Evidence of meeting #45 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was question.
Conservative
The Chair Conservative Mike Wallace
Effectively, the minister can override the individual. If the individual were suspended at the time and dies, he or she, as minister, can override that and give the pension to the surviving individual.
Legislative Counsel, Legislation Section , Department of Justice
That's my understanding, yes.
NDP
Ève Péclet NDP La Pointe-de-l'Île, QC
It's not clear. It could be interpreted in both ways. If I were a lawyer and I would like governments—
NDP
Ève Péclet NDP La Pointe-de-l'Île, QC
No, I didn't pass the bar. I didn't get called to the bar. It's not the same. I didn't fail anything, I just didn't do the exam.
NDP
Françoise Boivin NDP Gatineau, QC
I want to make sure I understand what you are saying.
I will read the text in English.
Where the payment of the pension of a member of the forces was suspended at the time of the member's death, the Minister may direct that the survivor be awarded the pension to which the survivor would be entitled under subsection (2), (2.1), (3) or (3.01) if the pension had not been suspended.
I think that what we really want to say is:
“as if the pension had not been suspended”.
Legislative Counsel, Legislation Section , Department of Justice
Yes, that is quite right: as if the pension had never been suspended.
NDP
Françoise Boivin NDP Gatineau, QC
I think maybe it should be rephrased, because the way it is written is really not clear in English or in French.
Legislative Counsel, Legislation Section , Department of Justice
I agree. The problem is that the wording of the amendment cannot be changed at this stage. The amendment has to be accepted—
Conservative
The Chair Conservative Mike Wallace
Is there anything else?
Thank you for taking us back to the Pension Act.
Yes.
Conservative
Conservative
The Chair Conservative Mike Wallace
—we're on clause 144, and I'm hoping that we get to 176 or whatever the number is.
We will to have another meeting on this. At that meeting, we'll do the objections or non-objections. I've already picked a date. We'll get it done. We have to get the report back from the Senate. We're not going to get it done today. There is no way, in 20 minutes, we're going to get through all these plus then going back and forth. They have information that we are requesting. Let's not kid ourselves; we're going to be back here.
I've picked the first day back after not this break but the next break, so we'll see what happens.
Okay, we're at the Plant Protection Act, clause 144. Is there anything?
Conservative
Robert Goguen Conservative Moncton—Riverview—Dieppe, NB
We don't have anything to say. You just picked a—
Conservative
Conservative
Conservative
The Chair Conservative Mike Wallace
It is the call of the chair, is it not? I can't remember.
Yes, that's right.
Conservative
The Chair Conservative Mike Wallace
No, not yet because you are sitting on the fence on the other side.
Conservative
