Evidence of meeting #51 for Official Languages in the 44th 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

Chantal Terrien  Manager, Modernization of the Official Languages Act, Department of Canadian Heritage
Marcel Fallu  Manager, Modernization of the Official Languages Act, Department of Canadian Heritage
Warren Newman  Senior General Counsel, Constitutional, Administrative and International Law Section, Public Law and Legislative Services Sector, Department of Justice
Julie Boyer  Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage
Clerk of the Committee  Ms. Michelle Legault

10:35 a.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Ms. Boyer, you said earlier that you have an obligation to make a list of measures that involve spending. Does the amendment require you to disclose the list of all measures for us as legislators to decide?

10:35 a.m.

Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage

Julie Boyer

No, the amendment doesn't do that.

10:35 a.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

It's a loophole.

10:35 a.m.

Liberal

The Chair Liberal René Arseneault

Mr. Serré, you have the floor.

10:35 a.m.

Liberal

Marc Serré Liberal Nickel Belt, ON

I think Ms. Boyer has somewhat addressed Mr. Godin's concerns. The amendment does not detract from the bill as far as positive measures go.

Ms. Boyer, can you give us an example of regulations, in part VII, to show that the amendment does not detract from the bill?

10:35 a.m.

Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage

Julie Boyer

Mr. Chair, I will let Mr. Fallu answer.

10:35 a.m.

Manager, Modernization of the Official Languages Act, Department of Canadian Heritage

Marcel Fallu

Thank you.

Mr. Serré, you talk about regulations. Part VII has provided for regulatory authority since the act was strengthened in 2005. However, to date, that authority has not been exercised. So there are no regulations in place now, but the regulatory authority remains. It is moved to the new subsection 41(11) of the act proposed by Bill C-13, but it is essentially the same regulatory authority as is found in the current version of the act. The purpose of regulations for applying part VII would be to regulate how the obligations are to be met.

In addition, I would note that the new subsections 41(6) to 41(10) of the act proposed by Bill C-13 clarify the steps to be taken by federal institutions in relation to positive measures, to address potential implementation issues. All of this can also be further clarified through regulations, as well as through Treasury Board policy instruments. These instruments are a new feature of Bill C-13, as the current version of the act does not provide for this possibility in part VII.

So there are ways to be even more specific in providing guidance to federal institutions. However, as much as I would like us public servants to be the ones to vote on budgets, that is not the case.

10:40 a.m.

Liberal

The Chair Liberal René Arseneault

Thank you.

Mr. Beaulieu, the floor is yours.

10:40 a.m.

Bloc

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

I think we have been very reasonable. We want to move the debate along as quickly as possible and give us time to go over all the amendments. So far, we have gone over 20 clauses out of 71, and we have debated and voted on 44 amendments. We are up to page 78 of 229 in the amendment package.

In addition to the application of Bill 101 to federally regulated businesses in Quebec, clause 54 of Bill C-13 is important for francophones outside Quebec.

So I think it is very important to finish the debate and proceed as quickly as possible.

10:40 a.m.

Liberal

Marc Serré Liberal Nickel Belt, ON

I have a point of order, Mr. Chair. We are talking about amendment LIB-14.

10:40 a.m.

Liberal

The Chair Liberal René Arseneault

That's right.

Thank you for your comment, Mr. Beaulieu, but we really need to focus on amendment LIB-14.

Mr. Godin, you have the floor.

10:40 a.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Mr. Chair, I would like to move a subamendment. I think it's been distributed.

10:40 a.m.

Liberal

The Chair Liberal René Arseneault

I'm being told you had to move it first. It has just been sent to everyone.

10:40 a.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

I will read it, but we won't have time to debate it, as I understand we will not be able to extend the meeting.

So I move that the amendment be amended by replacing the words “commitments under subsections (1) to (3) are implemented by the taking of positive measures.” with the following:

positive measures are taken for the implementation of the commitments under subsections (1) to (3).

10:40 a.m.

Liberal

The Chair Liberal René Arseneault

I don't have it in front of me, but my understanding is that the proposed amendment would be inserted after the words “the commitments under subsections (1) to (3)”.

10:40 a.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Actually, this is at line 30 on page 11 of the bill. Lines 30, 31 and 32 would be replaced with the words “positive measures are taken for the implementation of the commitments under subsections (1) to (3).”.

I may have worded it wrong, but you know that we are in a hurry.

10:40 a.m.

Liberal

The Chair Liberal René Arseneault

Mr. Godin, I understand the idea of your subamendment, but as a matter of procedure, a subamendment that eliminates the whole substance of the amendment is inadmissible.

10:40 a.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

No, I'm not eliminating everything, as my subamendment starts after the word “that”.

10:40 a.m.

Liberal

The Chair Liberal René Arseneault

Exactly. All that remains is the word “that”, so there is no substance.

10:40 a.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

I've tried, Mr. Chair.

10:40 a.m.

Liberal

The Chair Liberal René Arseneault

I thank you for that, but we will leave it at this. So your subamendment is inadmissible.

Since there are no further comments, we will vote on amendment LIB-14.

(Amendment agreed to: yeas 6; nays 3)

10:45 a.m.

Liberal

The Chair Liberal René Arseneault

We will stop here for today.

The meeting is adjourned.