Bill C-2 (39th Parliament, 1st Session) Committee on June 13th, 2006

[The Chair, Conservative, David Tilson]

Where are they? We need to know what those other amendments are, Mr. Martin.

[Pat Martin, NDP, Winnipeg Centre, MB]

Actually, Mr. Chairman, I'm afraid I've misread this.

We have comprehensive amendments for the National Capital Commission. I've confused the two. This is the NAC.

We seek to delete this paragraph for our own reasons.

[The Chair, Conservative, David Tilson]

Then this one is not withdrawn. Are you proceeding with it, sir?

[Pat Martin, NDP, Winnipeg Centre, MB]

Yes, we are proceeding with amendment NDP-15.1.

[The Chair, Conservative, David Tilson]

Are you finished, sir?

Is there any further debate?

[Pat Martin, NDP, Winnipeg Centre, MB]

If you need further information, I can provide it.

[The Chair, Conservative, David Tilson]

Mr. Poilievre, on amendment NDP-15.1, sir.

[Pierre Poilievre, Conservative, Nepean—Carleton, ON]

As I understand it, this deals with a special exemption that was carved out for the NAC. The amendment proposed by the NDP, as I read it, would remove that exemption so that there would be no special exemption for the NAC. In the interest of greater transparency, our members will be supporting this amendment.

[The Chair, Conservative, David Tilson]

Mr. Martin, further discussion.

[Pat Martin, NDP, Winnipeg Centre, MB]

I'm sorry for the mix-up at the start of this motion. The fact is we don't believe the NAC needs or deserves this special exclusion given the nature of the enterprise and the operation. The current Access to Information Act has protection for commercially sensitive information. The Information Commissioner can rule certain information shall not be released based on that commercial sensitivity. We believe the National Arts Centre is adequately protected by the existing act, and therefore there's no need for this clause. So we seek to have it deleted.

[The Chair, Conservative, David Tilson]

You want to take it out. Okay.

All those in favour of NDP-15.1?

(Amendment agreed to on division)

[The Chair, Conservative, David Tilson]

We'll move to NDP-16 on page 130. Mr. Martin.

[Pat Martin, NDP, Winnipeg Centre, MB]

Mr. Chairman, I'll move NDP-16, found on page 130 of the workbook. It's an amendment to clause 150 on page 114. It replaces line 27 with the language "the advice or information as confidential and if the record came into existence less than twenty years before the request was made".

Page 114, line 27 deals with investment information from the Public Sector Pension Investment Board, which gives the exclusion to them as contemplated for the National Arts Centre and other places that have commercially sensitive information.

Could I have a one-minute recess, Mr. Chairman?

[The Chair, Conservative, David Tilson]

Okay. We'll suspend for a couple of minutes.

[The Chair, Conservative, David Tilson]

All right, we'll reconvene.

We're at NDP-16. Mr. Martin, go ahead, please.

[Pat Martin, NDP, Winnipeg Centre, MB]

I would like to withdraw NDP-16.

(Amendment withdrawn)

[The Chair, Conservative, David Tilson]

Then we will proceed to NDP-16.1, which is on page 130.1

Mr. Martin, go ahead, please.

[Pat Martin, NDP, Winnipeg Centre, MB]

Thank you, Mr. Chairman. I'd be happy to move NDP amendment 16.1 and then to speak to it briefly. This issue has been brought to our attention, Mr. Chair. We're seeking to change clause 150, I should explain for the record.

The head of the Canada Pension Plan Investment Board and senior staff came to the committee and made representation that it would put a chill on their opportunities to attract major investors if information could be accessed even after a 20-year cooling-off period.

[The Chair, Conservative, David Tilson]

Could I have some order? Mr. Martin is speaking.

Mr. Martin, continue, please.

[Pat Martin, NDP, Winnipeg Centre, MB]

Thank you.

We were sympathetic to the representations made by the chair of the Canada Pension Plan Investment Board that it may in fact be difficult for them in a very competitive investment market to attract the kinds of investors they're seeking if those investors had any fear that even 20 years down the road their private information might be disclosed through an access to information request. We are sympathetic to the fact that it's a very highly competitive market and any small thing may alter their choice to invest.

So having said that, what we're seeking to do is remove any reference to the 20-year cooling-off period or shelter period, so it would now read that:

20.3 The head of the Canada Pension Plan Investment Board shall refuse to disclose a record requested under this Act that contains advice or information relating to investment that the Board has obtained in confidence from a third party if the Board has consistently treated that advice or information as confidential.

In other words, they would be able to maintain the status quo that no one has access to that information, for good reasons and for the benefit of all of us, because this is the Canada Pension Plan Investment Board that we're dealing with, and we all have a vested interest in its ability to operate effectively.

[The Chair, Conservative, David Tilson]

Okay, we're going to vote on NDP-16.1.

(Amendment agreed to on division)

[The Chair, Conservative, David Tilson]

We're going to move to NDP-16.2, which is on page 130.3. Is that different? What is that? We'll let Mr. Martin tell us.

Mr. Martin, we're on NDP-16.2, page 130.3. It looks awfully familiar, but maybe it's not.

[Pat Martin, NDP, Winnipeg Centre, MB]

It does, doesn't it?

[The Chair, Conservative, David Tilson]

I don't want to influence you. It just looked familiar, but maybe it's not.

[Pat Martin, NDP, Winnipeg Centre, MB]

No, there's a substantial difference, and I would like to withdraw 16.2.