Official Languages Committee on March 31st, 2023

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

You can seek unanimous consent. I believe our colleagues opposite are very receptive this morning.

[The Chair, Liberal, René Arseneault]

Mr. Beaulieu, I want to make sure I understand.

You are introducing amendment BQ‑57 with the second subsection removed entirely. Is that correct?

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

Yes, Mr. Chair. Section 81.1 as proposed contains subsections (1), (2) and (3), but I am removing subsection (2). I am also removing it from the English version.

[The Chair, Liberal, René Arseneault]

What did you say about section 81.1? It may help us determine whether or not your amendment is in order.

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

It would read as follows:

(4) The Act is amended by adding the following after section 81: 81.1 (1) For greater certainty, the implementation of this Act shall be carried out in accordance with the jurisdiction and powers of the provinces and territories, including with the Charter of the French Language in Quebec. (2) This Act recognizes that French is the official and common language in Quebec.

The former subsection (2) is removed and the former subsection (3) becomes the new subsection (2).

[The Chair, Liberal, René Arseneault]

That's fine, thank you.

Your amendment is in order, Mr. Beaulieu.

Are there any questions?

I see no one wants to speak, so I will call the vote.

(Amendment negatived: nays 6; yeas 5)

(Clause 43 agreed to)

(On clause 44)

[The Chair, Liberal, René Arseneault]

That brings us to amendment CPC‑52, on clause 44.

Mr. Godin, are you moving it?

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Absolutely, Mr. Chair.

[The Chair, Liberal, René Arseneault]

Before you debate it, I want to mention that if amendment CPC‑52 passes, amendment BQ‑58 cannot be moved due to a line conflict.

Mr. Godin, you have the floor.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Chair, in amendment CPC‑52, I move that Bill C‑13, in clause 44, be amended by replacing lines 13 to 16 on page 36 with the following:

Crown who is responsible for the provision shall seek the views of the provincial and territorial governments, of members of the English and French linguistic minority communities at a time and in a manner appropriate to the circumstances and, if appropriate, of mem-

[The Chair, Liberal, René Arseneault]

Perfect, Mr. Godin.

Are there any questions at the table or virtually?

I see none, so I will call the vote.

(Amendment negatived: nays 6; yeas 5)

[The Chair, Liberal, René Arseneault]

Mr. Beaulieu, are you moving amendment BQ‑58?

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

Yes.

[The Chair, Liberal, René Arseneault]

Go ahead.

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

I move that Bill C‑13, in clause 44, be amended by replacing line 14 on page 36 with the following:

time and in a manner appropriate to the circumstances and after consulting the provincial and territorial governments,

This amendment is simply to ensure that provincial governments, including Quebec's, are consulted.

[The Chair, Liberal, René Arseneault]

Thank you, Mr. Beaulieu.

Are there any questions at the table or virtually?

I see none, so I will call the vote.

(Amendment negatived: nays 6; yeas 5)

(Clauses 44 to 48 agreed to)

(On clause 49)

[The Chair, Liberal, René Arseneault]

That brings us to clause 49.

Do you wish to move amendment CPC‑53, Mr. Godin?

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Yes, Mr. Chair. May I make a comment?

[The Chair, Liberal, René Arseneault]

You may.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

I'll make it quick.

In amendment CPC‑53, I move that Bill C‑13, in clause 49, be amended by adding after line 28 on page 37 the following:

91.1 The Governor General of Canada or other Chief Executive Officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign, by whatever title designated, must be able to speak and understand clearly both official languages at the time of their appointment.

We currently have a case in point. We have a very respectable Governor General who is bilingual, but who unfortunately does not speak French. Therefore, I feel that this addition to Bill C‑13 is necessary to ensure that proficiency in both official languages, French and English, is included in the eligibility criteria for the position of Governor General.

When I say “bilingual” in Canada, I always emphasize that I mean French and English. Currently, we have a Governor General who is bilingual, but does not speak French.

I feel that this should be added to Bill C‑13. it's not retroactive; I want everyone to understand that it will be applied in the future. Please do not argue that we will dismiss the Governor General. It's too late for that.

I would also say that we enact legislation precisely to give us strong tools to demonstrate, at the highest level, and in the highest positions in our country, that we are leading by example and appointing people who speak French and English.

[The Chair, Liberal, René Arseneault]

Thank you.

First, I want to mention to committee members that amendments CPC‑53, CPC‑54 and LIB‑36 deal with similar measures. That said, here is my ruling on amendment CPC‑53.

Bill C‑13 seeks to amend the Official Languages Act, which does not apply to representatives of the Crown in Canada. However, amendment CPC‑53 seeks to make the “Governor General of Canada or other Chief Executive Officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign” subject to the act. That is beyond the scope of the bill passed at second reading by the House of Commons.

I would refer to the House of Commons Procedure and Practice, third edition, page 770: “An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In my opinion, for the reasons stated above, the amendment is beyond the scope of the bill. Therefore, I rule that the amendment is out of order.

Mr. Beaulieu, you have the floor.

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

I would like to move a subamendment to render it in order. Am I allowed to do that?

[The Chair, Liberal, René Arseneault]

It's too late, because amendment CPC‑53 has been ruled out of order.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

You just said it. He can't react until he knows.

[The Chair, Liberal, René Arseneault]

I have just said that amendment CPC‑53 is out of order. That does not prevent Mr. Beaulieu from moving an amendment, but he cannot move a subamendment.