Evidence of meeting #22 for Public Safety and National Security in the 45th 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

Members speaking

Before the committee

Arbour  Director General, Telecommunications and Internet Policy Branch, Department of Industry
Legault  Legislative Clerk

Jacques Ramsay Liberal La Prairie—Atateken, QC

I simply think it's redundant, given that we adopted amendment G‑2. We will therefore vote against this amendment.

The Chair Liberal Jean-Yves Duclos

Any other interventions?

Shall PV‑1 carry?

(Amendment negatived on division [See Minutes of Proceedings])

The Chair Liberal Jean-Yves Duclos

We are moving on to PV‑2, which is deemed to be moved.

Ms. May, would you like to introduce it?

Elizabeth May Green Saanich—Gulf Islands, BC

Thank you, Mr. Chair.

This amendment again relies on evidence before the committee from the Canadian Civil Liberties Association and others. I know there are some policy overlaps with other motions, but there are no line conflicts of which I'm aware.

In Bill C-8, service providers can be compelled to install highly intrusive surveillance capabilities for cybersecurity purposes. Once these capabilities are in place, it's the belief of a number of experts, and certainly the Green Party view, that Bill C-8 fails to ensure that their use is limited to cyber-defence. Again, the civil liberties associations are particularly concerned that the capabilities that are enabled and imposed through Bill C-8 could be used or will be used by security agencies to achieve objectives that are unrelated to cybersecurity, intruding on the rights of Canadians.

The Chair Liberal Jean-Yves Duclos

Are there any interventions?

Is PV-2 adopted?

We haven't exercised this for a little while, so let's do a roll call vote.

(Amendment negatived: nays 5; yeas 4 [See Minutes of Proceedings])

The Chair Liberal Jean-Yves Duclos

We are moving on to BQ‑4.

Mrs. DeBellefeuille, you have the floor.

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

I won't move it because I consider that G‑2 addresses the same concerns.

The Chair Liberal Jean-Yves Duclos

Okay.

We're moving on to PV‑3.

Madame May, would you like to speak to amendment PV-3?

Elizabeth May Green Saanich—Gulf Islands, BC

Yes, I will address it briefly.

The amendment you have before you affects line 3 on page 5. This again was a recommendation that the risk of...as the government is able to compel telecom service providers to intercept categories of Internet traffic that are of a highly sensitive nature. The amendment as proposed limits this to say “tracking data or transmission data” as those terms are defined under the Criminal Code. This is an amendment to ensure that the intrusions are balanced and limited as much as possible.

The Chair Liberal Jean-Yves Duclos

Are there any interventions on PV-3?

Is PV-3 adopted?

(Amendment negatived on division [See Minutes of Proceedings])

Would you like to speak to PV-4, Madame May?

Elizabeth May Green Saanich—Gulf Islands, BC

Thank you very much.

This is dealing with the telecom service provider being ordered to disconnect targets in order to access Internet and mobile networks, were there reasonable grounds to do so. Our amendment would require individual notification for people whose Internet access is blocked, as well as public notification for blocked websites. I know there are similar provisions in the bill for notification and public awareness, but this is specific in ensuring that the minister must, without delay, notify the person affected of that order and then take that information public.

The Chair Liberal Jean-Yves Duclos

Thank you, Madame May.

If amendment PV‑4 is carried, CPC‑15 can't be moved because of a line conflict.

Jacques Ramsay Liberal La Prairie—Atateken, QC

A point of order.

The Chair Liberal Jean-Yves Duclos

Go ahead, Mr. Ramsay.

Jacques Ramsay Liberal La Prairie—Atateken, QC

Can we have a ruling from the chair on the admissibility of CPC‑15? It goes beyond the scope of the bill.

The Chair Liberal Jean-Yves Duclos

The advice I received from the legislative clerks indicates that this amendment is admissible, but there is a line conflict. If the committee adopts PV‑4, we won't then be able to consider CPC‑15.

Is it the will of the committee to adopt PV‑4?

(Amendment negatived on division [See Minutes of Proceedings])

The Chair Liberal Jean-Yves Duclos

We're moving on to CPC‑15.

Would anyone like to move it?

5:10 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

I will move CPC-15.

The Chair Liberal Jean-Yves Duclos

Thank you, Mr. Caputo.

I'd like to share with you my decision regarding CPC‑15.

Bill C‑8 amends the Telecommunications Act by giving the minister new powers, including the power to include a non-disclosure provision in an order made under section 15.2 of the act. The amendment seeks to change the bill by preventing the minister from including such a provision in the order, instead requiring the minister to apply to the court to do so.

In House of Commons Procedure and Practice, fourth edition, at section 16.74, it states:

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.

The chair is of the view that transferring to a judge the exclusive authority to extend the order introduces a new concept that goes beyond the scope of the bill. Therefore, I rule this amendment out of order.

Mr. Caputo, you have the floor.

5:10 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

With the greatest of respect, I seek to challenge the chair's decision, please.

The Chair Liberal Jean-Yves Duclos

Thank you, Mr. Caputo.

We will therefore proceed to a recorded vote on sustaining the chair's decision.

(Ruling of the chair overturned: nays 5; yeas 4 [See Minutes of Proceedings])

The Chair Liberal Jean-Yves Duclos

We will therefore move on to CPC‑15.

Are there any interventions?

Jacques Ramsay Liberal La Prairie—Atateken, QC

Mr. Chair, I think we can move to the vote. We've already spoken on this several times.

The Chair Liberal Jean-Yves Duclos

If that's the will of the committee, yes.

Are there any further interventions?

Shall CPC‑15 carry?

(Amendment agreed to: yeas 5; nays 4 [See Minutes of Proceedings])

The Chair Liberal Jean-Yves Duclos

We're now moving on to G‑3.

Would anyone like to move it?

Mr. Ramsay, you have the floor.