Evidence of meeting #48 for Public Safety and National Security in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was information.
A recording is available from Parliament.
4:10 p.m.
Assistant Secretary, Machinery of Government, Privy Council Office
Clause 22 refers to review bodies exclusively. It's not any agency.
4:10 p.m.
Conservative
Dianne Lynn Watts Conservative South Surrey—White Rock, BC
Right. Okay.
A review body, such as CSIS, would not have to give the committee any information, if it deemed it didn't want to.
For instance, with the gathering of data that they are holding right at the moment, they don't have to give any of that information as to why they did that. Is that correct?
4:10 p.m.
Assistant Secretary, Machinery of Government, Privy Council Office
I think you meant SIRC.
4:10 p.m.
Assistant Secretary, Machinery of Government, Privy Council Office
That's all right, and you are correct.
4:10 p.m.
Conservative
Dianne Lynn Watts Conservative South Surrey—White Rock, BC
Therefore, as an overview committee, there are other review committees that don't have to give us any information, and that has crippled the committee. They can't do the job, basically, is what this is doing.
I get it. I just want to make sure that in moving forward with this there's a clear understanding that, as an oversight committee, this is not what's being set up, because any other review committee doesn't have to give us information. It is what it is.
4:10 p.m.
Assistant Secretary, Machinery of Government, Privy Council Office
Ms. Sheehy will comment on that.
4:15 p.m.
Director of Operations, Machinery of Government, Privy Council Office
I'd like to do a slight explanation of clause 22.
The clause enables the review bodies to share information with the committee, subject to limitations under what were clauses 14 and 16. The provision is necessary, because the review bodies are otherwise subject to legal prohibitions under their legislation that does not allow them to disclose the information that they have access to.
This particular clause allows them to provide information to the committee, pursuant to anything else that's in the act.
4:15 p.m.
Conservative
Dianne Lynn Watts Conservative South Surrey—White Rock, BC
I think this speaks directly to what the Privacy Commissioner had said about them deciding not to give information around a program that was being undertaken, and it had nothing to do with national security or the fact that they were gathering data and holding data on Canadians.
They still have that ability, and they don't have to give it to us. Okay. I just want to be clear.
4:15 p.m.
Liberal
Pam Damoff Liberal Oakville North—Burlington, ON
I want to put on the record that it's a difference of opinion on whether this cripples the committee, because in our opinion, it doesn't cripple the committee at all. Clause 22 is still very permissive in what it allows the committee to receive from the review body.
December 6th, 2016 / 4:15 p.m.
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
Just to answer the concern, as I read the legislation, subclause 15(1) states, “If the Committee is entitled to have access to information that is under the control of a department, the Committee may make a request to the appropriate Minister for that department that the information be provided to the Committee.”
Then if you go to subclause 15(3), it states, “After the appropriate Minister receives the request, he or she must provide or cause to be provided to the Committee, in a timely manner, the requested information to which it is entitled to have access.”
4:15 p.m.
Conservative
Dianne Lynn Watts Conservative South Surrey—White Rock, BC
It's agencies, not the minister. We're talking about review agencies. It's very different.
4:15 p.m.
Liberal
Nathaniel Erskine-Smith Liberal Beaches—East York, ON
Maybe we can have clarification. If a request is made pursuant to clause 15, and it doesn't include information that is related to clauses 14 or 16, then clause 15 would not be an answer. I would appreciate knowing that as well.
4:15 p.m.
Conservative
Dianne Lynn Watts Conservative South Surrey—White Rock, BC
That's exactly what was said by the Privacy Commissioner.
4:15 p.m.
Senior Legal Counsel, Privy Council Office
The definition of the department under the statute excludes a review body. There is something—
4:15 p.m.
Senior Legal Counsel, Privy Council Office
—with respect to departments and right to access. There is something with respect to review bodies and the ability to share information between review bodies and the committee.
4:15 p.m.
Liberal
The Chair Liberal Rob Oliphant
Are there any other comments on NDP-11?
(Amendment negatived [See Minutes of Proceedings])
I regret to inform you that CPC-11 is not eligible to be moved.
4:15 p.m.
Conservative
4:15 p.m.
Liberal
The Chair Liberal Rob Oliphant
We come now to clauses 23 to 30. There have been no amendments received on any of these clauses.
If I have unanimous consent, we could pass one motion adopting clauses 23 to 30. I'm seeing that.
(Clauses 23 to 30 inclusive agreed to)
(On clause 31)
