Evidence of meeting #12 for Natural Resources in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendments.
A recording is available from Parliament.
9:20 a.m.
Conservative
The Chair Conservative Leon Benoit
We'll have a recorded division.
(Amendment negatived [See Minutes of Proceedings])
(On clause 120—Bill C-48)
Now we'll go on to government amendment 10, which is a proposal to amend clause 120.
Mr. Trost.
9:25 a.m.
Conservative
Bradley Trost Conservative Saskatoon—Humboldt, SK
The explanation for government amendment 10 is as follows.
First, this motion seeks to delete the current clause 120 of the bill, pages 261 and 262, as those provisions were achieved through the amendment of clause 88. That was achieved in the motion under government amendment 5. The full text of this motion also includes changes necessary to coordinate with amendments to the Canada Labour Code, which were included in Economic Action Plan 2013 Act No. 2.
This motion seeks to coordinate amendments made by Economic Action Plan 2013 Act No. 2—to replace the references to “health and safety officer” with the reference to “delegated” officials—with that act's amendments to the disclosure of information provisions in the Canada Labour Code. Those amendments ensure consistency with the disclosure information provisions developed for the offshore.
Economic Action Plan 2013 Act No. 2 added new proposed subsection 144(1.1) to provide the Minister of Labour with similar protections as those covered under proposed subsection 144(1). A coordinating amendment is therefore necessary to ensure consistency and, more specifically, to add the concept of “administrative proceedings” to proposed subsection 144(1).
The amendments in this motion neither conflict nor overlap with those from Economic Action Plan 2013 Act No. 2.
Are there any comments or more explanation from our witnesses? Would that be possible?
9:25 a.m.
Director General, Energy Safety and Security Branch, Department of Natural Resources
I'll turn to my colleague from Labour Canada.
9:25 a.m.
Acting Director General, Workplace Directorate, Labour Program, Department of Employment and Social Development
The changes are to provide coordination with the changes that came about under Economic Action Plan 2013 Act No. 2. Specifically, those amendments removed the reference to health and safety officers and replaced them with the term “delegated” officials, so the changes proposed here under the Canada Labour Code are making that same sort of coordinating amendments. They're removing the reference to health and safety officers and replacing it with a reference to delegated officials.
As well, the coordination is required around the protections that are provided to the minister and that exist within the Canada Labour Code with regard to a minister giving testimony in, as it says currently, civil proceedings. These amendments refer to “civil and administrative proceedings”, which include arbitration hearings. It's that one change to make that same reference so that “[t]he Minister shall not be required to give testimony in civil or administrative proceedings, other than proceedings under this Part” of the Canada Labour Code.
9:25 a.m.
Liberal
Geoff Regan Liberal Halifax West, NS
For the witnesses, proposed subsection 144(1.1) of this amendment provides that the minister isn't required to give testimony, and then at the end says “except for those powers, duties or functions that shall not be the subject of an agreement entered into under subsection 140(2)”.
What would that mean? In other words, what are the functions, etc., that would not be under such an agreement, in which case, I presume, the minister would have to give testimony...? What are the conditions under which the minister has to give testimony?
9:25 a.m.
Acting Director General, Workplace Directorate, Labour Program, Department of Employment and Social Development
I don't have specific examples of those. I would have to get back to you with those specific examples.
9:25 a.m.
NDP
Linda Duncan NDP Edmonton Strathcona, AB
Through you I'd like to ask the witness, is it clause 120, subclause 2? Is that the one you were speaking to? I'm not sure exactly what in the Canada Labour Code.... As I recall there was a problem that this legislation contradicted the new federal labour act on who decides what is dangerous work. Does this resolve that?
9:30 a.m.
Acting Director General, Workplace Directorate, Labour Program, Department of Employment and Social Development
These are specifically related to the amendments that are proposed under Bill C-5, and specifically those relate to the ability for delegated officials to make representation at certain civil and administrative proceedings. We've changed the word “civil” to include administrative proceedings, which would include things like arbitration hearings. Those are the changes. Specifically the coordination is required around the reference to a delegated official, where previously the code referred to health and safety officer.
9:30 a.m.
NDP
Linda Duncan NDP Edmonton Strathcona, AB
In other words it doesn't deal with that other issue that arose during the hearings.
9:30 a.m.
Director General, Energy Safety and Security Branch, Department of Natural Resources
Correct.
9:30 a.m.
Conservative
9:30 a.m.
NDP
Peter Julian NDP Burnaby—New Westminster, BC
Mr. Chair, since we didn't get an answer to Mr. Regan's question, I think it would be wise to set that aside for now. We can come back to it later once we have the answers to the questions on subsection 144(1.1), which compels the minister to give testimony in civil or administrative proceedings.
Mr. Regan is asking some very pertinent questions, and I think it's important that we get those answers before we vote. And I don't think it will take long for us to get them.
9:30 a.m.
Conservative
9:30 a.m.
Acting Director General, Workplace Directorate, Labour Program, Department of Employment and Social Development
I just have one comment that this section is not a change; this currently exists within the code. This is not any proposed change. That language exists within the Canada Labour Code currently with regard to powers, duties, or functions that shall not be subject of an agreement entered into under subsection 140(2).
That's not the change that we're making.
9:30 a.m.
Conservative
The Chair Conservative Leon Benoit
So you understand that, Mr. Julian? Does that satisfy your concern?
9:30 a.m.
Acting Director General, Workplace Directorate, Labour Program, Department of Employment and Social Development
The only change being made is to change the wording from civil, to “civil or administrative proceedings”.
9:30 a.m.
An hon. member
If we had the Canada Labour Code in front of us, we could....
9:30 a.m.
NDP
Peter Julian NDP Burnaby—New Westminster, BC
No, no, that's the problem.
Can we come back to that section later, Mr. Chair? We're making good progress, so it's not a problem. All we need to do is set it aside for now and come back to it at the end. We could also come back to the other amendment from Mr. Trost.
9:30 a.m.
Conservative
The Chair Conservative Leon Benoit
You've heard the proposed....
Ms. Block, do you want to speak? Mr. Julian actually has asked to stand this amendment until after we've dealt with the government amendment 4 to clause 84, and then clause 84. He's made that proposal so I think we have to go to a vote on that.
Is it agreed that we stand this amendment and clause until later? Is it agreed?