Evidence of meeting #21 for Bill C-2 (39th Parliament, 1st Session) in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

On the agenda

MPs speaking

Also speaking

Patrick Hill  Acting Assistant Secretary, Machinery of Government, Privy Council Office
Joe Wild  Senior Counsel, Legal Services, Treasury Board Portfolio, Department of Justice
James Stringham  Legal Counsel, Office of the Counsel to the Clerk of the Privy Council, Privy Council Office
Susan Baldwin  Procedural Clerk
Melanie Mortenson  Legal Services, Office of the Law Clerk and Parliamentary Counsel
Warren Newman  General Counsel, Constitutional and Administrative Law, Department of Justice
Marc Chénier  Counsel, Democratic Renewal Secretariat, Privy Council Office

8 a.m.

Conservative

The Chair Conservative David Tilson

Good morning, ladies and gentlemen.

This is the Legislative Committee on Bill C-2, meeting 21. The orders of the day, pursuant to the order of reference of Thursday, April 27, 2006, Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability.

When we left off yesterday, we had completed page 27. So we're now on page 27.1, which is a Liberal amendment that's the same as the New Democratic Party's amendment on page 27.2.

We will start with Ms. Jennings, if you could move the motion.

8 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

I move the motion.

I simply want to explain that this adds a new proposed subsection, which is proposed subsection (8.1), that provides the commissioner with the discretionary authority to refer to the Speaker, whichever Speaker is involved, in a case where the commissioner believes or thinks that a parliamentarian may have violated proposed subsection (8), which is the proposed confidentiality subsection.

This amendment flows directly from Mr. Walsh's recommendations.

8 a.m.

Conservative

The Chair Conservative David Tilson

Discussion? All those in favour?

I'm sorry, I jumped the gun.

Mr. Poilievre.

8 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

I'm wondering if the panel of legal experts would have anything to add on this.

8:05 a.m.

Patrick Hill Acting Assistant Secretary, Machinery of Government, Privy Council Office

The only point I would make is that under the members' own code, the commissioner's function, upon making a finding or report, is to report that matter to the House of Commons itself. In other words, under the House regime, there is no provision for referring any matter to the Speaker of the House. So I would state that it's not apparent to me—presumably it would be a matter for the Speaker to determine—what he would do with the information once it's referred, as set out in the amendment.

8:05 a.m.

Conservative

The Chair Conservative David Tilson

Ms. Jennings.

8:05 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

This may have been an oversight in the existing code, because normally in order to table something in the House, you have to do it through the Speaker. So this is simply correcting an error that already existed.

(Amendment agreed to [See Minutes of Proceedings])

8:05 a.m.

Conservative

The Chair Conservative David Tilson

We move to the Bloc, which is—

8:05 a.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Mr. Chairman, when a motion or an amendment becomes moot, please tell us.

8:05 a.m.

Conservative

The Chair Conservative David Tilson

Sorry, I didn't hear that. You'll have to—

8:05 a.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

When a motion...

8:05 a.m.

Conservative

The Chair Conservative David Tilson

You have to let me finish. When I start a sentence, I have to finish the sentence, then you can interject. It may be because I'm a slow talker, I don't know.

We're now on page 28, which is a Bloc amendment that is identical to the government's amendment on page 29.

Madame Guay, could you please make the motion?

A point of order, Mr. Poilievre.

8:05 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

I'm sorry, I must have missed something here. We have NDP-1.2. Is it the same as the previous?

8:05 a.m.

Conservative

The Chair Conservative David Tilson

It is.

8:05 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Okay, thank you.

8:05 a.m.

Conservative

The Chair Conservative David Tilson

Mr. Martin, are you okay with that? We skipped it because it was identical.

I want the motion to be made.

You have a point of order? Okay, Ms. Jennings.

8:05 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

The point of order is that even from your instructions, when an amendment has been proposed, and a subsequent amendment is proposed that is either identical or would automatically be deleted or rejected because the first amendment is adopted, we would like you to clearly state that for the transcripts.

So for instance, we just adopted a Liberal motion for an amendment. There was a subsequent NDP amendment that was identical. Madame Guay is simply requesting that before you move on to another amendment, you clearly state for the record that the NDP amendment falls because of the adoption of the previous one. That's all.

8:05 a.m.

Conservative

The Chair Conservative David Tilson

Madame Guay.

8:05 a.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Thank you, Mr. Chairman.

8:05 a.m.

Conservative

The Chair Conservative David Tilson

I'll do my best. I did explain at the outset, but I'll try to do it at both occasions, if that's what you wish. That's fine.

8:05 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Thank you.

8:05 a.m.

Conservative

The Chair Conservative David Tilson

Whatever the committee wishes I will do.

Mr. Sauvageau.

8:05 a.m.

Bloc

Benoît Sauvageau Bloc Repentigny, QC

As the government suggests in its amendment on page 9, this is a correction to the English and French texts.

8:05 a.m.

Conservative

The Chair Conservative David Tilson

All those in favour?

(Amendment agreed to [See Minutes of Proceedings])

8:05 a.m.

Conservative

The Chair Conservative David Tilson

Page 29, which is the government amendment G-17, is identical to the Bloc amendment BQ-5.

So we now move to page 30, which is a government motion.

Mr. Poilievre.