of the Conflict of".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 30, as amended, carry, on division.
The Chair asked whether clause 31 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 31,
(a) on page 49, by replacing lines 20 to 22 with the following:
"of the Act is amended by replacing paragraph (e) with the"; and
(b) on page 50, by replacing line 1 with the following:
"(e) the office of the Conflict of Interest and".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 31, as amended, carry, on division.
At 7:07 p.m., the committee suspended.
At 7:25 p.m., the committee resumed.
The Chair asked whether clause 32 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 32, on page 50, by replacing lines 4 to 6 with the following:
"32. Paragraph 85(c.2) of the Act is replaced by the following:
(c.2) the office of the Conflict of Interest and".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 32, as amended, carry, on division.
The Chair asked whether clause 33 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 33, on page 50, by replacing line 20 with the following:
"Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 33, as amended, carry, on division.
The Chair asked whether clause 34 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 34,
(a) on page 50, by replacing line 31 with the following:
"Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest"; and
(b) on page 51, by replacing line 1 with the following:
"ment, office of the Senate Ethics Officer or office of the Conflict of Interest and".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 34, as amended, carry, on division.
The Chair asked whether clause 35 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 35, on page 51, by replacing, in the English version, line 20 with the following:
"a person under section 39 affects any obligation or".
The question being put on the motion, it was adopted.
It was agreed that clause 35, as amended, carry.
It was agreed that clause 36 carry.
The Chair asked whether clause 37 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 37,
(a) on page 51, by replacing lines 36 and 37 with the following:
"into force and the day on which section 24 of the Public Servants Disclosure";
(b) on page 51, by replacing line 41 with the following:
"adding the following after section 67:"; and
(c) on page 52, by replacing lines 1 and 2 with the following:
"68. If a matter is referred to the Commissioner under subsection 24(2.1) of the Public".
The question being put on the motion, it was adopted.
It was agreed that clause 37, as amended, carry.
The Chair asked whether clause 38 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended in clause 38, on page 52,
(a) by replacing line 25 with the following:
"committee or member of either House, the Senate Ethics Officer or the"; and
(b) by replacing lines 28 and 29 with the following:
"powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act.".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 38, as amended, carry, on division.
It was agreed that clause 39 carry.
The Chair asked whether clause 40 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 40, on page 56, by replacing, in the French version, line 13 with the following:
"a) dont il sait ou devrait normalement savoir qu'elle contient des rensei-".
The question being put on the motion, it was adopted.
It was agreed that clause 40, as amended, carry.
It was agreed that clause 41 carry.
It was agreed that clause 42 carry.
It was agreed that clause 43 carry.
The Chair asked whether clause 44 shall carry.
It was moved by the Honourable Senator Nolin that Bill C-2 be amended, in clause 44, on page 57, by adding after line 36 the following:
"(4) The payment by an individual of a fee to participate in a registered party's convention is not a contribution if the cost of holding the convention is greater than or equal to the sum of the fees paid by all of the individuals for that purpose. However, if the cost of holding the convention is less than the sum of the fees paid, the amount of the difference after it is divided by the number of individuals who paid the fee is considered to be a contribution by each of those individuals."
After debate, the question being put on the motion, it was negatived.
The committee resumed consideration of the question that clause 44 carry.
It was moved by the Honourable Senator Zimmer that Bill C-2 be amended, in clause 44, on page 58, by adding after line 5 the following:
"(4) Section 404.2 of the Act is amended by adding the following after subsection (6):
(7) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual, biennial or leadership convention of a particular registered party is a contribution to that party.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 44, as amended, carry, on division.
It was agreed that clause 45 carry.
The Chair asked whether clause 46 shall carry.
It was moved by the Honourable Senator Zimmer that Bill C-2 be amended, in clause 46,
(a) on page 58,
(i) by replacing line 30 with the following:
"(a) $2,000 in total in any calendar year to a",
(ii) by replacing line 32 with the following:
"(a.1) $2,000 in total in any calendar year to",
(iii) by replacing line 36 with the following:
"(b) $2,000 in total to a candidate for a", and
(iv) by replacing line 39 with the following:
"(c) $2,000 in total to the leadership contest-"; and
(b) on page 59,
(i) by replacing line 15 with the following:
"(a) contributions that do not exceed $2,000",
(ii) by replacing line 20 with the following:
"(b) contributions that do not exceed $2,000", and
(iii) by replacing line 25 with the following:
"(c) contributions that do not exceed $2,000".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 46, as amended, carry.
It was moved by the Honourable Senator Zimmer that Bill C-2 be amended, in clause 46,
(a) on page 58, by adding after line 40 the following:
"(1.1) In respect of any calendar year in which two or more general elections are held, the limits under paragraphs (1)(a) and (a.1) are the amounts set out in those paragraphs multiplied by the number of general elections held in that calendar year."; and
(b) on page 59, by adding after line 28 the following:
"(4) Section 405 of the Act is amended by adding the following after subsection (4):
(4.1) In respect of any calendar year in which a nomination contestant or candidate of a registered party campaigns as a nomination contestant or candidate in two or more general elections, the contribution amount referred to in paragraph (4)(a) is the amount set out in that paragraph multiplied by the number of general elections in which the nomination contestant or candidate campaigned in that calendar year.".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 46, as amended, carry, on division.
It was agreed that clause 47 carry.
It was agreed that clause 48 carry.
It was agreed that clause 49 carry.
It was agreed that clause 50 carry.
It was agreed that clause 51 carry.
It was agreed that clause 52 carry.
It was agreed that clause 53 carry.
It was agreed that clause 54 carry.
It was agreed that clause 55 carry.
The Chair asked whether clause 56 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 56,
(a) on page 63, by replacing line 20 with the following:
"required period) or paragraph 92.6(b) (pro-";
(b) on page 64, by replacing line 5 with the following:
"92.6(a) (providing statement containing"; and
(c) on page 64, by replacing line 7 with the following:
"ingly contravenes paragraph 92.6(b) (pro-".
The question being put on the motion, it was adopted.
It was agreed that clause 56, as amended, carry.
It was agreed that clause 57 carry.
It was agreed that clause 58 carry.
The Chair asked whether clause 59 shall carry.
It was moved by the Honourable Senator Zimmer that Bill C-2 be amended, in clause 59, on page 64,
(a) by replacing line 31 with the following:
"later than two years after the day on which the"; and
(b) by replacing line 34 with the following:
"than five years after the day on which the offence".
After debate, Mr. Chénier was invited to the table and answered questions. For the remainder of the meeting, he answered questions from time to time.
The Honourable Senator Zimmer requested leave to amend his motion in amendment by replacing the words "five years" with the words "seven years".
Leave was granted to amend the motion in amendment of the Honourable Senator Zimmer.
The committee resumed consideration of the motion in amendment, as amended.
The question being put on the motion, as amended, it was adopted, on division.
It was agreed that clause 59, as amended, carry, on division.
It was agreed that clause 60 carry.
It was agreed that clause 61 carry.
It was agreed that clause 62 carry.
It was agreed that clause 63 carry.
It was agreed that clause 64 carry.
At 8:25 p.m., the committee suspended.
At 8:35 p.m., the committee resumed.
It was agreed that clause 65 carry.
It was agreed that clause 66 carry.
The Chair asked whether clause 67 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 67,
(a) on page 66, by replacing line 13 with the following:
""designated public office holder" means"; and
(b) on page 66, by replacing lines 18 and 19 with the following:
"(b) any other public office holder who, in a department within the meaning of paragraph (a), (a.1) or (d) of the definition "department" in section 2 of the Financial Admin-".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 67, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 67, on page 67, by replacing line 2 with the following:
"to (4), as if the person were a designated public".
The question being put on the motion, it was adopted.
It was agreed that clause 67, as amended, carry.
It was agreed that clause 68 carry.
The Chair asked whether clause 69 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 69, on page 69, by replacing line 19 with the following:
"(g) the fact that the undertaking does not provide for any".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 69, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 69, on page 69, by replacing lines 30 to 32 with the following:
"the individual as a designated public office holder and the date on which the individual last ceased to hold such a designated public office;".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 69, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 69, on page 70, by replacing lines 4 to 6 with the following:
"month involving a designated public office holder and relating to the undertaking,
(i) the name of the designated public office".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 69, as amended, carry.
The Chair asked whether clause 70 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 70, on page 72, by replacing lines 38 and 39 with the following:
"month involving a designated public office holder,
(i) the name of the designated public office".
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 70, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 70, on page 72, by replacing lines 7 to 9 with the following:
"qualified the employee as a designated public office holder and the date on which the employee last ceased to hold such a designated".
The question being put on the motion, it was adopted.
It was agreed that clause 70, as amended, carry.
It was agreed that clause 71 carry.
It was agreed that clause 72 carry.
The Chair asked whether clause 73 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 73, on page 74, by replacing line 22 with the following:
"present or former designated public office holder".
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 73, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 73, on page 74, by replacing line 30 with the following:
"(2) The Commissioner shall, in a report under".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 73, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 73, on page 74, by replacing, in the English version, line 32 with the following:
"present or former designated public office holder to".
The question being put on the motion, it was adopted.
It was agreed that clause 73, as amended, carry.
It was agreed that clause 74 carry.
The Chair asked whether clause 75 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 75,
(a) on page 75, by replacing line 13 with the following:
"individual ceases to be a designated public office"; and
(b) on page 75, by replacing line 42 with the following:
"(a) was a designated public office holder for a".
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 75, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 75, on page 75, by replacing line 21 with the following:
"that organization if carrying on those activities would constitute a significant part of the individual's work on its behalf; and".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 75, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 75,
(a) on page 75, by replacing, in the English version, line 29 with the following:
"of any designated public office that was held only"; and
(b) on page 76, by replacing, in the English version, line 1 with the following:
"(b) was a designated public office holder on an".
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 75, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 75, on page 76, by adding after line 8 the following:
"10.111 No individual who has a contract for services with a department or other governmental organization, and no individual who is employed by an organization or corporation that has a contract for services with a department or other governmental organization, shall carry on, in relation to a public office holder who is employed by or serves in that department or governmental organization, for a period of five years after the day on which the contract end,
(a) any of the activities referred to in paragraph 5(1)(a) or (b) in the circumstances referred to in subsection 5(1); or
(b) any of the activities referred to in paragraph 7(1)(a) on behalf of an organization or corporation, if carrying on those activities would constitute a significant part of the individual's work on its behalf.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 75, as amended, carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 75, on page 76, by replacing line 10 with the following:
"Act as if they were a designated public office holder".
The question being put on the motion, it was adopted.
It was agreed that clause 75, as amended, carry, on division.
It was agreed that clause 76 carry.
It was agreed that clause 77 carry.
It was agreed that clause 78 carry.
The Chair asked whether clause 79 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 79, on page 80, by replacing lines 16 to 22 with the following:
"any position occupied by a public office holder as a position occupied by a designated public office holder for the purposes of paragraph (c) of the definition "designated public office holder" in subsection 2(1) if, in the opinion of the Governor in Council, doing so is necessary for the purposes of this Act;".
The question being put on the motion, it was adopted.
It was agreed that clause 79, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, after clause 79, on page 80, by adding after line 22 the following:
"79.1 The Act is amended by adding the following after section 13:
PROHIBITION
13.1 No individual shall obstruct the Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner's duties and functions under this Act.".
After debate, the question being put on the motion that new clause 79.1 carry, it was adopted, on division.
The Chair asked whether clause 80 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, on page 81,
(a) by replacing line 7 with the following:
"than two years after the day on which the"; and
(b) by replacing line 10 with the following:
"later than five years after the day on which the".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 80, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 80, on page 81,
(a) by replacing line 12 with the following:
"14.01 (1) If a person is convicted of an offence"; and
(b) by adding after line 22 the following:
"(2) Any person who fails to comply with a prohibition of the Commissioner under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 80, as amended, carry, on division.
It was agreed that clause 81 carry.
It was agreed that clause 82 carry.
It was agreed that clause 83 carry.
It was agreed that clause 84 carry.
It was agreed that clause 85 carry.
It was agreed that clause 86 carry.
It was agreed that clause 87 carry.
The Chair asked whether clause 88 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 88, on page 83, by replacing line 35 with the following:
"designated public office holder with the rank of".
The question being put on the motion, it was adopted.
It was agreed that clause 88, as amended, carry.
It was agreed that clause 88.1 carry.
It was agreed that clause 88.11 carry.
It was agreed that clause 88.2 carry.
The Chair asked whether clause 89 shall carry.
After debate, it was agreed that clause 89 be negatived, on division.
It was agreed that clause 90 carry.
It was agreed that clause 91 carry.
It was agreed that clause 92 carry.
It was agreed that clause 93 carry.
It was agreed that clause 94 carry.
It was agreed that clause 95 carry.
It was agreed that clause 96 carry.
It was agreed that clause 97 carry.
It was agreed that clause 98 carry.
The Chair asked whether clause 99 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 99, on page 88, by replacing, in the English version, line 25 with the following:
"41.3 (1) If a trust disclosed by a member of the House of Commons".
The question being put on the motion, it was adopted.
It was agreed that clause 99, as amended, carry.
It was agreed that clause 100 carry.
The Chair asked whether clause 101 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended, in clause 101, on page 91, by replacing line 16 with the following:
"House of Commons, Library of Parliament, office of the Senate Ethics Officer or".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 101, as amended, carry, on division.
It was agreed that clause 102 carry.
It was agreed that clause 103 carry.
It was agreed that clause 104 carry.
It was agreed that clause 105 carry.
The Chair asked whether clause 106 shall carry.
It was moved by the Honourable Senator Nolin that Bill C-2 be amended, in clause 106, on page 92, by replacing lines 39 and 40 with the following:
"(c) special adviser to a minister.".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 106, as amended, carry.
The Chair asked whether clause 107 shall carry.
It was moved by the Honourable Senator Day that Bill C-2 be amended, in clause 107, on page 93,
(a) by replacing line 7 with the following:
"107. (1) A person referred to in subsection"; and
(b) by adding after line 16 the following:
"(2) A person who, on the coming into force of this section, is employed in the circumstances described in subsection 41(2) or (3) of the Public Service Employment Act, as it read immediately before the coming into force of subsection 103(1) of this Act, and who would have had priority for appointment in accordance with subsection 41(2) or (3) if the person had ceased to be so employed immediately before the coming into force of subsection 103(1), shall be given priority for appointment in accordance with subsection 41(2) or (3), as the case may be, when they cease to be so employed.
(3) For the purposes of subsections (1) and (2), priority for appointment under subsection 41(2) or (3) of the Public Service Employment Act, as it read immediately before the coming into force of subsection 103(1) of this Act, shall be determined as if sections 100 and 102 to 105 of this Act had not been enacted.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 107, as amended, carry, on division.
The Chair asked whether clause 108 shall carry.
It was moved by the Honourable Senator Ringuette that Bill C-2 be amended, in clause 108, on page 93, by replacing, in the English version, line 37 with the following:
"of that province to those provisions.".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 108, as amended, carry.
It was moved by the Honourable Senator Zimmer that Bill C-2 be amended, in clause 108, on page 94, by replacing lines 1 to 4 with the following:
"(4) Sections 41 to 43, subsections 44(3) and (4) and sections 45 to 55, 57 and 60 to 64 come into force on January 1 of the year following the year in which this Act receives royal assent.
(4.1) Sections 63 and 64 do not apply in respect of monetary contributions made before the day on which those sections come into force.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 108, as amended, carry, on division.
It was agreed that clause 109 carry.
The Chair asked whether clause 110 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 110, on page 95, by replacing lines 5 and 6 with the following:
"commission under the Great Seal, appoint an Auditor General of Canada".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 110, as amended, carry, on division.
It was agreed that clause 111 carry.
It was agreed that clause 112 carry.
It was agreed that clause 113 carry.
It was agreed that clause 114 carry.
It was agreed that clause 115 carry.
The Chair asked whether clause 116 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 116,
(a) on page 98, by replacing line 3 with the following:
"that committee into the"; and
(b) by replacing lines 26 to 32 on page 98 with the following:
"those estimates; and
(d) when requested to do so by a member of".
The question being put on the motion, it was adopted.
With leave, the committee suspended consideration of clause 116, as amended.
The committee considered its business.
It was agreed that the committee resume at 12:00 p.m. on Wednesday, October 25, 2006.
At 10:30 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Wednesday, October 25, 2006
(38)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 12:12 p.m., in room 9, Victoria Building, the Honourable Donald H. Oliver, Chair, presiding.
Members of the committee present: The Honourable Senators Andreychuk, Baker, P.C., Cowan, Day, Hays, Joyal, P.C., Milne, Nolin, Oliver, Ringuette, Stratton and Zimmer (12).
Other senators present: The Honourable Senators Mitchell and Prud'homme, P.C. (2).
In attendance: Kristen Douglas, Parliamentary Information and Research Services, Library of Parliament; Katharine Kirkwood, Director, Law and Government Division, Michel Patrice, Parliamentary Counsel and Janice Tokar, Legislative Drafter, Law Clerk's Office; Till Heyde, Keli Hogan and Adam Thompson, Committee Clerks, Committees Directorate.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Tuesday, June 27, 2006, the committee continued its consideration of Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability. (For complete text of Order of Reference, see proceedings of the committee, Issue No. 3.)
WITNESSES:
Treasury Board of Canada:
Joe Wild, Senior Counsel, Legal Services, Treasury Board Portfolio;
Catrina Tapley, Federal Councils and External Relations.
Mr. Wild clarified comments made on Tuesday, October 24, 2006, with respect to clause 110.
The committee resumed consideration of the question that clause 116, as amended, carry.
It was moved by the Honourable Senator Mitchell that Bill C-2 be amended, in clause 116, on page 97, by replacing line 26 with the following:
"(3) The Governor in Council shall select the".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 116, as amended, carry.
It was moved by the Honourable Senator Mitchell that Bill C-2 be amended, in clause 116, on page 97, by replacing line 29 with the following:
"the Leader of the Government in the Senate and the Leader of the Government in the House of".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 116, as amended, carry.
It was moved by the Honourable Senator Mitchell that Bill C-2 be amended, in clause 116, on page 97, by replacing lines 30 and 31 with the following:
"Commons, by a committee composed of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, the Leader of the Government in the House of Commons, the Leader of the Opposition in the House of Commons, and the Parliamentary Librarian.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 116, as amended, carry.
It was moved by the Honourable Senator Mitchell that Bill C-2 be amended, in clause 116, on page 97, by replacing line 37 with the following:
"(a) provide independent analysis to the Senate".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 116, as amended, carry.
It was moved by the Honourable Senator Mitchell that Bill C-2 be amended, in clause 116,
(a) on page 98, by replacing, in the English version, line 47 with the following:
"of this section, to free and timely access";
(b) on page 99, by replacing, in the French version, line 1 with the following:
"connaissance, gratuitement et en temps opportun, de".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 116, as amended, carry, on division.
It was agreed that clause 117 carry.
It was agreed that clause 118 carry.
It was agreed that clause 119 carry.
The Chair asked whether clause 120 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 120,
(a) on page 102, by deleting lines 22 and 23; and
(b) on page 102, by deleting lines 27 to 30.
The question being put on the motion, it was adopted.
It was agreed that clause 120, as amended, carry.
The Chair asked whether clause 121 shall carry.
It was moved by the Honourable Senator Baker, P.C. that Bill C-2 be amended, in clause 121, on page 105, by replacing lines 19 and 20 with the following:
"(a.1) a person named by the leader in the Senate of each recognized party in that House;
(b) a person named by the leader in the House of Commons of each recognized party in that House;".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 121, as amended, carry.
It was moved by the Honourable Senator Baker, P.C. that Bill C-2 be amended, in clause 121, on page 105, by replacing lines 27 to 34 with the following:
"(2) The selection committee shall identify and assess candidates for appointment to the office of Director, each of whom must be a member of at least 10 years' standing at the bar of any province, and the committee shall recommend to the Attorney General three assessed candidates whom it considers suitable for appointment.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 121, as amended, carry.
It was moved by the Honourable Senator Ringuette that Bill C-2 be amended, in clause 121,
(a) on page 105, by replacing lines 41 and 42 with the following:
"to a committee of the Senate, of the House of Commons or of both Houses of Parliament designated or established for that purpose."; and
(b) on page 106:
(i) by replacing line 2 with the following:
"committee referred to in subsection (4) gives its approval,", and
(ii) by replacing, in the English version, line 5 with the following:
"or, if the committee does not give".
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 121, as amended, carry.
It was moved by the Honourable Senator Baker, P.C. that Bill C-2 be amended, in clause 121, on page 106, by replacing line 13 with the following:
"Senate and House of Commons to that effect. The Director".
The question being put on the motion, it was adopted.
It was agreed that clause 121, as amended, carry, on division.
It was agreed that clause 122 carry.
It was agreed that clause 123 carry.
It was agreed that clause 124 carry.
It was agreed that clause 125 carry.
It was agreed that clause 126 carry.
It was agreed that clause 127 carry.
It was agreed that clause 128 carry.
It was agreed that clause 129 carry.
It was agreed that clause 130 carry.
It was agreed that clause 131 carry.
It was agreed that clause 132 carry.
It was agreed that clause 133 carry.
It was agreed that clause 134 carry.
It was agreed that clause 135 carry.
It was agreed that clause 136 carry.
It was agreed that clause 137 carry.
It was agreed that clause 138 carry.
It was agreed that clause 139 carry.
It was agreed that clause 140 carry.
It was agreed that clause 141 carry.
The Chair asked whether clause 142 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 142, on page 117, by replacing line 10 with the following:
"applies to any of its wholly-owned subsidiaries within the".
The question being put on the motion, it was adopted.
It was agreed that clause 142, as amended, carry.
The Chair asked whether clause 143 shall carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 143, on page 117, by replacing line 40 with the following:
"regulations, provide timely access to the record in the".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 143, as amended, carry.
The Chair asked whether clause 144 shall carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 144, on page 118,
(a) by replacing lines 13 and 14 with the following:
"(c) the Information Commissioner;
(d) the Privacy Commissioner; and
(e) the Commissioner of Lobbying."; and
(b) by replacing line 16 with the following:
"institution referred to in any of paragraphs (1)(a) to (e)".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 144, as amended, carry, on division.
The Chair asked whether clause 145 shall carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 145, on page 118, by replacing line 29 with the following:
"Elections Act, the Chief Electoral Officer may".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 145, as amended, carry, on division.
It was agreed that clause 146 carry.
The Chair asked whether clause 147 shall carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 147, on page 119,
(a) by replacing lines 24 and 25 with the following:
"Board;
(d) VIA Rail Canada Inc.; or
(e) the Canada Foundation for Sustainable Development Technology."; and
(b) by replacing line 32 with the following:
"(e); or".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 147, as amended, carry.
The Chair asked whether clause 148 shall carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 148, on page 120, by adding after line 10 the following:
"20.3 The head of the Canada Foundation for Sustainable Development Technology shall refuse to disclose a record requested under this Act that contains advice or information obtained in confidence by the Foundation relating to applications for funding, eligible projects or eligible recipients, within the meaning of the Canada Foundation for Sustainable Development Technology Act, if the Foundation has consistently treated the advice or information as confidential.".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 148, as amended, carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 148, on page 120, by adding before line 11 the following:
"20.4 The head of the National Arts Centre Corporation shall refuse to disclose a record requested under this Act if the disclosure would reveal the terms of a contract for the services of a performing artist or the identity of a donor who has made a donation in confidence and if the Corporation has consistently treated the information as confidential.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 148, as amended, carry.
It was agreed that clause 149 carry.
The Chair asked whether clause 150 shall carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 150, on page 120, by replacing line 37 with the following:
"government institution or any related audit working paper if a final report of the".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 150, as amended, carry, on division.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, after clause 150, on page 120, by adding after line 41 the following:
"150.1 The Act is amended by adding the following after section 26:
26.1 Despite any other provision of this Act, the head of a government institution may disclose all or part of a record to which this Act applies if the head determines that the public interest in the disclosure clearly outweighs in importance any loss, prejudice or harm that may result from the disclosure. However, the head shall not disclose any information that relates to national security.".
After debate, the question being put on the motion that new clause 150.1 carry, it was adopted, on division.
It was agreed that clause 151 carry.
It was agreed that clause 152 carry.
It was agreed that clause 153 carry.
It was agreed that clause 154 carry.
It was agreed that clause 155 carry.
It was agreed that clause 156 carry.
It was agreed that clause 157 carry.
It was agreed that clause 158 carry.
The Chair asked whether clause 159 shall carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 159, on page 123, by adding, in the English version, after line 14 the following:
"68.3 This Act does not apply to any information that was already under the control of the following Foundations before the coming into force of section 166 of the Federal Accountability Act:
(a) the Asia-Pacific Foundation of Canada;
(b) the Canada Foundation for Innovation;
(c) the Canada Foundation for Sustainable Development Technology;
(d) the Canada Millennium Scholarship Foundation; and
(e) The Pierre Elliott Trudeau Foundation.
68.4 This Act does not apply to any information that was already under the control of the Office of the Auditor General of Canada before the coming into force of section 167 of the Federal Accountability Act.
68.5 This Act does not apply to any information that was already under the control of the Office of the Chief Electoral Officer before the coming into force of section 168 of the Federal Accountability Act.
68.6 This Act does not apply to any information that was already under the control of the Office of the Commissioner of Official Languages before the coming into force of section 169 of the Federal Accountability Act.
68.7 This Act does not apply to any information that was already under the control of the Office of the Information Commissioner before the coming into force of section 170 of the Federal Accountability Act.
68.8 This Act does not apply to any information that was already under the control of the Office of the Privacy Commissioner before the coming into force of section 171 of the Federal Accountability Act.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 159, as amended, carry, on division.
It was agreed that clause 160 carry.
It was agreed that clause 161 carry.
It was agreed that clause 162 carry.
It was agreed that clause 163 carry.
It was agreed that clause 164 carry.
The Chair asked whether clause 165 shall carry.
After debate, clause 165 was negatived, on division.
It was agreed that clause 166 carry.
It was agreed that clause 167 carry.
It was agreed that clause 168 carry.
It was agreed that clause 169 carry.
It was agreed that clause 170 carry.
It was agreed that clause 171 carry.
It was agreed that clause 172 carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, after clause 172, on page 127, by adding after line 31 the following:
"172.01 Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Canada Elections Act
Loi électorale du Canada
and a corresponding reference to "section 540".".
After debate, the question being put on the motion, it was adopted, on division.
The Chair asked whether clause 172.01 shall carry.
After debate, clause 172.01 was negatived, on division.
It was agreed that clause 173 carry.
It was agreed that clause 174 carry.
It was agreed that clause 175 carry.
It was agreed that clause 176 carry.
It was agreed that clause 177 carry.
It was agreed that clause 178 carry.
It was agreed that clause 179 carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, after clause 179, on page 131, by adding before line 17 the following:
"179.1 The definition "government institution" in section 2 of the Library and Archives of Canada Act is replaced by the following:
"government institution" has the same meaning as in section 3 of the Access to Information Act or in section 3 of the Privacy Act or means an institution designated by the Governor in Council.".
After debate, the question being put on the motion that new clause 179.1 carry, it was adopted.
The Chair asked whether clause 180 shall carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 180, on page 131, by replacing lines 17 and 18 with the following:
"180. The Act is amended by adding the following after".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 180, as amended, carry.
It was agreed that clause 181 carry.
The Chair asked whether clause 182 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 182, on page 132, by replacing line 32 with the following:
"applies to any of its wholly-owned subsidiaries within the".
The question being put on the motion, it was adopted.
It was agreed that clause 182, as amended, carry.
It was agreed that clause 183 carry.
It was agreed that clause 184 carry.
It was agreed that clause 185 carry.
It was agreed that clause 186 carry.
It was agreed that clause 187 carry.
It was agreed that clause 188 carry.
It was agreed that clause 189 carry.
It was agreed that clause 190 carry.
The Chair asked whether clause 191 shall carry.
It was moved by the Honourable Senator Nolin that Bill C-2 be amended, in clause 191,
(a) on page 136, by adding after line 43 the following:
"Asia-Pacific Foundation of Canada
Fondation Asie-Pacifique du Canada" and
(b) on page 137, by adding after line 7 the following:
"The Pierre Elliott Trudeau Foundation
La Fondation Pierre-Elliott-Trudeau".
The question being put on the motion, it was adopted.
It was agreed that clause 191, as amended, carry.
It was agreed that clause 192 carry.
It was agreed that clause 193 carry.
The Chair asked whether clause 194 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 194, on page 137, by adding after line 27 the following:
"(2.1) Paragraph (d) of the definition "protected disclosure" in subsection 2(1) of the Act is replaced by the following:
(d) when lawfully permitted or required to do so.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 194, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 194, on page 137, by adding after line 36 the following:
"(3.1) The definition "reprisal" in subsection 2(1) of the Act is amended by striking out the word "and" at the end of paragraph (d) and by replacing paragraph (e) with the following:
(e) any other measure that may adversely affect, directly or indirectly, the public servant; and
(f) a threat to take any of the measures referred to in any of paragraphs (a) to (e).".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 194, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 194, on page 138, by adding after line 12 the following:
"(4.1) The portion of the definition "public sector" in subsection 2(1) of the Act after paragraph (c) is replaced by the following:
However, subject to sections 52 and 53, "public sector" does not include the Canadian Forces.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 194, as amended, carry, on division.
It was agreed that clause 195 carry.
It was agreed that clause 196 carry.
It was agreed that clause 197 carry.
It was agreed that clause 198 carry.
It was agreed that clause 199 carry.
It was agreed that clause 200 carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, after clause 200, on page 139, by adding after line 43 the following:
"200.1 Subsection 16(2) of the Act is repealed.".
After debate, the question being put on the motion that new clause 200.1 carry, it was adopted, on division.
The Chair asked whether clause 201 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 201, on page 140, by adding before line 7 the following:
"19.01 For the purposes of the provisions of this Act relating to complaints in relation to a reprisal, any administrative or disciplinary measure taken against a public servant within one year after the public servant makes a disclosure concerning a particular matter under any of sections 12 to 14 shall be presumed, in the absence of a preponderance of evidence to the contrary, to be a reprisal.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 201, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 201,
(a) on page 140, by replacing line 16 with the following:
"one year after the day on which the complainant"; and
(b) on page 141,
(i) by replacing line 1 with the following:
"(b) the complaint is filed within one year after", and
(ii) by replacing line 13 with the following:
"within one year after the later of".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 201, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 201, on page 154, by replacing lines 39 and 40 with the following:
"(f) compensate the complainant for any".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 201, as amended, carry, on division.
It was agreed that clause 202 carry.
The Chair asked whether clause 203 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 203, on page 159, by replacing, in the English version, line 7 with the following:
"an investigation;".
The question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 203, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 203, on page 160,
(a) by replacing line 30 with the following:
"constitute a wrongdoing or reprisal is $25,000.";
(b) by replacing line 39 with the following;
"more than $25,000."; and
(c) by replacing line 43 with the following:
"and (5) is at the discretion of the Commissioner.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 203, as amended, carry, on division.
It was agreed that clause 204 carry.
It was agreed that clause 205 carry.
It was agreed that clause 206 carry.
The Chair asked whether clause 207 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 207, on page 162, by adding after line 29 the following:
"(1.1) Where the Commissioner is of the opinion that it is necessary for the purpose of an investigation to obtain information from outside the public sector, the Commissioner may use his or her powers under subsection (1) to direct that such information be provided.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 207, as amended, carry, on division.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, after clause 207, on page 162, by adding after line 29 the following:
"207.1 Section 34 of the Act is repealed.".
After debate, the question being put on the motion that new clause 207.1 carry, it was adopted, on division.
It was agreed that clause 208 carry.
It was agreed that clause 209 carry.
It was agreed that clause 210 carry.
It was agreed that clause 211 carry.
It was agreed that clause 212 carry.
It was agreed that clause 213 carry.
It was agreed that clause 214 carry.
It was agreed that clause 215 carry.
It was agreed that clause 216 carry.
It was agreed that clause 217 carry.
It was agreed that clause 218 carry.
It was agreed that clause 219 carry.
It was agreed that clause 220 carry.
The Chair asked whether clause 221 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 221, on page 171, by replacing lines 39 and 40 with the following:
"33 of that Act if the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act;
(b) obtained by him or her or on his or her behalf in the course of an investigation into a disclosure made under that Act or an investigation commenced under section 33 of that Act, unless he or she is of the opinion that it would be in the public interest to disclose the record;
(c) created by him or her or on his or her behalf in the course of an investigation into a disclosure made under that Act, or an investigation commenced under section 33 of that Act, if the investigation is not yet completed; or
(d) received by a conciliator in the course of".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 221, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 221, on page 172, by replacing line 12 with the following:
"under that Act if
(a) the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act; or
(b) the investigation is not yet completed.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 221, as amended, carry, on division.
It was agreed that clause 222 carry.
The Chair asked whether clause 223 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 223, on page 174, by replacing line 15 with the following:
"disclosure under that Act and the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act.".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 223, as amended, carry, on division.
The Chair asked whether clause 224 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 224, on page 174, by replacing lines 20 to 28 with the following:
"22.2 (1) Subject to paragraph 22(d) of the Public Servants Disclosure Protection Act, the Public Sector Integrity Commissioner shall refuse to disclose any personal information requested under subsection 12(1) that was obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under that Act or an investigation commenced under section 33 of that Act if the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act.
(2) Subsection (1) does not apply if the public servant or person who is or could reasonably be identified consents to disclosure of the information.".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 224, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 224, on page 174, by replacing line 35 with the following:
"disclosure under that Act if the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act, unless the public servant or person who is or could reasonably be identified consents to disclosure of the information.".
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 224, as amended, carry, on division.
It was agreed that clause 225 carry.
The Chair asked whether clause 226 shall carry.
It was moved by the Honourable Senator Andreychuk that Bill C-2 be amended, in clause 226, on page 175, by replacing lines 12 and 13 with the following:
"section 45 of the Conflict of Interest Act comes into".
The question being put on the motion, it was adopted.
It was agreed that clause 226, as amended, carry.
At 3:05 p.m., the committee suspended.
At 4:07 p.m., the committee resumed.
The Chair asked whether clause 227 shall carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 227, on page 175, by replacing line 32 with the following:
"1.1 (1) The Governor in Council shall estab-".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 227, as amended, carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 227, on page 176, by replacing line 38 with the following:
"Governor in Council that a person be appointed or reappointed".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 227, as amended, carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 227,
(a) on page 176, by replacing lines 40 and 41 with the following:
"consult with the leader in the Senate of each recognized party in that House and the leader in the House of Commons of each recognized party in that House. An announce-"; and
(b) on page 177, by replacing lines 2 and 3 with the following:
"each of the Speakers of the two Houses of Parliament for tabling in their respective Houses.".
After debate, the question being put on the motion, it was adopted.
The committee resumed consideration of the question that clause 227, as amended, carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 227, on page 176, by replacing line 32 with the following:
"of public servants and appointees involved in appointment".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 227, as amended, carry.
It was moved by the Honourable Senator Milne that Bill C-2 be amended, in clause 227, on page 177, by replacing line 5 with the following:
"during good behaviour for a term of seven years".
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 227, as amended, carry, on division.
The Chair asked whether clause 228 shall carry.
It was moved by the Honourable Senator Nolin that Bill C-2 be amended, in clause 228, on page 177, by replacing line 28 with the following:
"sections 183, 184, 186 to 193 and 227 of this Act".
The question being put on the motion, it was adopted.
It was agreed that clause 228, as amended, carry.
It was agreed that clause 229 carry.
It was agreed that clause 230 carry.
It was agreed that clause 231 carry.
It was agreed that clause 232 carry.
It was agreed that clause 233 carry.
It was agreed that clause 234 carry.
It was agreed that clause 235 carry.
It was agreed that clause 236 carry.
It was agreed that clause 237carry.
It was agreed that clause 238 carry.
It was agreed that clause 239 carry.
It was agreed that clause 240 carry.
It was agreed that clause 241 carry.
It was agreed that clause 242 carry.
It was agreed that clause 243 carry.
It was agreed that clause 244 carry.
It was moved by the Honourable Senator Nolin that Bill C-2 be amended, after clause 244, on page 181, by adding after line 30 the following:
CANADIAN TOURISM COMMISSION ACT
"244.1 Subsection 11(4) of the Canadian Tourism Commission Act is replaced by the following:
(4) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.
244.2 Subsection 12(3) of the Act is replaced by the following:
(3) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.".
The question being put on the motion that new clauses 244.1 and 244.2 carry, it was adopted.
It was agreed that clause 245 carry.
It was agreed that clause 246 carry.
It was agreed that clause 247 carry.
It was agreed that clause 248 carry.
It was agreed that clause 249 carry.
It was agreed that clause 250 carry.
It was agreed that clause 251 carry.
It was agreed that clause 252 carry.
It was agreed that clause 253 carry.
It was agreed that clause 254 carry.
It was agreed that clause 255 carry.
It was agreed that clause 256 carry.
It was agreed that clause 257 carry.
It was agreed that clause 258 carry.
The Chair asked whether clause 259 shall carry.
It was moved by the Honourable Senator Nolin that Bill C-2 be amended, in clause 259, on page 187, by adding after line 12 the following:
"16.21(1) A person who does not occupy a position in the federal public administration but who meets the qualifications established by directive of the Treasury Board may be appointed to an audit committee by the Treasury Board on the recommendation of the President of the Treasury Board.
(2) A member of an audit committee so appointed holds office during pleasure for a term not exceeding four years, which may be renewed for a second term.
(3) A member of an audit committee so appointed shall be paid the remuneration and expenses fixed by the Treasury Board.".
After debate, at 5:00 p.m., the committee suspended.
At 5:20 p.m., the committee resumed consideration of the motion in amendment of the Honourable Senator Nolin.
After debate, the Honourable Senator Day moved that the motion in amendment be amended by replacing the words "Treasury Board" with the words "Governor in Council" the second time it is referred to in subparagraph 16.21(1) and where it is referred to in subparagraph 16.21(3).
After debate, the question being put on the sub-amendment, it was carried.
The committee resumed consideration of the motion in amendment of the Honourable Senator Nolin, as amended.
The question being put on the motion in amendment of the Honourable Senator Nolin, as amended, it was adopted.
It was agreed that clause 259, as amended, carry.
With leave, it was agreed that clauses 260 to 305 carry.
The Chair asked whether clause 306 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 306, on page 203, by replacing line 4 with the following:
"22.1 (1) The Governor in Council shall".
The question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 306, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 306, on page 204, by replacing line 22 with the following:
"(4) The Procurement Auditor may re-".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 306, as amended, carry
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 306, on pages 203 and 204, by replacing the expression "Procurement Auditor" with the expression "Procurement Ombudsman" wherever it occurs, with such modifications as the circumstances require.
After debate, the question being put on the motion, it was adopted, on division.
It was agreed that clause 306, as amended, carry, on division.
The Chair asked whether clause 307 shall carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 307, on page 204, by replacing lines 41 to 43 with the following:
"in subsection 22.1(3);".
After debate, the question being put on the motion, it was adopted, on division.
The committee resumed consideration of the question that clause 307, as amended, carry.
It was moved by the Honourable Senator Cowan that Bill C-2 be amended, in clause 307,
(a) on page 204, by replacing line 40 with the following:
"tions of the Procurement Ombudsman referred to"; and
(b) on page 205, by replacing line 7 with the following:
"Procurement Ombudsman may make in response".
The question being put on the motion, it was adopted, on division.
It was agreed that clause 307, as amended, carry, on division.
It was agreed that clause 308 carry.
It was agreed that clause 309 carry.
It was agreed that clause 310 carry.
It was agreed that clause 311 carry.
It was agreed that clause 312 carry.
It was agreed that clause 313 carry.
It was agreed that clause 314 carry.
It was agreed that the Schedule carry.
After debate, it was agreed that clause 1 carry.
It was agreed that the title carry.
It was agreed that the Bill, as amended, carry, on division.
It was agreed that Mr. Patrice be allowed to leave the table.
After debate, it was moved by the Honourable Senator Day that draft observations be appended to the committee's report on the bill to the Senate.
At 6:02 p.m., the committee suspended.
At 7:03 p.m., the committee resumed consideration of the motion of the Honourable Senator Day that draft observations be appended to the committee's report on the bill to the Senate.
After debate, the question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Baker, P.C., Cowan, Day, Joyal, P.C., Milne, Ringuette, Zimmer—7
NAYS
The Honourable Senators
Andreychuk, Nolin, Oliver, Stratton—4
ABSTENTIONS
The Honourable Senators
Nil.
It was moved by the Honourable Senator Milne that the Chair of the committee, on the day he tables the report on Bill C-2, ask for the observations to be attached as an appendix to the printed Debates of the Senate of that day.
The question being put on the motion, it was adopted.
It was agreed that the bill be reported with amendments and with appended observations to the Senate at the earliest opportunity.
Pursuant to subsection 14(1) of the Conflict of Interest Code for Senators, a declaration of private interests was made as follows:
— By oral declaration, the Honourable Senator Joyal, P.C. (Amendment to clause 148 — National Arts Centre).
At 7:19 p.m., the committee adjourned to the call of the Chair.
ATTEST:
Gérald Lafrenière
Clerk of the Committee