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ETHI Committee Meeting

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MINUTES OF PROCEEDINGS
 
Meeting No. 44
 
Thursday, November 3, 2005
 

The Standing Committee on Access to Information, Privacy and Ethics met in a televised session at 11:16 a.m. this day, in Room 253-D, Centre Block, the Acting Chair, David Tilson, presiding.

 

Members of the Committee present: Hon. Navdeep Bains, Odina Desrochers, Ken Epp, Mario Laframboise, Derek Lee, Tom Lukiwski, Pat Martin, Russ Powers, David Tilson and Paul Zed.

 

Acting Members present: Colin Carrie for David Chatters and Michael John Savage for Hon. Marlene Jennings.

 

In attendance: Library of Parliament: Kristen Douglas, Analyst; Nancy Holmes, Analyst.

 

Witnesses: Office of the Ethics Commissioner: Bernard Shapiro, Ethics Commissioner; Robert F. Benson, Deputy Ethics Commissioner; André Levasseur, Directeur, Executive Affairs; Lyne Robinson-Dalpé, Director, Corporate Services; Diane Champagne-Paul, Director, Legislative Affairs, Members of Parliament's Code.

 
Pursuant to Standing Order 32(5), the Committee commenced consideration of the Report of the Ethics Commissioner on activities in relation to Public Office Holders for the fiscal year ended March 31, 2005, referred to the Committee on Wednesday, July 20, 2005.
 

Bernard Shapiro made a statement and, with the other witnesses, answered questions.

 

At 12:22 p.m., the sitting was suspended.

At 12:28 p.m., the sitting resumed.

 
The Committee proceeded to the consideration of matters related to Committee business.
 

Pat Martin moved, — That the Committee direct the Research Staff to draft a report to the House of Commons, that the Committee accepts the Proposed “Open Government Act” as drafted by the Office of the Information Commissioner of Canada with the following changes:

1. That Section 23 be clarified as to the meaning of Solicitor Client Privilege, and for the limitation of the use of this section.

2. That Section 54 be amended to remove the provision for a two-thirds majority support in the House of Commons and Senate and be replaced with a provision for a Search Committee, which would have representation from all Parties in the House of Commons.

3. That Section 77 (2) be amended to indicate that all bodies identified in (a) to (e), with the passing of this legislation, would be subject to the Act. Further, if the government of the day wishes for a group to be excluded from this Act, for any reason, then additional legislation would have to be passed by Parliament for this to occur on a case by case basis.

It is further recommended to the House of Commons that it instruct the Justice Minister to table legislation within the House of Commons, based on the provisions of this Act and these proposed amendments by the 15th of December, 2005.

Debate arose thereon.

 

Tom Lukiwski moved, — That the motion be amended by adding a period after the words “Information Commissioner of Canada“ and replacing all of the words that follow with the words “It is further recommended to the House of Commons that it instruct the Justice Minister to consider the advisability of introducing legislation in the House of Commons, based on the provisions of the proposed Act, by the 15th of December 2005”.

 

After debate, the question was put on the amendment of Tom Lukiwski and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

 

By unanimous consent, on motion of Derek Lee, it was agreed, — That the motion, as amended, be further amended by replacing the words “it instruct the Justice Minister to introduce “ with the words “the Minister of Justice consider“.

 

After debate, the question was put on the motion, as amended, and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

 

At 12:53 p.m., the Committee adjourned to the call of the Chair.

 



Bernard G. Fournier
Clerk of the Committee

 
 
2005/11/10 8:50 a.m.