Journals of the Senate
2nd Session, 41st Parliament
Issue 146
Tuesday, June 2, 2015
2:00 p.m.
The Honourable Leo Housakos, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Nancy Ruth, Neufeld, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Nancy Ruth, Neufeld, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Wallace, Watt, Wells, White
The first list records senators present in the Senate Chamber during the course of the sitting.
An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent.
The Honourable Senator Martin moved, seconded by the Honourable Senator Fraser:
That during the absence of the Honourable the Speaker, the Honourable Senator Maltais do preside as Speaker.
The question being put on the motion, it was adopted.
Whereupon the Honourable Senator Maltais took the Chair.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable Senator Martin tabled the following:
Délįnę Final Self-Government Agreement and the Délįnę Tax Treatment Agreement.—Sessional Paper No. 2/41- 1227.
Presenting or Tabling Reports from Committees
The Honourable Senator White, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, tabled its seventh report (interim) entitled: A Matter of Privilege: A Discussion Paper on Canadian Parliamentary Privilege in the 21st Century.—Sessional Paper No. 2/41-1228S.
The Honourable Senator White moved, seconded by the Honourable Senator Dagenais, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator White, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its eighth report (Bill C-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms), without amendment).
The Honourable Senator White moved, seconded by the Honourable Senator McIntyre, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Messages from the House of Commons
Order No. 1 was called and postponed until the next sitting.
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Boisvenu, for the third reading of Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts.
After debate,
In amendment, the Honourable Senator Mitchell moved, seconded by the Honourable Senator Lovelace Nicholas, that the bill be not now read a third time, but that it be amended
(a) in clause 2, on page 5:
(i) by adding after line 15 the following:
"(1.1) Each Government of Canada institution that discloses information under subsection (1) must do so in accordance with clearly established policies respecting screening for relevance, reliability and accuracy of the information.'', and
(ii) by adding after line 18 the following:
"(3) Prior to disclosing information under this section, the Government of Canada institution must enter into a written arrangement with the recipient Government of Canada institution specifying principles governing information sharing between the Government of Canada institutions.
(4) The written arrangement entered into pursuant to subsection (3) must be consistent with the principles enumerated in section 4, and include provisions respecting the circumstances under which shared information is retained and destroyed, the confirmation of the reliability of the shared information and future use of the shared information.
(5) The Government of Canada institution must
(a) notify the Privacy Commissioner of any written arrangement into which the institution plans to enter; and
(b) give reasonable time to the Privacy Commissioner to make observations.
(6) A copy of any written arrangement entered into pursuant to subsection (3) must be provided to the Privacy Commissioner.'';
(b) in clause 6,
(i) on page 8, by replacing line 31 with the following:
"6. The portion of subsection 241(9) of'', and
(ii) on page 9,
(A) by replacing line 2 with the following:
"(b) designated taxpayer information, if there are reason-'', and
(B) by deleting lines 19 to 21;
(c) in clause 42, on page 49,
(i) by replacing lines 21 to 23 with the following:
"measures will be contrary to'', and
(ii) by replacing line 29 with the following:
"enforcement power or authorizes the Service to take measures that will contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms.'';
(d) in clause 50, on page 55, by replacing line 1with the following:
"50. (1) Paragraph 38(1)(a) of the Act is amended by striking out "and'' at the end of subparagraph (vi), by adding "and'' at the end of subparagraph (vii) and by adding the following after subparagraph (vii):
(viii) to review the use, retention and further disclosure of any information disclosed by the Service to a Government of Canada institution, as defined in section 2 of the Security of Canada Information Sharing Act, or to the government of a foreign state or an institution thereof or an international organization of states or an institution thereof;
(2) Section 38 of the Act is amended by'';
(e) on page 55, by adding after line 8 the following:
"50.1 Subsection 39(2) of the Act is amended by striking out "and'' at the end of paragraph (a), and by adding the following after paragraph (b):
(c) during any review referred to in paragraph 38(1)(a)(viii), to have access to any information under the control of the Government of Canada institution concerned that is relevant to the review; and
(d) during any review referred to in paragraph 38(1)(a)(viii), to have access to any information under the control of the government of a foreign state or an institution thereof or an international organization of states or an institution thereof that the government, international organization or institution consents, upon request by the Review Committee, to disclose any information that is relevant to the review.
50.2 The Act is amended by adding the following after section 39:
39.1 (1) If on reasonable grounds the Review Committee believes it necessary for the performance of any of its functions under this Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act, those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act or those of the Privacy Commissioner under the Privacy Act, the Review Committee may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Review Committee must notify the Director and give reasonable time for the Director to make submissions.
(3) In the event that the Director objects to the sharing of information under this section, the Review Committee may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Service's performance of its duties and functions under this Act.
(4) If the Review Committee dismisses the Director's objection, the Director may apply to a judge within 10 days for an order staying the information sharing.
(5) A judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue under this section would seriously injure the Service's performance of its duties and functions under this Act.
(6) At any time, the Review Committee may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Review Committee may request information it believes necessary for the performance of any of its duties and functions under this Act from the Commissioner of the Communications Security Establishment, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police or the Privacy Commissioner.'';
(f) on page 55, by adding after line 16 the following:
"51.1 The Act is amended by adding the following after section 55:
PART III.1
SECURITY OVERSIGHT COMMITTEE OF PARLIAMENT
55.1 (1) There is established a committee, to be known as the Security Oversight Committee of Parliament, which is to be composed of members of both Houses of Parliament who are not ministers of the Crown or parliamentary secretaries.
(2) Subject to subsection (3), the Committee is to be composed of eight members, of whom four must be members of the Senate and four must be members of the House of Commons, and it shall include at least one member of each of the parties recognized in the Senate and in the House of Commons.
(3) If either of the two Houses of Parliament has more than four recognized parties, the committee membership must increase to include at least one member of each of the parties recognized in the Senate and in the House of Commons and to maintain an equal number of members of the Senate and members of the House of Commons.
(4) Members of the Committee must be appointed by the Governor in Council and hold office during pleasure until the dissolution of Parliament following their appointment.
(5) A member of either House belonging to an opposition party recognized in that House may only be appointed as a member of the Committee after consultation with the leader of that party.
(6) A member of either House may only be appointed as a member of the Committee after approval of the appointment by resolution of that House.
(7) A member of the Committee ceases to be a member on appointment as a minister of the Crown or parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.
(8) Every member of the Committee and every person engaged by it must, before commencing the duties of office, take an oath of secrecy and must comply with the oath both during and after their term of appointment or employment.
(9) For purposes of the Security of Information Act, every member of the Committee and every person engaged by it is a person permanently bound to secrecy.
(10) Despite any other Act of Parliament, members of the Committee may not claim immunity based on parliamentary privilege for the use or communication of information that comes into their possession or knowledge in their capacity as members of the Committee.
(11) Meetings of the Committee must be held in camera whenever a majority of members present considers it necessary for the Committee to do so.
(12) The mandate of the Committee is to review the activities of the Service and the legislative, regulatory, policy and administrative framework under which the Service operates, and to report annually to each House of Parliament on the reviews conducted by the Committee.
(13) The Committee has the power to summon before it any witnesses, and to require them to
(a) give evidence orally or in writing, and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and
(b) produce such documents and things as the Committee deems requisite for the performance of its duties and functions.
(14) Despite any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (15), the Committee is entitled to have access to any information under the control of federal departments and agencies that relates to the performance of the duties and functions of the Committee and to receive from their employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions.
(15) No information described in subsection (14), other than a confidence of the Queen's Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.
(16) The annual report required under subsection (12) shall be submitted to the Speakers of the Senate and the House of Commons, and the Speakers shall lay it before their respective Houses on any of the next 15 days on which that House is sitting after the Speaker receives the report.
(17) In this section, "Committee'' means the Security Oversight Committee of Parliament established by subsection (1).
Related Amendments
National Defence Act
51.2 The National Defence Act is amended by adding the following after section 273.64:
273.641 (1) If on reasonable grounds the Commissioner believes it necessary for the performance of any of the Commissioner's functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act or those of the Privacy Commissioner under the Privacy Act, the Commissioner may convey any information that the Commissioner is empowered to obtain and possess under this Act to
(a) the Security Intelligence Review Committee;
(b) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Commissioner must notify the Chief and give reasonable time for the Chief to make submissions.
(3) In the event that the Chief objects to the sharing of information under this section, the Commissioner may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Establishment's performance of its duties and functions under this Act.
(4) If the Commissioner dismisses the Chief's objection, the Chief may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue in the application would seriously injure the Establishment's performance of its duties and functions under this Act.
(6) At any time, the Commissioner may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Commissioner may request information the Commissioner believes necessary for the performance of any of the Commissioner's functions under this Act from the Security Intelligence Review Committee, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police or the Privacy Commissioner.
Royal Canadian Mounted Police Act
51.3 The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:
45.471 (1) Despite any other provision in this Act, if on reasonable grounds the Commission believes it necessary for the performance of any of its functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act, or those of the Privacy Commissioner under the Privacy Act, the Commission may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Security Intelligence Review Committee; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Commission must notify the Commissioner and give reasonable time for the Commissioner to make submissions.
(3) In the event that the Commissioner objects to the sharing of information under this section, the Commission may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Force's performance of its duties and functions under this Act.
(4) If the Commission dismisses the Commissioner's objection, the Commissioner may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue in the application would seriously injure the Force's performance of its duties and functions under this Act.
(6) At any time, the Commission may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Commission may request information it believes necessary for the performance of any of its functions under this Act from the Commissioner of the Communications Security Establishment, the Security Intelligence Review Committee or the Privacy Commissioner.
Privacy Act
51.4 The Privacy Act is amended by adding the following after section 34:
34.1 (1) Despite any other provision in this Act, if on reasonable grounds the Commissioner believes it necessary for the performance of any of the Privacy Commissioner's functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act or those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act, the Privacy Commissioner may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Security Intelligence Review Committee; or
(c) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.
(2) Before conveying any information referred to in subsection (1), the Privacy Commissioner must notify the head of the government institution and give reasonable time for the head to make submissions.
(3) In the event that the head objects to the sharing of information under this section, the Privacy Commissioner may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the government institution's performance of its duties and functions.
(4) If the Privacy Commissioner dismisses the head's objection, the head may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information would seriously injure the government institution's performance of its duties and functions.
(6) At any time, the Privacy Commissioner may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Privacy Commissioner may request information it believes necessary for the performance of any of its functions under this Act from the Commissioner of the Communications Security Establishment, the Security Intelligence Review Committee or the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.'';
(g) in clause 57, on page 57, by deleting lines 4 to 33; and
(h) in clause 59, on page 57, by replacing line 43 with the following:
"85.4 (1) The''.
Ordered, That Order No. 1 under Other Business — Commons Public Bills — Third Reading be brought forward.
SPEAKER'S STATEMENT
Last Thursday Senator Bellemare raised a point of order as to whether Bill C-377 must be accompanied by a Royal Recommendation. I took the matter under advisement, not because I felt there had been sufficient argument on the point of order, which is an important and complicated one, but because no other honourable senators rose to speak.
Under rule 2-5(1), it is the Speaker who decides when there has been sufficient argument on a point of order or question of privilege. In this case our understanding of the issue would be helped by resuming consideration of the point of order. I am aware that there are a number of senators who would like to speak to this matter. I therefore wish to inform honourable colleagues that I will hear further argument when this item is next called for consideration.
To be clear, we will at that time only be considering Senator Bellemare's point of order as to whether Bill C-377 requires a Royal recommendation. The Senate will not be debating third reading of the bill at that time.
GOVERNMENT BUSINESS
Bills — Third Reading
The Senate resumed debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Boisvenu, for the third reading of Bill C-51, An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts;
And on the motion in amendment of the Honourable Senator Mitchell, seconded by the Honourable Senator Lovelace Nicholas, that the bill be not now read a third time, but that it be amended
(a) in clause 2, on page 5:
(i) by adding after line 15 the following:
"(1.1) Each Government of Canada institution that discloses information under subsection (1) must do so in accordance with clearly established policies respecting screening for relevance, reliability and accuracy of the information.'', and
(ii) by adding after line 18 the following:
"(3) Prior to disclosing information under this section, the Government of Canada institution must enter into a written arrangement with the recipient Government of Canada institution specifying principles governing information sharing between the Government of Canada institutions.
(4) The written arrangement entered into pursuant to subsection (3) must be consistent with the principles enumerated in section 4, and include provisions respecting the circumstances under which shared information is retained and destroyed, the confirmation of the reliability of the shared information and future use of the shared information.
(5) The Government of Canada institution must
(a) notify the Privacy Commissioner of any written arrangement into which the institution plans to enter; and
(b) give reasonable time to the Privacy Commissioner to make observations.
(6) A copy of any written arrangement entered into pursuant to subsection (3) must be provided to the Privacy Commissioner.'';
(b) in clause 6,
(i) on page 8, by replacing line 31 with the following:
"6. The portion of subsection 241(9) of'', and
(ii) on page 9,
(A) by replacing line 2 with the following:
"(b) designated taxpayer information, if there are reason-'', and
(B) by deleting lines 19 to 21;
(c) in clause 42, on page 49,
(i) by replacing lines 21 to 23 with the following:
"measures will be contrary to'', and
(ii) by replacing line 29 with the following:
"enforcement power or authorizes the Service to take measures that will contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms.'';
(d) in clause 50, on page 55, by replacing line 1with the following:
"50. (1) Paragraph 38(1)(a) of the Act is amended by striking out "and'' at the end of subparagraph (vi), by adding "and'' at the end of subparagraph (vii) and by adding the following after subparagraph (vii):
(viii) to review the use, retention and further disclosure of any information disclosed by the Service to a Government of Canada institution, as defined in section 2 of the Security of Canada Information Sharing Act, or to the government of a foreign state or an institution thereof or an international organization of states or an institution thereof;
(2) Section 38 of the Act is amended by'';
(e) on page 55, by adding after line 8 the following:
"50.1 Subsection 39(2) of the Act is amended by striking out "and'' at the end of paragraph (a), and by adding the following after paragraph (b):
(c) during any review referred to in paragraph 38(1)(a)(viii), to have access to any information under the control of the Government of Canada institution concerned that is relevant to the review; and
(d) during any review referred to in paragraph 38(1)(a)(viii), to have access to any information under the control of the government of a foreign state or an institution thereof or an international organization of states or an institution thereof that the government, international organization or institution consents, upon request by the Review Committee, to disclose any information that is relevant to the review.
50.2 The Act is amended by adding the following after section 39:
39.1 (1) If on reasonable grounds the Review Committee believes it necessary for the performance of any of its functions under this Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act, those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act or those of the Privacy Commissioner under the Privacy Act, the Review Committee may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Review Committee must notify the Director and give reasonable time for the Director to make submissions.
(3) In the event that the Director objects to the sharing of information under this section, the Review Committee may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Service's performance of its duties and functions under this Act.
(4) If the Review Committee dismisses the Director's objection, the Director may apply to a judge within 10 days for an order staying the information sharing.
(5) A judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue under this section would seriously injure the Service's performance of its duties and functions under this Act.
(6) At any time, the Review Committee may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Review Committee may request information it believes necessary for the performance of any of its duties and functions under this Act from the Commissioner of the Communications Security Establishment, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police or the Privacy Commissioner.'';
(f) on page 55, by adding after line 16 the following:
"51.1 The Act is amended by adding the following after section 55:
PART III.1
SECURITY OVERSIGHT COMMITTEE OF PARLIAMENT
55.1 (1) There is established a committee, to be known as the Security Oversight Committee of Parliament, which is to be composed of members of both Houses of Parliament who are not ministers of the Crown or parliamentary secretaries.
(2) Subject to subsection (3), the Committee is to be composed of eight members, of whom four must be members of the Senate and four must be members of the House of Commons, and it shall include at least one member of each of the parties recognized in the Senate and in the House of Commons.
(3) If either of the two Houses of Parliament has more than four recognized parties, the committee membership must increase to include at least one member of each of the parties recognized in the Senate and in the House of Commons and to maintain an equal number of members of the Senate and members of the House of Commons.
(4) Members of the Committee must be appointed by the Governor in Council and hold office during pleasure until the dissolution of Parliament following their appointment.
(5) A member of either House belonging to an opposition party recognized in that House may only be appointed as a member of the Committee after consultation with the leader of that party.
(6) A member of either House may only be appointed as a member of the Committee after approval of the appointment by resolution of that House.
(7) A member of the Committee ceases to be a member on appointment as a minister of the Crown or parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.
(8) Every member of the Committee and every person engaged by it must, before commencing the duties of office, take an oath of secrecy and must comply with the oath both during and after their term of appointment or employment.
(9) For purposes of the Security of Information Act, every member of the Committee and every person engaged by it is a person permanently bound to secrecy.
(10) Despite any other Act of Parliament, members of the Committee may not claim immunity based on parliamentary privilege for the use or communication of information that comes into their possession or knowledge in their capacity as members of the Committee.
(11) Meetings of the Committee must be held in camera whenever a majority of members present considers it necessary for the Committee to do so.
(12) The mandate of the Committee is to review the activities of the Service and the legislative, regulatory, policy and administrative framework under which the Service operates, and to report annually to each House of Parliament on the reviews conducted by the Committee.
(13) The Committee has the power to summon before it any witnesses, and to require them to
(a) give evidence orally or in writing, and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and
(b) produce such documents and things as the Committee deems requisite for the performance of its duties and functions.
(14) Despite any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (15), the Committee is entitled to have access to any information under the control of federal departments and agencies that relates to the performance of the duties and functions of the Committee and to receive from their employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions.
(15) No information described in subsection (14), other than a confidence of the Queen's Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.
(16) The annual report required under subsection (12) shall be submitted to the Speakers of the Senate and the House of Commons, and the Speakers shall lay it before their respective Houses on any of the next 15 days on which that House is sitting after the Speaker receives the report.
(17) In this section, "Committee'' means the Security Oversight Committee of Parliament established by subsection (1).
Related Amendments
National Defence Act
51.2 The National Defence Act is amended by adding the following after section 273.64:
273.641 (1) If on reasonable grounds the Commissioner believes it necessary for the performance of any of the Commissioner's functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act or those of the Privacy Commissioner under the Privacy Act, the Commissioner may convey any information that the Commissioner is empowered to obtain and possess under this Act to
(a) the Security Intelligence Review Committee;
(b) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Commissioner must notify the Chief and give reasonable time for the Chief to make submissions.
(3) In the event that the Chief objects to the sharing of information under this section, the Commissioner may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Establishment's performance of its duties and functions under this Act.
(4) If the Commissioner dismisses the Chief's objection, the Chief may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue in the application would seriously injure the Establishment's performance of its duties and functions under this Act.
(6) At any time, the Commissioner may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Commissioner may request information the Commissioner believes necessary for the performance of any of the Commissioner's functions under this Act from the Security Intelligence Review Committee, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police or the Privacy Commissioner.
Royal Canadian Mounted Police Act
51.3 The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:
45.471 (1) Despite any other provision in this Act, if on reasonable grounds the Commission believes it necessary for the performance of any of its functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act, or those of the Privacy Commissioner under the Privacy Act, the Commission may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Security Intelligence Review Committee; or
(c) the Privacy Commissioner.
(2) Before conveying any information referred to in subsection (1), the Commission must notify the Commissioner and give reasonable time for the Commissioner to make submissions.
(3) In the event that the Commissioner objects to the sharing of information under this section, the Commission may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the Force's performance of its duties and functions under this Act.
(4) If the Commission dismisses the Commissioner's objection, the Commissioner may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information at issue in the application would seriously injure the Force's performance of its duties and functions under this Act.
(6) At any time, the Commission may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Commission may request information it believes necessary for the performance of any of its functions under this Act from the Commissioner of the Communications Security Establishment, the Security Intelligence Review Committee or the Privacy Commissioner.
Privacy Act
51.4 The Privacy Act is amended by adding the following after section 34:
34.1 (1) Despite any other provision in this Act, if on reasonable grounds the Commissioner believes it necessary for the performance of any of the Privacy Commissioner's functions under this Act, those of the Security Intelligence Review Committee under the Canadian Security Intelligence Service Act, those of the Commissioner of the Communications Security Establishment under the National Defence Act or those of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act, the Privacy Commissioner may convey any information that it itself is empowered to obtain and possess under this Act to
(a) the Commissioner of the Communications Security Establishment;
(b) the Security Intelligence Review Committee; or
(c) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.
(2) Before conveying any information referred to in subsection (1), the Privacy Commissioner must notify the head of the government institution and give reasonable time for the head to make submissions.
(3) In the event that the head objects to the sharing of information under this section, the Privacy Commissioner may decline to share the information if persuaded on reasonable grounds that the sharing of the information would seriously injure the government institution's performance of its duties and functions.
(4) If the Privacy Commissioner dismisses the head's objection, the head may apply within 10 days to a judge designated under section 2 of the Canadian Security Intelligence Service Act for an order staying the information sharing.
(5) The judge may issue the stay order referred to in subsection (4) if persuaded on reasonable grounds that the sharing of the information would seriously injure the government institution's performance of its duties and functions.
(6) At any time, the Privacy Commissioner may apply to a judge for a lifting of any stay issued under subsection (5) on the basis of changed circumstances.
(7) For greater certainty, the Privacy Commissioner may request information it believes necessary for the performance of any of its functions under this Act from the Commissioner of the Communications Security Establishment, the Security Intelligence Review Committee or the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.'';
(g) in clause 57, on page 57, by deleting lines 4 to 33; and
(h) in clause 59, on page 57, by replacing line 43 with the following:
"85.4 (1) The''.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 2 was called and postponed until the next sitting.
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 3 were called and postponed until the next sitting.
Inquiries
Order No. 2 was called and postponed until the next sitting.
Other
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Commons Public Bills — Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 5 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Patterson, for the second reading of Bill S-225, An Act to amend the Criminal Code (physician-assisted death).
After debate,
The Honourable Senator Martin, for the Honourable Senator Doyle, moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills — Second Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees — Other
Consideration of the fifth report of the Committee of Selection (Nomination of a Speaker pro tempore), presented in the Senate on May 28, 2015.
The Honourable Senator Marshall moved, seconded by the Honourable Senator Poirier, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Order No. 2 was called and postponed until the next sitting.
Motions
Orders No. 62, 60, 113, 47, 79, 73 and 8 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Downe, seconded by the Honourable Senator Chaput:
That the Senate call upon the Members of the House of Commons of the Parliament of Canada to join the Senate in its efforts to increase transparency by acknowledging the longstanding request of current and former Auditors General of Canada to examine the accounts of both Houses of Parliament, and thereby inviting the Auditor General of Canada to conduct a comprehensive audit of House of Commons expenses, including Members' expenses, and
That the audits of the House of Commons and the Senate be conducted concurrently, and the results for both Chambers of Parliament be published at the same time.
After debate,
The Honourable Senator Greene moved, seconded by the Honourable Senator Seidman, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 9, 66 and 56 were called and postponed until the next sitting.
Inquiries
Orders No. 47, 41, 44, 42, 43, 45, 34, 17, 13, 19 and 21 were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Cools called the attention of the Senate to the terms, conditions and tenure of office of the Auditor General of Canada, pursuant to the Auditor General Act, sections 3.(1) and 3.(1.1), that say:
3. (1) The Governor in Council shall, by commission under the Great Seal, appoint an Auditor General of Canada after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.
(1.1) The Auditor General holds office during good behaviour for a term of 10 years but may be removed for cause by the Governor in Council on address of the Senate and House of Commons.
and, to his tenure in office, and the unique independence granted to this officer as "the auditor of the accounts of Canada,'' to permit him to verify and certify that government spending is in accord with the appropriation acts, as dictated and adopted by the Commons House; and, to his constitutional duty to support the Public Accounts Committee and the Commons House in their pre-eminence in the national finance and their power in the control of the public purse..
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Chaput, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Cools called the attention of the Senate to:
(a) the Auditor General of Canada, the statutory officer, that parliament did not, and never intended to give a power to audit it's houses, the Senate and the House of Commons; and, to the predecessor auditor general who, until 1878, was united and merged in the office of the deputy minister of finance; and, to this parliament's An Act to provide for the better Auditing of the Public Accounts, which statute was adopted here in 1878, to completely divide these two offices and functions, and to absolutely separate the auditor general from the finance department and the government, so as to extract him from all government business forever, all of which were for the purpose of constituting the Auditor General of Canada as an wholly independent officer, freed from, and free of, the control, influence, and politics, of the government of the day; and
(b) to the sad and unfortunate fact, which the government does not seem to note, that the unique independence granted to this officer, the Auditor General of Canada as the auditor of the public accounts, wholly forbids his obedience to the government's wishes in any way, particularly its motions which, when adopted, become house orders, that subject him to the contempt powers of the houses; and, to the auditor general's audit of the Senate, the upper house, which is a hurtful and menacing compromise of this officer's independence, caused by the fact that this overly-publicized Senate audit was not born of senators, but was born of the Senate Government Leader's government business, at the instance of that government leader's government measure, moved here by that government minister, and hastily adopted last June, with little debate, in a government whipped vote; and, to the fact that senators learned of the government's intention, and the auditor general's agreement to audit senators from that day's media reports; and, to the terrible fact that senators were the last to hear of this unilateral development.
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Lovelace Nicholas, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Summaries of the Corporate Plan for 2015-2016 to 2019-2020 and of the Operating and Capital Budgets for 2015- 2016 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-1221.
Summaries of the Corporate Plan and the Operating and Capital Budget for 2015-2016 to 2019-2020 of the Business Development Bank of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-1222.
Report of Operations under the International River Improvements Act for the year 2014, pursuant to the Act, R.S.C. 1985, c. I-20, s. 51.—Sessional Paper No. 2/41-1223.
Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 2/41-1224.
Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 2/41-1225.
Summaries of the Corporate Plan for 2015-2016 to 2019-2020 and of the Capital and Operating Budgets for 2015- 2016 of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-1226.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Poirier:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:12 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Beyak replaced the Honourable Senator Stewart Olsen (June 2, 2015).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Beyak (June 1, 2015).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Munson (June 1, 2015).
Standing Senate Committee on National Security and Defence
The Honourable Senator Day replaced the Honourable Senator Moore (May 28, 2015).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Housakos replaced the Honourable Senator Seidman (June 2, 2015).
The Honourable Senator Fraser replaced the Honourable Senator Joyal, P.C. (June 1, 2015).
The Honourable Senator Seidman replaced the Honourable Senator Housakos (June 1, 2015).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Raine replaced the Honourable Senator Lang (June 1, 2015).
The Honourable Senator Enverga replaced the Honourable Senator Ngo (June 1, 2015).
The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Campbell (May 29, 2015).