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Roman Catholic Episcopal Corporation of Ottawa—Roman Catholic Episcopal Corporation for the Diocese of Alexandria-Cornwall

Private Bill to Replace an Act of Incorporation--Third Reading--Debate Adjourned

December 12, 2023


Hon. Bernadette Clement [ - ]

Moved third reading of Bill S-1001, An Act to amalgamate The Roman Catholic Episcopal Corporation of Ottawa and The Roman Catholic Episcopal Corporation for the Diocese of Alexandria-Cornwall, in Ontario, Canada, as amended.

She said: Honourable colleagues, and now for something completely different.

I rise today to give you an update on Bill S-1001, and to urge you to pass this bill before we rise for the Christmas break.

You last heard me speak about this bill all the way back in May. I told you about the history of the Archdiocese of Ottawa and the Diocese of Alexandria-Cornwall. You heard about consultations, reconciliation and canonical amalgamation.

Today, I’ll speak about the importance of clause 4, about committee study and amendments and about next steps.

Bill S-1001 is An Act to amalgamate The Roman Catholic Episcopal Corporation of Ottawa and The Roman Catholic Episcopal Corporation for the Diocese of Alexandria-Cornwall, in Ontario, Canada. Simply put, the bill amalgamates a provincially incorporated diocese and a federally incorporated archdiocese.

While the Pope has already canonically amalgamated the two regions, a private bill is necessary to complete the process in Canadian law. We’re in the final step of a process that has lasted nearly a decade and included extensive consultations with affected communities in Eastern Ontario — consultations that I participated in as a parishioner and city councillor without knowing that one day I would be shepherding the bill through the Senate.

After my second reading speech, Senator Dupuis asked whether it’s possible to guarantee that requirements to comply with provincial legislation are being met. I’d like to give you a bit more context around that.

Honourable colleagues, you know I’ve done my best to keep my interventions on this topic light and interesting — and sometimes even funny. However, we’re about to wade into a bit of legalese, so please brace yourselves. You know what? I’m going to do it in French, because I have a right to.

Clause 10 of Bill S-1001 deals with articles of continuance. Once the bill is passed, the Diocese of Alexandria-Cornwall will be deemed to have obtained an article of continuance, which means it consents to now being under federal jurisdiction.

Archdiocesan officials will also have to apply to the Government of Ontario’s Ministry of Government and Consumer Services. This will take the Diocese of Alexandria-Cornwall out of Ontario’s jurisdiction. This filing will take place once the bill is a little closer to receiving Royal Assent.

The application for transfer to another jurisdiction will require the applicant to confirm that it is not in default of its filings under the Corporations Information Act and that the property, liabilities and legal claims of and against the corporation will not be affected by the transfer to another jurisdiction. The Roman Catholic Episcopal Corporation for the Diocese of Alexandria‑Cornwall in Ontario, Canada, can indeed confirm that it is current in its filings with the law and that the property, liabilities and legal claims of and against the corporation will not be affected by the transfer to federal jurisdiction.

That brings us to one of the most important parts of Bill S-1001: It ensures that claims against either corporation may continue.

Clause 4(b) states, “the Corporation becomes liable for the obligations of each of the amalgamating corporations.”

Clause 4(f) states, “the claims, rights and privileges of the amalgamating corporations become the claims, rights and privileges of the Corporation . . . .”

Colleagues, clause 4 protects the rights of any individual or entity that may bring a claim or action against the corporation. The amalgamation should not hinder or limit their right to do so.

During our study at the Standing Committee on Banking, Commerce and the Economy, we heard from two witnesses representing the corporation: Richard Pommainville, Chief Administrative Officer of the Archdiocese of Ottawa-Cornwall, and Ryan Kilger, Partner at Vincent Dagenais Gibson LLP. I’m grateful to Senator Miville-Dechêne for her questions about the impact of this amalgamation on any future claims by people who have experienced abuse by the Catholic Church.

Mr. Kilger explained:

We had multiple options presented to the archdiocese, and they chose this one specifically for that purpose, to ensure that any debts — and any bequests as well, any positive liabilities — are followed to the new corporation. More importantly, they wanted to be upfront with the residents of the diocese, as well as any potential claimants, and say that they’re not trying to hide anything. It’s there. Any potential claim is still available to anybody moving on into the future.

Senator Miville-Dechêne also asked about consultations and why there wasn’t a specific consultation held for Indigenous members of the parish, specifically in Akwesasne. Mr. Pommainville explained that the one parish in the region that specifically serves Indigenous people, the St. Regis Mission Catholic Church, is on the Quebec side of Akwesasne’s territory. He spoke about the activities the Catholic Church is doing to contribute to the work of reconciliation, and I’m sure we are all eager to see that work continue.

Senator Marshall asked about opposition to this bill. The committee heard that there has been none. I can confirm that among the hundreds of emails my office gets every day, not one has been in opposition to Bill S-1001 — not a single phone call.

Senator Cardozo inquired about whether this is a common occurrence. Is it common for a diocese to be incorporated at the federal level with its own act? Why not use the Canada Corporations Act instead? There have been many special acts of Parliament like this one, and specific acts like the one we are considering here are tailored to the activities of this particular organization. We heard about the history behind acts like these and the stability they provide.

I’m grateful for the conversations we had at the Banking Committee. We passed technical amendments that corrected the name of the archdiocese — we removed “for the diocese” so that the name reads “Roman Catholic Episcopal Corporation of Ottawa-Cornwall.” We’re now at the final step. Consultations, committee study and amendments are done.

Let me say a final word about private bills before we move on to public matters. I’ll be honest here. It has been quite awkward for me, advocating for my bill among other bills of the Independent Senators Group and advocating for a private bill among public bills. Senate public bills and Senate private bills are different entities. Public bills set public policy — in theory, policy that could or will impact every single Canadian. Private bills confer powers or exemptions to individuals or corporations. They do not set public policy. They are limited in scope and quite rare.

We passed one private bill in each of the years 2021, 2019, 2016, 2014, 2012 and 2007 — one per year. The year 2011 was exceptional with two private bills. These private bills dealt with insurance companies, Girl Guides, Scouts, the Lutheran church and the United Church. These groups are relying on us to move their requests through the Senate as part of a process that respects the unique nature of these bills.

Honourable colleagues, I’m grateful to Senator Martin for her respectful work as critic, to Senator Dean for his supportive speech this spring and to Senator Wallin for her leadership and for quickly getting it through the Banking Committee. I’m grateful to my colleagues at scroll, who often heard me raise this question of Bill S-1001.

Colleagues, I’m a parishioner of this archdiocese, and I’m a member of this community. I’ve been tasked with helping these corporations complete the process they started many years ago. I’m hoping to report back very soon that we’ve done just that.

Thank you, nia:wen.

I have a quick question, senator. Thank you very much for that very quick synopsis. I just found it an interesting quirk of history, given the long history of rivalry between the Church of England and the Roman Catholic Church, that His Holiness Pope Francis had indeed created this new corporation, but it won’t go into effect until His Majesty’s government gives approval to it. I wonder if you have any thoughts on that. It’s a rhetorical point.

Senator Clement [ - ]

Thank you, Senator Cardozo, for that question/comment. That is an interesting piece.

The only thing I would say about this amalgamation is that the most significant part is that it’s between a large entity and a smaller one. I live in the smaller one. We were concerned in the smaller one about being lost in this larger diocese. I can say that in these years since the amalgamation in practice, it has gone relatively well. The people in Cornwall-Alexandria and area feel properly heard and respected. I would say that is the most important piece, but thank you for your comment.

Hon. Yonah Martin (Deputy Leader of the Opposition) [ - ]

First of all, I wanted to thank Senator Clement for your leadership on this important bill. I know we heard some good testimony at committee. I just wanted to assure you that, as critic, I am working on my speech for the bill, so with that, I would like to take the adjournment for the balance of my time.

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