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

8:50 a.m.

Legal Counsel, Office of the Counsel to the Clerk of the Privy Council, Privy Council Office

James Stringham

Yes, Mr. Chairman, I would, if I may.

These amendments address sections 86 and 87 as proposed in the Parliament of Canada Act. Proposed sections 86 and 87 are patterned exactly on existing provisions in the Parliament of Canada Act with respect to the role of the Senate Ethics Officer and the role of the Ethics Commissioner. You can find those in sections 20.5 of the Parliament of Canada Act and sections 72.05 of the Parliament of Canada Act. Proposed sections 86, 87 and 88 set out, in essence, three discrete roles for the Conflict of Interest and Ethics Commissioner. Proposed section 86 speaks to his or her role with respect to the Senate. Proposed section 87 deals with his or her role with respect to the House. Proposed section 88 deals with his or her role with respect to administering the Conflict of Interest Act.

The provisions that would be amended, proposed subsections (4) and (5) of both proposed sections 86 and 87, are there for greater certainty. In changing and adding language, it may be that inadvertently you might be suggesting something that you didn't intend. For example, let me take proposed subsections (5) of both proposed sections 86 and 87, which both say “For greater certainty”--just in case anybody has any questions--this scheme that we set out in proposed section 86, for example, is meant to be a self-contained unit and is not meant to affect the privileges of the Senate. By adding the words “except with respect to ministers”, the interpreter would be forced to grapple with the question of whether then he intends, for greater certainty, to tell me that in fact section 86 does affect privileges with respect to ministers.

Is that what you intend? Likewise, with respect to proposed section 87, the proposed amendment with respect to proposed subsection (5) would perhaps drive the interpreter to the conclusion that you're intending to suggest there is some effect with respect to their privileges.

8:50 a.m.

Conservative

The Chair Conservative David Tilson

Mr. Poilievre, I'm sorry to delay things.

8:50 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

I pass.

8:50 a.m.

Conservative

The Chair Conservative David Tilson

Mr. Owen, proposed paragraph (b) in L-1 is in conflict with BQ-9.

8:50 a.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

I would suggest, then, simply deleting (b) from L-1 to remove the conflict.

8:55 a.m.

Conservative

The Chair Conservative David Tilson

Okay, we need to turn to the Liberal Party again. We need to resolve L-1.3 and L-1.4.

Ms. Jennings.

8:55 a.m.

Liberal

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

I would ask the indulgence of the members of the committee. Perhaps if you could suspend for five minutes to provide an opportunity for Mr. Owen and me to actually look at it and decide which.... Will I remove my amendments to facilitate the proceeding of the work of this committee? Or will he delete...?

Perhaps you would give us that indulgence.

8:55 a.m.

Conservative

The Chair Conservative David Tilson

I'm going to do that, because we'll probably chat for five minutes.

8:55 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

On a point of order, Chair, as I understand it, if we as a committee vote in favour of BQ-9, the others fall off.

8:55 a.m.

Conservative

The Chair Conservative David Tilson

No.

Yes, go ahead.

8:55 a.m.

Procedural Clerk

Susan Baldwin

The major problem is with L-1. Mr. Owen has removed the problem with the line conflict between BQ-9 and L-1. So that conflict is now gone. We could vote on L-1, BQ-8, and BQ-9 with no trouble.

There remains, however, a line conflict between the two amendments of Ms. Jennings and the one of Mr. Owen. L-1 is still in conflict with L-1.3 and L-1.4. So the request by Ms. Jennings was to have the two of them discuss it for a bit.

8:55 a.m.

Conservative

The Chair Conservative David Tilson

I'm going to recess for five minutes.

9:05 a.m.

Conservative

The Chair Conservative David Tilson

We'll reconvene.

Ms. Jennings.

9:05 a.m.

Liberal

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

I'm sure all members of this committee will be pleased to know that per the discussion I had with my colleague, the Honourable Stephen Owen, I will be withdrawing my amendments L-1.3, and L-1.4.

9:05 a.m.

Conservative

The Chair Conservative David Tilson

I feel better every time you speak, Ms. Jennings.

9:05 a.m.

Liberal

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

Do you want me to continue speaking?

9:05 a.m.

Conservative

The Chair Conservative David Tilson

Well, no. I don't want to get on a high here.

Mr. Owen.

9:05 a.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Thank you.

Thank you, to my colleague.

I would like to withdraw paragraph (b) in L-1, because that will be handled by BQ-9.

And with that, at this point I'd like to make the observation that on page 43, clause 26 would consequentially need to be deleted. Whether we can do that now or when we go through the clauses....

9:05 a.m.

Conservative

The Chair Conservative David Tilson

Sure, why not?

Excuse me. Ms. Baldwin

9:05 a.m.

Procedural Clerk

Susan Baldwin

If the amendment L-1 is adopted, it would be a consequential matter that clause 26 would also be negatived in the bill. The two are one scheme and must be voted on together.

9:05 a.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Excuse me, I didn't use the proper word “negatived”, because I still don't believe it's a word.

9:05 a.m.

Procedural Clerk

Susan Baldwin

It is a very ugly word.

9:05 a.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

I move L-1, with that amendment and that consequential negativation.

9:05 a.m.

Conservative

The Chair Conservative David Tilson

Okay. The chair is going to try to explain what we're going to do next.

Mr. Martin, a point of order?

9:05 a.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I didn't realize that you could modify your own amendment. Is that a rule of our orders? That would create a subamendment, so you're creating subamendments to your own amendment.