Evidence of meeting #77 for Access to Information, Privacy and Ethics in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Olivier Champagne  Legislative Clerk, House of Commons
Ruth Naylor  Executive Director, Information and Privacy Policy Division, Chief Information Officer Branch, Treasury Board Secretariat

4:10 p.m.

Conservative

The Chair Conservative Bob Zimmer

Mr. Erskine-Smith, do you have a response?

4:10 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

No.

4:10 p.m.

Conservative

The Chair Conservative Bob Zimmer

Okay, we'll call the vote on NDP-29.

(Amendment negatived [See Minutes of Proceedings])

(Clause 21 agreed to)

(Clauses 22 and 23 agreed to)

(On clause 24)

Once again, amendment NDP-30 is identical to PV-14, and PV-14 cannot be moved after a vote on amendment NDP-30.

We'll start off with Mr. Cullen and then Ms. May.

4:10 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

I may have a bit of a misunderstanding that might take a moment. Could we suspend this piece, Chair?

My understanding was that if amendment PV-8 failed, which I believe it did, that this was paired with it. While maybe not being identical, it wasn't my expectation, as amendment PV-8 had failed...unless the clerk will correct me that it didn't—

4:10 p.m.

Conservative

The Chair Conservative Bob Zimmer

I will check with the clerk now.

We don't see that conflict, Mr. Cullen, so with advice from the legislative clerk—

4:10 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

My understanding, in checking with Krystal, is that the two pieces hung together. I'm not sure, without a bit more of a review of the one amendment without the other, that it would even be sensible to move this one.

I don't know about the procedure, but I would like to—

4:15 p.m.

Conservative

The Chair Conservative Bob Zimmer

Well, Ms. May can also speak to this, so we can proceed on either ground.

4:15 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Why don't we allow that? My initial instinct is that if the two hang together, then I'm not sure if moving this one on its own would be a good idea.

4:15 p.m.

Conservative

The Chair Conservative Bob Zimmer

For the record, the clerk doesn't see it that way.

4:15 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

It's the way the legislation works.

4:15 p.m.

Conservative

The Chair Conservative Bob Zimmer

Go ahead, Ms. May.

4:15 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

The purpose of the amendment that I'm proposing, which I guess is identical to.... Which NDP motion is PV-14 identical to?

4:15 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

It's NDP-30.

4:15 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Okay. I'm on two different agendas, so I apologize.

The purpose of this amendment is based on recommendations from the Information Commissioner to amend these sections to reflect that it is the commissioner's order that is under review before the Federal Court, as opposed to the government's decision that is under review.

Again, there are deletions, but it's replacing lines 5 to 7 so that the “record is on the government institution concerned” as opposed to the current language, which is “the decision or take the action that is the subject of the proceedings is on the government institution concerned”.

The effect is to ensure that it's the commissioner's order that's under review.

4:15 p.m.

Conservative

The Chair Conservative Bob Zimmer

Is there any debate?

4:15 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Yes, Chair, if I may. I'm not comfortable with this, because while the clerk has one interpretation, we have advice another way. In that battle of interpretations on this, I'm going to withdraw it rather than seek something that I'm not confident in.

4:15 p.m.

Conservative

The Chair Conservative Bob Zimmer

Okay. That's fair.

You can do that, Mr. Cullen.

4:15 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Thank you.

4:15 p.m.

Conservative

The Chair Conservative Bob Zimmer

In that case, we're voting on.... Just a moment, please.

4:15 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

I'd just as soon have a vote on PV-14, even though I can't vote.

4:15 p.m.

Some hon. members

Oh, oh!

4:15 p.m.

Conservative

The Chair Conservative Bob Zimmer

I've just been consulting with the legislative clerk. It would need unanimous consent to be withdrawn before committee.

Do we have unanimous consent to withdraw?

4:15 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

It will save you time, so put it that way.

4:15 p.m.

Conservative

The Chair Conservative Bob Zimmer

Do we have unanimous consent?

It looks like we do, so it's been withdrawn.

(Amendment withdrawn)

Now we will go forward and vote on PV-14.

(Amendment negatived [See Minutes of Proceedings])

Now we'll go to NDP-31.

4:15 p.m.

Legislative Clerk, House of Commons

Olivier Champagne

It's been dealt with.