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

11:25 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

I understand Mr. Wild might have a suggestion on how all this can be accommodated.

Perhaps you could share it with the committee.

11:25 a.m.

Senior Counsel, Legal Services, Treasury Board Portfolio, Department of Justice

Joe Wild

It's more or less as the legislative clerk has set out.

If on L-2.2 that motion passes, what it would do to clause 38 is pretty dramatic. It would basically eliminate clause 38, which causes us several technical problems around the different items that are dealt with in clause 38.

Of course it's up to the committee, and I can't speak to what the committee will do, but obviously our preference would be to be given the opportunity to draft an appropriate amendment to ensure that everything works properly, so that the consideration of clause 38 would be, in essence, tabled until we could get that amendment drafted and the appropriate notice provided.

11:25 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Could I ask for unanimous consent that clause 38 be tabled until an appropriate amendment can be tabled?

11:25 a.m.

Conservative

The Chair Conservative David Tilson

Ms. Jennings.

11:25 a.m.

Liberal

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

My question is this. If we move forward with L-2.2, the government can still give a 24-hour notice to bring a further amendment that would deal with clause 38 and make the appropriate adjustments. Am I correct?

Are you guys in favour of L-2.2?

11:25 a.m.

Some hon. members

No.

11:25 a.m.

Liberal

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

So you don't want to move the whole issue of trust under the Canada Elections Act, as has been recommended both by the parliamentary counsel and the law clerk?

11:25 a.m.

Conservative

The Chair Conservative David Tilson

If you have any chatter...what are we doing here?

It seems to me, Ms. Jennings and Mr. Poilievre, that we need to agree to stand clause 38 down until the next meeting; otherwise we'll have a problem--well, we could have a problem.

Someone has to make a suggestion here. That's my suggestion, whether that's appropriate--

11:25 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

I have a motion on the floor.

11:30 a.m.

Conservative

The Chair Conservative David Tilson

I haven't heard it yet, but go ahead.

11:30 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

I move that we stand down clause 38 until such time as an appropriate amendment can be drafted to accommodate the changes necessary in Liberal amendment L-2.2.

11:30 a.m.

Conservative

The Chair Conservative David Tilson

If it carries, that means we'll have to delay voting on clause 2 and all those other clauses that we've been dealing with--and that's not a problem. We'll just proceed further with new clauses, but it means we can't proceed with clause 2 and the other clauses.

11:30 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Can we proceed beyond clause 2, then?

11:30 a.m.

Conservative

The Chair Conservative David Tilson

Yes, absolutely.

11:30 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Okay. As long as we can progress on the other clauses.

11:30 a.m.

Conservative

The Chair Conservative David Tilson

Just so I'm clear on your proposal, are you suggesting it be stood down until the next meeting? Will that be sufficient time? Is that what you're suggesting for the committee to decide?

11:30 a.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

I think we can get a draft within one day.

Just one second.

11:30 a.m.

Conservative

The Chair Conservative David Tilson

I'm sorry to interrupt you, but another alternative would be to deal with L-2.2 on page 48.3. If that fails, then you wouldn't need to do what you're doing.

We're back to you, Ms. Jennings, as I promised.

11:30 a.m.

Liberal

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

Yes, I move my amendment L-2.2.

11:30 a.m.

Conservative

The Chair Conservative David Tilson

Well, I want to be clear, we do have a motion on the floor.

(Motion withdrawn)

11:30 a.m.

Conservative

The Chair Conservative David Tilson

We're back to you again.

11:30 a.m.

Liberal

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

I would move my amendment L-2.2, which is found on pages 48.3, 48.4, and 48.5.

The objective of this amendment is to ensure that all of the dispositions or clauses of Bill C-2 that deal with potential or existing trusts that parliamentarians may hold or that may be held by others on behalf of a parliamentarian...rather than have it dealt with under the Conflict of Interest and Ethics Commissioner, it rightfully belongs under the Canada Elections Act. The political financing bill that was adopted by Parliament in 2004 under the previous administration had already begun to deal with that issue. Therefore, the Chief Electoral Officer of Canada is the proper person, etc.

This was also recommended by the parliamentary counsel and law clerk.

11:30 a.m.

Conservative

The Chair Conservative David Tilson

Mr. Moore.

11:30 a.m.

Conservative

Rob Moore Conservative Fundy Royal, NB

Well, I have a number of concerns with this provision, and I'd also like to get the opinion of our experts here. Maybe I'll ask their opinion first, and then--

11:30 a.m.

Senior Counsel, Legal Services, Treasury Board Portfolio, Department of Justice

Joe Wild

Mr. Chénier will speak to this.