Evidence of meeting #59 for Procedure and House Affairs in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Marc Chénier  Counsel, Legislation and House Planning, Privy Council Office
Dan McDougall  Director of Operations, Legislation and House Planning, Privy Council Office
Randall Koops  Senior Policy Advisor, Legislation and House Planning, Privy Council Office
Michel Bédard  Committee Researcher

12:05 p.m.

Conservative

The Chair Conservative Gary Goodyear

Hold on one second.

Colleagues, I apologize. I was not made aware of this. I understand there has been a change to the original NDP-4. The indication from my perspective is that I'll need unanimous consent to introduce this alteration to NDP-4. I don't need unanimous consent to withdraw it, because it never got moved, but I will need unanimous consent of the committee to accept the new version of the old NDP-4.

Do I have unanimous consent?

12:05 p.m.

An hon. member

We need to see it beforehand.

12:05 p.m.

Conservative

The Chair Conservative Gary Goodyear

The committee is asking to see the new version first. I think that's acceptable. Then I'll ask if the committee wants to adopt it. It's being passed out right now.

Colleagues, this might be a good opportunity for those who haven't already stepped up and gotten their lunch to do so. I think we'll officially suspend for one and a half minutes while members read this new version.

The meeting is suspended for one and a half minutes.

12:09 p.m.

Conservative

The Chair Conservative Gary Goodyear

Colleagues, let's bring the meeting back to order.

Everybody has seen the updated version of NDP-4. I would ask Mr. Dewar to introduce it, but first of all, I want to have unanimous consent to technically waive the 24-hour notice for this motion, as I deem it to be a new motion that is actually in order.

Colleagues will notice one slight mistake in the English version right away. Everybody is aware that there is a word missing. The word “not” is missing.

Do I have unanimous consent for this committee to accept this motion as a replacement of the original NDP-4?

On a point of order, Mr. Owen.

12:10 p.m.

Liberal

Stephen Owen Liberal Vancouver Quadra, BC

It's really a question of order.

Would it be appropriate, before we consider unanimous consent, to hear what the effect of the change is, in the mind of the proposer?

12:10 p.m.

Conservative

The Chair Conservative Gary Goodyear

Is that okay with the committee? I'm at the committee's will. It seems to make sense.

Mr. Dewar, please.

12:10 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Thank you, Mr. Chair.

I thank the committee for their indulgence, and I thank the clerk for pointing out the omission of the word “not” in the second line of the new and improved NDP amendment.

What we have is more clarity in the amendment that we're proposing right now to replace the amendment we had tabled before, so that there's no question we're talking about the guarantee of a loan and to make sure there's no ambiguity there. We've added a couple of lines to ensure there's no ambiguity that we're talking about a loan guarantee to a candidate. Simply put, it's to put in the words “may guarantee a loan”. That's in the NDP amendment that you have in front of you to replace the NDP amendment that was tabled on June 11.

12:10 p.m.

Conservative

The Chair Conservative Gary Goodyear

Colleagues, I think we're at the stage right now where we either just give unanimous consent to introduce the motion.... And I have concerns with that, but I'm just the chair. We can debate it out, and vote it up or vote it down. I don't think we need to debate it at this stage. We need to accept whether or not we're going to debate it.

Do I have unanimous consent to accept this new version of amendment NDP-4?

12:10 p.m.

Some hon. members

Agreed.

12:10 p.m.

Conservative

The Chair Conservative Gary Goodyear

We have unanimous consent.

Mr. Dewar, you have given your explanation.

The amendment is moved. Is there debate on this amendment?

Mr. Reid, please.

12:10 p.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

Mr. Chairman, this ultimately takes the form of a question to Mr. Dewar, through you, of course.

I've just been reading new proposed subsection 405.7(1.1), comparing it to proposed subsection 405.7(1), which it follows in the text of the bill. Proposed subsection 405.7(1) talks about a loan and talks about contributions to a registered party, registered association, candidate, leadership contestant, or nomination contestant. I have the impression, from reading new proposed subsection 405.7(1.1), that this refers only to a loan to a candidate, not to a registered party or registered association, leadership contestant, or a nomination contestant.

I don't know if that is the intention, but that's really what I'm asking, if it's to be that narrow.

12:10 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

That was our intention, yes, singular to a candidate.

12:10 p.m.

Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

So it's not for someone seeking a nomination, not for leadership....

Okay. Thank you.

12:10 p.m.

Conservative

The Chair Conservative Gary Goodyear

Mr. McDougall, do you have a comment?

12:10 p.m.

Director of Operations, Legislation and House Planning, Privy Council Office

Dan McDougall

Yes, Mr. Chair, if I may.

I would just point out that there may be a conflict between this provision and the one that was previously adopted by the committee in the version of amendment CPC-2, which actually specifies the amounts of guarantees that can be made in any one year, that being $1,100. This provision seems to be suggesting that notwithstanding the contribution limit for guarantees of $1,100, there indeed be—if I read this correctly—a $3,300 guarantee contemplated here.

So I'm not certain that there's not a conflict between the two provisions.

12:10 p.m.

Conservative

The Chair Conservative Gary Goodyear

Mr. Dewar, I think you have the answer to that.

12:10 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Yes, Mr. Chair. I just want to establish to our panel that it was to ensure that if there were a default, that would be considered as a contribution. That's why the $3,300 is intended here—in other words, $1,100 per year over three years. If it's paid back, no problem. If it isn't, default. That's then considered a contribution.

That is, I guess, the intention here.

12:15 p.m.

Conservative

The Chair Conservative Gary Goodyear

Mr. Chénier.

12:15 p.m.

Counsel, Legislation and House Planning, Privy Council Office

Marc Chénier

Mr. Chair, I'd just like to point out that under amendment CPC-2, which was just adopted by the committee, the unpaid amount of a loan will already have been counted as a contribution during the year in which it was made. So this isn't a question of the paid amount of the guarantee. The unpaid amount of the guarantee would have been counted as a contribution during the year the loan was made. It wouldn't be counted again at this point if the amount were actually claimed by the lender.

I think the problem that the NDP is trying to solve here doesn't really exist under the proposed scheme.

12:15 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

So perhaps the only way to do that, Chair, would be to have the famous Canadian term of “notwithstanding” apply here to make this work. So notwithstanding going back to amendment CPC-2—

12:15 p.m.

Counsel, Legislation and House Planning, Privy Council Office

Marc Chénier

If I understood this, I think it's more--

12:15 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

You're saying it's redundant.

12:15 p.m.

Counsel, Legislation and House Planning, Privy Council Office

Marc Chénier

I think so.

12:15 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

I'll take that under advisement.

Can I just have 30 seconds, Chair?

12:15 p.m.

Conservative

The Chair Conservative Gary Goodyear

Agreed.

Order, please, colleagues. We didn't suspend the meeting. I just offered Mr. Dewar 30 seconds to consult with his experts.

Are we anywhere, Mr. Dewar?