Finance Committee on April 29th, 2019

[Trevor McGowan]

First of all, to reiterate, the details regarding the independent advisory panel haven't been released. We really can't provide any additional details on this beyond what has been put out in the budget and related materials.

The proposal is that an independent advisory panel be established to provide input and guidance related to these measures. It would be independent, and details are expected to come relating to it. Based upon the input of the work of the independent advisory panel, the government could prescribe a body—which is a fairly general term—that would be tasked with designating which organizations meet the conditions to qualify as a qualified Canadian journalism organization. It is anticipated that this would take into account the advice provided by the independent advisory panel. It would be impossible to set out all the conditions relating to the establishment of the body and what conditions they would look at without in effect prejudging the output of the independent advisory panel.

[The Chair, Liberal, Wayne Easter]

The way we're going to get there is a question, then, for the minister. I think that's fair.

[Pierre Poilievre, Conservative, Carleton, ON]

Well, there is this “body”, which we have now learned about. We already knew about the panel. We never knew and still don't know how the panel will be selected.

You can't tell us that either?

[Trevor McGowan]

No, I cannot.

[Pierre Poilievre, Conservative, Carleton, ON]

The panel is going to write the rules you have to follow if you want the government to say that you're a qualifying journalism organization. Then, separate from it there's this new body that will actually say, you are a qualified journalism organization and you are not.

You can't tell us how that body is going to be appointed either?

[Trevor McGowan]

I can't tell you how it would be established, because there has been no announcement as to what the body itself would be, beyond that it would be prescribed by regulation.

[Pierre Poilievre, Conservative, Carleton, ON]

Who would approve those regulations?

[Trevor McGowan]

It would go through the normal regulatory process as an order in council.

[Pierre Poilievre, Conservative, Carleton, ON]

Who would approve those regulations?

[Trevor McGowan]

They would go through cabinet.

[Pierre Poilievre, Conservative, Carleton, ON]

Cabinet. So cabinet is going to make the regulations.

[Trevor McGowan]

Well, it goes through the normal regulatory process, unless it ends up in a future bill. I'm of course aware that there are amendments to regulations in this bill, so I don't want to say that all regulations have to go through this process, but it would be the normal process.

[Pierre Poilievre, Conservative, Carleton, ON]

So cabinet is going to decide the rules for this body.

Is there anything in the bill that would prevent cabinet from appointing members of the body?

[Trevor McGowan]

There's nothing certainly in part 1 of the bill, with which I'm familiar. There's nothing in here saying what's going to constitute the advisory panel or anything like that.

[Pierre Poilievre, Conservative, Carleton, ON]

I'm asking about the “body”.

In the bill, there's a section that determines which news outlets are considered qualifying news organizations. Is there anything in the bill that prevents cabinet from appointing that body?

[Trevor McGowan]

The requirement that the body be prescribed is the sole requirement in the bill.

[Pierre Poilievre, Conservative, Carleton, ON]

You used passive language there. Who would prescribe the body?

[Trevor McGowan]

That would be contained in the income tax regulations.

[Pierre Poilievre, Conservative, Carleton, ON]

Who, then, would prescribe the body?

[Trevor McGowan]

That would go through the normal Governor in Council process for making regulations.

[Pierre Poilievre, Conservative, Carleton, ON]

Who is it, though?

[The Chair, Liberal, Wayne Easter]

I think—

[Pierre Poilievre, Conservative, Carleton, ON]

Wayne, I know this is getting uncomfortable, but who—

[The Chair, Liberal, Wayne Easter]

Mr. Poilievre, I'm calling you to order.

Don't accuse me of trying to prevent questions from being asked.

[Pierre Poilievre, Conservative, Carleton, ON]

I didn't.