Evidence of meeting #62 for Public Safety and National Security in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site.) The winning word was chair.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

John Davies  Director General, National Security Policy, Department of Public Safety and Emergency Preparedness
Sophie Beecher  Counsel, Public Safety Canada, Legal Services, Department of Justice
Élise Renaud  Policy Specialist, Department of Public Safety and Emergency Preparedness
Ritu Banerjee  Director, Operational Policy and Review, Department of Public Safety and Emergency Preparedness
Ari Slatkoff  Senior Counsel, Public Safety Canada, Department of Justice
Douglas Breithaupt  Director and General Counsel, Criminal Law Policy Section, Department of Justice
Glenn Gilmour  Counsel, Criminal Law Policy Section, Department of Justice
Michael Duffy  Senior General Counsel, National Security Law, Department of Justice
Nancie Couture  Counsel, National Security Litigation and Advisory Group, Department of Justice

4:45 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Chair, this was a request by the airline association, and because I said what I did at committee, I put it forward.

In the legislation as it's worded now, the fine is $500,000, which does seem fairly substantial for some of the smaller airlines especially. They have suggested that what they would like to see is $250,000. That reduces it to a more reasonable level for some of the smaller airlines in the industry.

I put that forward.

4:50 p.m.

Conservative

The Chair Conservative Daryl Kramp

Thank you very much.

Is there further discussion?

Ms. James.

4:50 p.m.

Conservative

Roxanne James Conservative Scarborough Centre, ON

Thank you.

This fine is for extremely serious breaches. This would not be a fine that would be applicable to someone who has made an error through no fault of their own. The offence here—possibly I'll get the officials to talk more about why it was set at that amount and what it would apply to—is obviously something that I believe would be willfully done, because of the serious breach and the seriousness of it.

Perhaps the officials can explain that a little better.

4:50 p.m.

Director General, National Security Policy, Department of Public Safety and Emergency Preparedness

John Davies

I'll just say that I think the current penalty is prescribed in regulations. It hasn't been updated in a long time.

As you've said, it's important to get the incentives right, given the seriousness of the offence.

4:50 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

The current penalty is $500,000?

4:50 p.m.

Director General, National Security Policy, Department of Public Safety and Emergency Preparedness

John Davies

No. In the amendment to the act it's at $500,000. The current one is much lower. I'm not sure....

4:50 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

What is the current one?

March 31st, 2015 / 4:50 p.m.

Director General, National Security Policy, Department of Public Safety and Emergency Preparedness

John Davies

We'll have to get back to you on that.

4:50 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

What is in this bill, then, is an increase from what the current penalty is.

4:50 p.m.

Director General, National Security Policy, Department of Public Safety and Emergency Preparedness

John Davies

That's right.

4:50 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Can the officials give us any indication of how often that fine has been levied?

4:50 p.m.

Director General, National Security Policy, Department of Public Safety and Emergency Preparedness

John Davies

I'm not able to do that. We may be able to find the fine for you; we're just going through the regs.

Again, Transport Canada would have to give you a bit more of the history on how many times that fine has been used.

4:50 p.m.

Senior Counsel, Public Safety Canada, Department of Justice

Ari Slatkoff

If I can add to that, though, in answer to the member's question, this is for the most serious offence in the act. That is the offence in proposed section 22, which is wilful obstruction of a person “exercising or performing their powers, duties or functions under this Act”. It's not just a failure to verify somebody's identity at the gate properly. It's wilful obstruction: destroying documents, concealing evidence, and things of that nature.

4:50 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

You don't have the figure of what the current fine is yet?

4:50 p.m.

Senior Counsel, Public Safety Canada, Department of Justice

Ari Slatkoff

No, but I understand, having been involved in drafting this, that the current fine has not been updated in quite some time.

4:50 p.m.

Conservative

The Chair Conservative Daryl Kramp

Thank you very much.

Madam Doré Lefebvre.

4:50 p.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

I had some questions for the officials and they were answered. Thank you.

4:50 p.m.

Conservative

The Chair Conservative Daryl Kramp

Thank you.

All in favour?

(Amendment negatived [See Minutes of Proceedings])

We will now go to Green Party-24.

4:50 p.m.

Green

Bruce Hyer Green Thunder Bay—Superior North, ON

Mr. Chair, could you clarify—

4:50 p.m.

Conservative

The Chair Conservative Daryl Kramp

Excuse me. We do have one more Liberal amendment before that.

My apologies, Mr. Easter. I do have you here.

4:50 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Now it's page 23, Mr. Chair, pages 21 to 23.

4:50 p.m.

Conservative

The Chair Conservative Daryl Kramp

No....

4:50 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Okay, you're right. Thank God, Mr. Chair, you're right.

4:50 p.m.

Voices

Oh, oh!

4:50 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

You're a good man.