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39th PARLIAMENT, 1st SESSION

Journals No. 80 Thursday, November 9, 2006 10:00 a.m.

Prayers

Daily Routine Of Business

Presenting Reports from Interparliamentary Delegations

Pursuant to Standing Order 34(1), presented the report of the Canadian delegation of the Canada-Europe Parliamentary Association respecting its participation at the meeting of the Committee on the Environment, Agriculture and Local and Regional Affairs of the Parliamentary Assembly of the Council of Europe, held in Paris, France, on June 9, 2006. — Sessional Paper No. 8565-391-51-06.

Presenting Reports from Committees

Mr. Goodyear (Cambridge), from the Standing Committee on Procedure and House Affairs, presented the 21st Report of the Committee, which was as follows:

The Committee recommends, pursuant to Standing Order 113(1), that the list of members for the Legislative Committee on Bill C-27 be as follows:

Members (12)
Sue Barnes Mauril Bélanger Bill Casey Joe Comartin Patricia Davidson Wayne Easter	Ed Fast Marc Lemay Réal Ménard Rob Moore Brian Murphy Rick Norlock

A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled.

Pursuant to Standing Order 113(1), the report was deemed concurred in.

Mr. Benoit (Vegreville—Wainwright), from the Standing Committee on International Trade, presented the Fourth Report of the Committee (Bill C-24, An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence, with amendments). — Sessional Paper No. 8510-391-100.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 32 to 36) was tabled.

Mr. Richardson (Calgary Centre), from the Standing Committee on Natural Resources, presented the Third Report of the Committee (Supplementary Estimates (A) 2006-2007 — Votes 1a, 10a, 15a, 20a and 30a under NATURAL RESOURCES). — Sessional Paper No. 8510-391-101.

A copy of the relevant Minutes of Proceedings (Meeting No. 22) was tabled.

Introduction of Private Members' Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. Dewar (Ottawa Centre), seconded by Mr. Stoffer (Sackville—Eastern Shore), Bill C-381, An Act to amend the National Capital Act (appointments and meetings), was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Motions

By unanimous consent, it was resolved, — That the 20th Report of the Standing Committee on Procedure and House Affairs, presented on Wednesday, November 8, 2006, be concurred in.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

— by , two concerning literacy (Nos. 391-0604 and 391-0605);

— by , one concerning immigration (No. 391-0606) and one concerning literacy (No. 391-0607);

— by , two concerning literacy (Nos. 391-0608 and 391-0609);

— by , one concerning the sexual exploitation of minors (No. 391-0610);

— by , one concerning Afghanistan (No. 391-0611) and one concerning literacy (No. 391-0612);

— by , one concerning literacy (No. 391-0613);

— by , one concerning Afghanistan (No. 391-0614);

— by , two concerning literacy (Nos. 391-0615 and 391-0616);

— by , one concerning unborn children (No. 391-0617);

— by , one concerning literacy (No. 391-0618);

— by , one concerning literacy (No. 391-0619);

— by , one concerning literacy (No. 391-0620);

— by , two concerning literacy (Nos. 391-0621 and 391-0622);

— by , three concerning literacy (Nos. 391-0623 to 391-0625).

Government Orders

The House resumed consideration of the motion of Mr. Toews (Minister of Justice), seconded by Ms. Finley (Minister of Human Resources and Social Development), — That Bill C-17, An Act to amend the Judges Act and certain other Acts in relation to courts, be now read a third time and do pass.

The debate continued.

Motions

By unanimous consent, it was ordered, — That, at the conclusion of debate today on Bill C-17, An Act to amend the Judges Act and certain other Acts in relation to courts, the vote on third reading of the Bill be deferred to Tuesday, November 21, 2006, at 5:30 p.m.

Government Orders

The debate continued.

The question was put on the motion and, pursuant to Order made earlier today, the recorded division was deferred until Tuesday, November 21, 2006, at 5:30 p.m.

The House resumed consideration of the motion of Mr. Toews (Minister of Justice), seconded by Mr. Chong (President of the Queen's Privy Council for Canada, Minister of Intergovernmental Affairs and Minister for Sport), — That Bill C-27, An Act to amend the Criminal Code (dangerous offenders and recognizance to keep the peace), be now read a second time and referred to a legislative committee.

The debate continued.

Ways and Means

Mr. Nicholson (Leader of the Government in the House of Commons and Minister for Democratic Reform) laid upon the Table, — Notice of a Ways and Means motion to introduce an Act to amend the Income Tax Act, including amendments in relation to foreign investment entities and non-resident trusts, and to provide for the bijural expression of the provisions of that Act. (Ways and Means No. 11) — Sessional Paper No. 8570-391-14.

Pursuant to Standing Order 83(2), at the request of Mr. Nicholson (Leader of the Government in the House of Commons and Minister for Democratic Reform), an Order of the Day was designated for the consideration of this Ways and Means motion.

Government Orders

The debate continued.

Statements By Members

Pursuant to Standing Order 31, Members made statements.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Motions

By unanimous consent, it was ordered, — That, notwithstanding the Standing Orders or usual practice of the House, Bill C-25, An Act to amend the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Income Tax Act and to make a consequential amendment to another Act be amended as follows: Clause 38 be replaced with the following:

“38. Section 72 of the Act is replaced by the following:

72. (1) Every five years beginning on the day on which this section comes into force, the administration and operation of this Act shall be reviewed by the committee of the House of Commons, of the Senate or of both Houses that is designated or established for that purpose.

(2) Every two years beginning on the day on which this section comes into force, the Privacy Commissioner, appointed under section 53 of the Privacy Act, shall review the measures taken by the Centre to protect information it receives or collects under this Act and shall, within three months after the review, submit a report on those measures to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides without delay after receiving it or, if that House is not then sitting, on any of the first 15 days on which that House is sitting after the Speaker receives it.” ;

that the motion to concur in the report stage be deemed put and adopted;

that, when Bill C-25, An Act to amend the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Income Tax Act and to make a consequential amendment to another Act is called for debate on Friday, November 10, 2006, and after no more than one speaker from each of the recognized parties have spoken at the third reading stage, the bill be deemed read a third time and passed; and

that, after Bill C-25 has been adopted at third reading and provided that Routine Proceedings has already taken place, the House proceed immediately to Private Members' Business.

Accordingly, the Bill, as amended, was concurred in at report stage with a further amendment.

By unanimous consent, it was ordered, — That the debate pursuant to Standing Order 51(1) be deemed to have taken place.

By unanimous consent, it was ordered, — That, notwithstanding any Standing Order, when the House adjourns on November 29, 2006, it shall stand adjourned until December 4, 2006;

that, notwithstanding Standing Order 54, during the adjournment of November 29 to December 4, 2006, the time provided for the filing with the Clerk of any notice be no later than 2:00 p.m. on Friday, December 1, 2006; and

that, notwithstanding any Standing or Special Order, there shall be two remaining allotted days in the current supply period, one allotted to the Bloc Québécois and one allotted to the Liberal Party.

Government Orders

The debate continued.

Motions

By unanimous consent, it was ordered, — That, in relation to its study of Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, twelve members of the Standing Committee on Justice and Human Rights be authorized to travel to Toronto, Ontario, on November 23, 2006, and that the necessary staff do accompany the Committee members.

By unanimous consent, it was ordered, — That, in relation to its study of the challenges facing the Canadian manufacturing sector, twelve members of the Standing Committee on Industry, Science and Technology be authorized to travel to Halifax, Nova Scotia, Montréal and Granby, Quebec, Oshawa, Toronto and Windsor, Ontario, and Edmonton, Alberta, from November 20 to 24, 2006, and that the necessary staff do accompany the Committee members.

Government Orders

The debate continued.

Private Members' Business

At 5:31 p.m., pursuant to Standing Order 30(7), the House proceeded to the consideration of Private Members' Business.

The House resumed consideration of the motion of Mr. Wallace (Burlington), seconded by Mr. Van Kesteren (Chatham-Kent—Essex), — That Bill C-279, An Act to amend the DNA Identification Act (establishment of indexes), be now read a second time and referred to the Standing Committee on Justice and Human Rights.

The debate continued.

Motions

By unanimous consent, it was ordered, — That Bill C-279, An Act to amend the DNA Identification Act (establishment of indexes), be referred after second reading to the Standing Committee on Public Safety and National Security as opposed to the Standing Committee on Justice and Human Rights.

Private Members' Business

The debate continued.

The question was put on the motion and, pursuant to Standing Order 93(1), the recorded division was deferred until Wednesday, November 22, 2006, immediately before the time provided for Private Members' Business.

Messages from the Senate

A message was received from the Senate as follows:

— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability, with the following amendments:

1. Clause 2, page 3: Replace line 35 with the following:

"missioner;

(d.1) a ministerial appointee whose appointment is approved by the Governor in Council; and".

2. Clause 2, page 4: Replace line 5 with the following:

"Governor in Council may appoint a person, but does not include the Senate or the House of Commons.".

3. Clause 2, page 4:

(a) Replace line 20 with the following:

"(d) a Governor in Council appointee, or a ministerial appointee whose appointment is approved by the Governor in Council, who"; and

(b) Replace line 24 with the following:

"(e) a Governor in Council appointee, or a ministerial appointee whose appointment is approved by the Governor in Council, who".

4. Clause 2, page 5:

(a) Replace lines 26 and 27 with the following:

"4. (1) For the purposes of this Act, a public office holder is in an actual conflict of interest when he", and

(b) Add after line 32 the following:

"(2) For the purposes of this Act, a public office holder is in a potential conflict of interest when the public office holder’s ability to exercise an official power, duty or function could be influenced by his or her private interests or those of his or her relatives or friends, or could be improperly influenced by another person’s private interests.

(3) For the purposes of this Act, a public office holder is in an apparent conflict of interest when there is a reasonable perception, which a reasonably well-informed person could properly have, that the public office holder’s ability to exercise an official power, duty or function must have been influenced by his or her private interests or those of his or her relatives or friends, or must have been improperly influenced by another person’s private interests.".

5. Clause 2, page 6:

(a) Replace lines 3 and 4 with the following:

"prevent the public office holder from being in an actual, apparent or potential conflict of interest.";

(b) Replace lines 10 and 11 with the following:

"the decision, he or she would be in an actual, apparent or potential conflict of interest.".

6. Clause 2, page 6:

(a) Replace line 5 with the following:

"6. No public office holder shall make a"; and

(b) Delete lines 12 to 17.

7. Clause 2, page 7: Replace line 9 with the following:

"(b) that is given by a relative or close personal friend; or".

8. Clause 2, page 9: Replace lines 39 and 40 with the following:

"it would place the public office holder in an actual, apparent or potential conflict of interest.".

9. Clause 2, page 12: Replace line 10 with the following:

"he or she would be in an actual, apparent or potential conflict of interest.".

10. Clause 2, page 13: Replace line 37 with the following:

"in a 12-month period, the reporting.".

11. Clause 2, page 14: Replace line 16 with the following:

"recused himself or herself to avoid an actual, apparent or potential conflict of".

12. Clause 2, page 14: Replace line 21 with the following:

"identify the actual, apparent or potential conflict of interest that was avoided.".

13. Clause 2, page 14: Replace line 24 with the following:

"is appointed as a public office holder,".

14. Clause 2, page 15: Replace line 1 with the following:

"or more, other than one from a relative,".

15. Clause 2, page 18: Replace line 25 with the following:

"actual, apparent or potential conflict of interest in relation to the reporting".

16. Clause 2, page 22:

(a) Replace line 1 with the following:

"38. (1) The Commissioner may, on application, exempt"; and

(b) Replace lines 22 to 27 with the following:

"(3) The decision made by the Commissioner shall be communicated in writing to the person who applied for the exemption.

(4) If the Commissioner has granted an exemption in accordance with this section, the Commissioner shall publish the decision and the reasons in the public registry maintained under section 51.".

17. Clause 2, page 24: Replace, in the English version, line 4 with the following:

"a person under section 39 affects any obligation or".

18. Clause 2, page 24:

(a) Replace line 7 with the following:

"43. (1) In addition to carrying out his or her";

(b) Replace line 10 with the following:

"(a) provide advice to the Prime"; and

"(2) Subject to subsection (4), advice under paragraph (1)(a) may be provided on a confidential basis.

(3) If, in the course of responding to a request by the Prime Minister for advice under paragraph (1)(a), the Commissioner concludes that a public office holder has contravened this Act, the Commissioner shall provide the Prime Minister with a report setting out the facts in relation to the contravention as well as the Commissioner’s analysis and conclusions.

(4) The Commissioner shall, at the same time that the report is provided under subsection (3) to the Prime Minister, provide a copy of it to the public office holder who is the subject of the report and make the report available to the public.".

19. Clause 2, page 25: Delete lines 4 to 21.

20. Clause 2, page 25:

(a) Replace line 22 with the following:

"(7) Subject to subsection (8.1), the Commissioner shall provide the"; and

(b) Replace lines 26 to 31 with the following:

"request.

(8) Subject to subsection (8.1), the Commissioner shall, at the same time".

21. Clause 2, page 25: Replace, in the English version, line 32 with the following:

"that the report is provided under subsection (7),".

22. Clause 2, page 25: Add after line 37 the following:

"(8.1) If the Commissioner determines that the request was frivolous or vexatious or was made in bad faith or the examination of the matter was discontinued under subsection (3), the Commissioner shall provide the report only to the member who made the request and the public office holder or former public office holder who is the subject of the request, and shall not make the report available to the public.".

23. Clause 2, page 26:

(a) Replace lines 15 and 16 with the following:

"46. Before providing advice under paragraph 43(1)(a) or a report under section 43,";

(b) Replace line 22 with the following:

"out in a report under section 43, 44 or 45 that a"; and

"48. (1) For the purposes of paragraph 43(1)(a)".

24. Clause 2, page 27: Replace line 17 with the following:

"43, 44 or 45; or".

25. Clause 2, page 28: Replace line 16 with the following:

"section 86 of the Parliament of Canada".

26. Clause 2, page 28: Add after line 26 the following:

"(c.1) decisions on exemption applications under section 38 and the accompanying reasons;".

27. Clause 2, page 28: Replace line 35 with the following:

"recusal under subsection 25(1) or section 30,".

28. Clause 2, page 31:

(a) Replace line 38 with the following:

"later than two years after the day on which the"; and

(b) Replace line 40 with the following:

"matter of the proceedings and, in any case, not later than five years after the day on which the subject-matter of the proceedings arose.".

29. Clause 2, page 32: Replace lines 23 to 25 with the following:

"64. (1) Nothing in this Act prohibits a member of the Senate or the House of Commons who is a public office holder or former public office holder from engaging in those".

30. Clause 2, page 32: Replace lines 29 and 30 with the following:

"(2) Nothing in this Act abrogates or".

31. Clause 2, page 32:

(a) Replace line 35 with the following:

"at any time within but not later than two years"; and

(b) Replace line 39 with the following:

"five years after the day on which the subject-".

32. Clause 2, page 33: Replace lines 7 and 8 with the following:

"67. (1) Within five years after this section comes into force, a comprehensive review".

33. Clause 3, page 35, line 4: Replace in the French version with the following:

"aux conflits d’intérêts et à l’éthique en conformité avec l’article 44 de".

34. Clause 3:

(a) Page 33:

(i) Replace lines 26 and 27 with the following:

"tion in the office of the Ethics Commissioner", and

(ii) Delete line 40; and

(b) Page 34:

(i) Replace lines 1 and 2 with the following:

"(3) Every reference to the Ethics Commissioner in any",

(ii) Replace, in the English version, line 4 with the following:

"other document executed by that person is",

(iii) Replace lines 9 and 10 with the following:

"administrative proceeding to which the Ethics Commis-",

(iv) Replace line 17 with the following:

"Ethics Commis-", and

(v) Replace lines 21 to 23 with the following:

"possession or control of the Ethics Commissioner relating to the exercise of his or her powers, duties and".

35. Clause 4, page 35: Replace line 34 with the following:

"Commissioner or Senate Ethics Officer".

36. Clause 5, page 36:

(a) Replace lines 5 and 6 with the following:

"committee or member of either House, the Senate Ethics Officer or the Conflict of Interest and Ethics Commissioner"; and

(b) Replace line 8 with the following:

"powers referred to in section 86 of the".

37. Clause 7, page 36:

(a) Replace line 19 with the following:

"(c) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of";

(b) Replace line 24 with the following:

"er of the House of Commons,"; and

"Commons, Library of Parliament, office of the Senate Ethics Officer and office".

38. Clause 10, page 37:

(a) Replace line 14 with the following:

"House of Commons, Library of Parliament, office of the Senate Ethics Officer or"; and

(b) Replace line 21 with the following:

"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest".

39. Clause 11, page 37: Replace line 27 with the following:

"of Parliament, office of the Senate Ethics Officer and office of the Conflict of".

40. Clause 12, page 38:

(a) Replace line 3 with the following:

"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest";

(b) Replace, in the English version, line 8 with the following:

"Commons, Library of Parliament, office of the Senate Ethics Officer or office of the";

"ment, office of the Senate Ethics Officer or office of the Conflict of Interest and";

(d) Replace, in the English version, line 17 with the following:

"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict";

(e) Replace, in the English version, line 22 with the following:

"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest";

(f) Replace line 25 with the following:

"House of Commons, Library of Parliament, office of the Senate Ethics Officer or";

(g) Replace, in the English version, line 33 with the following:

"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of";

(h) Replace line 39 with the following:

"House of Commons, Library of Parliament, office of the Senate Ethics Officer or"; and

(i) Replace, in the English version, line 44 with the following:

"Commons, Library of Parliament, office of the Senate Ethics Officer or office of the".

41. Clause 13, page 39:

(a) Replace line 7 with the following:

"Commons, Library of Parliament, office of the Senate Ethics Officer or office";

(b) Replace, in the English version, line 20 with the following:

"Parliament, office of the Senate Ethics Officer or office of the Conflict of";

"Parliament, office of the Senate Ethics Officer or office of the Conflict of"; and

(d) Replace, in the English version, line 41 with the following:

"of Commons, Library of Parliament, office of the Senate Ethics Officer or".

42. Clause 14, page 40:

(a) Replace line 5 with the following:

"of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest"; and

(b) Replace, in the English version, line 14 with the following:

"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest".

43. Clause 15:

(a) Page 40:

(i) Replace line 22 with the following:

"of Commons, Library of Parliament, office of the Senate Ethics Officer or office of",

(ii) Replace, in the English version, line 28 with the following:

"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict",

(iii) Replace, in the English version, line 36 with the following:

"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of", and

(iv) Replace line 41 with the following:

"House of Commons, Library of Parliament, office of the Senate Ethics Officer or"; and

(b) Page 41:

(i) Replace line 3 with the following:

"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest", and

(ii) Replace, in the English version, line 9 with the following:

"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of".

44. Clause 16, page 41: Replace line 19 with the following:

"mons, Library of Parliament, office of the Senate Ethics Officer or office of the".

45. Clause 17, page 41: Replace line 27 with the following:

"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of".

46. Clause 18, page 41: Replace line 35 with the following:

"House of Commons, Library of Parliament, office of the Senate Ethics Officer or".

47. Clause 19, page 42: Replace line 6 with the following:

"of Parliament, office of the Senate Ethics Officer or office of the Conflict of".

48. Clause 20, page 42: Replace line 15 with the following:

"(c.1) the office of the Senate Ethics Officer and the office of the Conflict of Interest and".

49. Clause 21, page 43: Replace line 3 with the following:

"House of Commons, Library of Parliament, office of the Senate Ethics Officer or".

50. Clause 22, page 43:

(a) Replace line 15 with the following:

"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of"; and

(b) Replace line 21 with the following:

"Commons, Library of Parliament, office of the Senate Ethics Officer or office of".

51. Clause 23, page 43: Replace line 36 with the following:

"Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of".

52. Clause 24, page 44: Replace line 3 with the following:

"Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest".

53. Clause 25, page 44: Replace line 14 with the following:

"Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest".

54. Clause 26, page 44: Replace lines 19 to 21 with the following:

"26. Subsection 20.5(4) of the Parliament of Canada Act is replaced by the following:

(4) For greater certainty, the administration of the Conflict of Interest Act in respect of public office holders who are ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee.".

55. Clause 28:

(a) Page 44:

(i) Replace line 31 with the following:

"recognized party in the House of", and

(ii) Replace lines 33 and 34 with the following:

"resolution of that House.";

(b) Page 45: Replace line 19 with the following:

"Council on address of the House of";

(i) Replace lines 26 and 27 with the following:

"shall be considered by the Speaker of the House of Commons and",

(ii) Replace line 34 with the following:

"sioner referred to in sections 86 and 87; and", and

(iii) Delete lines 39 to 44;

(d) Page 47:

(i) Delete lines 1 to 23, and

(ii) Replace line 24 with the following:

"86. (1) The Commissioner shall perform the"; and

(e) Page 48:

(i) Add after line 7 the following:

"86.1 (1) The Commissioner, or any person acting on behalf or under the direction of the Commissioner, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Commissioner under this Act.

(2) No criminal or civil proceedings lie against the Commissioner, or any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commissioner under this Act.

(3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Commissioner may otherwise enjoy.",

(ii) Replace line 8 with the following:

"87. The Commissioner shall, in relation to",

(iii) Replace line 12 with the following:

"88. (1) Personal information collected by the",

(iv) Replace line 23 with the following:

"89. The Commissioner may authorize any",

(v) Replace line 30 with the following:

"90. (1) Within three months after the end of",

(vi) Delete lines 32 to 35,

(vii) Replace lines 36 and 37 with the following:

"(a) a report on his or her activities under section 86 for that year to the Speaker of the", and

(viii) Replace lines 40 and 41 with the following:

"(b) a report on his or her activities under section 87 for that year to the Speaker of the".

56. Clause 28, page 46: Replace line 29 with the following:

"Board, who shall lay it before the".

57. Clause 29, page 49: Replace line 12 with the following:

"Parliament, office of the Senate Ethics Officer and office of the Conflict of".

58. Clause 30, page 49: Replace line 17 with the following:

"of Parliament, office of the Senate Ethics Officer or office of the Conflict of".

59. Clause 31:

(a) Page 49: Replace line 20 to 22 with the following:

"of the Act is amended by replacing paragraph (e) with the"; and

(b) Page 50: Replace line 1 with the following:

"(e) the office of the Conflict of Interest and".

60. Clause 32, page 50: Replace lines 4 to 6 with the following:

"32. Paragraph 85(c.2) of the Act is replaced by the following:

(c.2) the office of the Conflict of Interest and".

61. Clause 33, page 50: Replace line 20 with the following:

"Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest".

62. Clause 34:

(a) Page 50: Replace line 31 with the following:

"Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest"; and

(b) Page 51: Replace line 1 with the following:

"ment, office of the Senate Ethics Officer or office of the Conflict of Interest and".

63. Clause 35, page 51: Replace, in the English version, line 20 with the following:

"a person under section 39 affects any obligation or".

64. Clause 37:

(a) Page 51:

(i) Replace lines 36 and 37 with the following:

"into force and the day on which section 24 of the Public Servants Disclosure", and

(ii) Replace line 41 with the following:

"adding the following after section 67:"; and

(b) Page 52: Replace lines 1 and 2 with the following:

"68. If a matter is referred to the Commissioner under subsection 24(2.1) of the Public".

65. Clause 38, page 52:

(a) Replace line 25 with the following:

"committee or member of either House, the Senate Ethics Officer or the"; and

(b) Replace lines 28 and 29 with the following:

"powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act.".

66. Clause 40, page 56: Replace, in the French version, line 13 with the following:

"a) dont il sait ou devrait normalement savoir qu’elle contient des rensei-".

67. Clause 44, page 58: Add after line 5 the following:

"(4) Section 404.2 of the Act is amended by adding the following after subsection (6):

(7) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual, biennial or leadership convention of a particular registered party is a contribution to that party.".

68. Clause 46:

(a) Page 58:

(i) Replace line 30 with the following:

"(a) $2,000 in total in any calendar year to a",

(ii) Replace line 32 with the following:

"(a.1) $2,000 in total in any calendar year to",

(iii) Replace line 36 with the following:

"(b) $2,000 in total to a candidate for a", and

(iv) Replace line 39 with the following:

"(c) $2,000 in total to the leadership contest-"; and

(b) Page 59:

(i) Replace line 15 with the following:

"(a) contributions that do not exceed $2,000",

(ii) Replace line 20 with the following:

"(b) contributions that do not exceed $2,000", and

(iii) Replace line 25 with the following:

"(c) contributions that do not exceed $2,000".

69. Clause 46:

(a) Page 58: Add after line 40 the following:

"(1.1) In respect of any calendar year in which two or more general elections are held, the limits under paragraphs (1)(a) and (a.1) are the amounts set out in those paragraphs multiplied by the number of general elections held in that calendar year."; and

(b) Page 59: Add after line 28 the following:

"(4) Section 405 of the Act is amended by adding the following after subsection (4):

(4.1) In respect of any calendar year in which a nomination contestant or candidate of a registered party campaigns as a nomination contestant or candidate in two or more general elections, the contribution amount referred to in paragraph (4)(a) is the amount set out in that paragraph multiplied by the number of general elections in which the nomination contestant or candidate campaigned in that calendar year.".

70. Clause 56:

(a) Page 63: Replace line 20 with the following:

"required period) or paragraph 92.6(b) (pro-";

(b) Page 64:

(i) Replace line 5 with the following:

"92.6(a) (providing statement containing", and

(ii) Replace line 7 with the following:

"ingly contravenes paragraph 92.6(b) (pro-".

71. Clause 59, page 64:

(a) Replace line 31 with the following:

"later than two years after the day on which the"; and

(b) Replace line 34 with the following:

"than seven years after the day on which the offence".

72. Clause 67, Page 66:

(a) Replace line 13 with the following:

""designated public office holder" means"; and

(b) Replace lines 18 and 19 with the following:

"(b) any other public office holder who, in a department within the meaning of paragraph (a), (a.1) or (d) of the definition "department" in section 2 of the Financial Admin-".

73. Clause 67, page 67: Replace line 2 with the following:

"to (4), as if the person were a designated public".

74. Clause 69, page 69: Replace line 19 with the following:

"(g) the fact that the undertaking does not provide for any".

75. Clause 69, page 69: Replace lines 30 to 32 with the following:

"the individual as a designated public office holder and the date on which the individual last ceased to hold such a designated public office;".

76. Clause 69, page 70: Replace lines 4 to 6 with the following:

"month involving a designated public office holder and relating to the undertaking,

(i) the name of the designated public office".

77. Clause 70, page 72: Replace lines 38 and 39 with the following:

"month involving a designated public office holder,

(i) the name of the designated public office".

78. Clause 70, page 72: Replace lines 7 to 9 with the following:

"qualified the employee as a designated public office holder and the date on which the employee last ceased to hold such a designated".

79. Clause 73, page 74: Replace line 22 with the following:

"present or former designated public office holder".

80. Clause 73, page 74: Replace line 30 with the following:

"(2) The Commissioner shall, in a report under".

81. Clause 73, page 74: Replace, in the English version, line 32 with the following:

"present or former designated public office holder to".

82. Clause 75, page 75:

(a) Replace line 13 with the following:

"individual ceases to be a designated public office"; and

(b) Replace line 42 with the following:

"(a) was a designated public office holder for a".

83. Clause 75, page 75: Replace line 21 with the following:

"that organization if carrying on those activities would constitute a significant part of the individual’s work on its behalf; and".

84. Clause 75:

(a) Page 75: Replace, in the English version, line 29 with the following:

"of any designated public office that was held only"; and

(b) Page 76: Replace, in the English version, line 1 with the following:

"(b) was a designated public office holder on an".

85. Clause 75, page 76: Add, after line 8, the following:

"10.111 No individual who has a contract for services with a department or other governmental organization, and no individual who is employed by an organization or corporation that has a contract for services with a department or other governmental organization, shall carry on, in relation to a public office holder who is employed by or serves in that department or governmental organization, for a period of five years after the day on which the contract ends,

(a) any of the activities referred to in paragraph 5(1)(a) or (b) in the circumstances referred to in subsection 5(1); or

(b) any of the activities referred to in paragraph 7(1)(a) on behalf of an organization or corporation, if carrying on those activities would constitute a significant part of the individual’s work on its behalf.".

86. Clause 75, page 76: Replace line 10 with the following:

"Act as if they were a designated public office holder".

87. Clause 79, page 80: Replace lines 16 to 22 with the following:

"any position occupied by a public office holder as a position occupied by a designated public office holder for the purposes of paragraph (c) of the definition "designated public office holder" in subsection 2(1) if, in the opinion of the Governor in Council, doing so is necessary for the purposes of this Act;".

88. New clause 79.1, page 80: Add after line 22 the following:

"79.1 The Act is amended by adding the following after section 13:

PROHIBITION

13.1 No individual shall obstruct the Commissioner or any person acting on behalf or under the direction of the Commissioner in the performance of the Commissioner’s duties and functions under this Act.".

89. Clause 80, page 81:

(a) Replace line 7 with the following:

"than two years after the day on which the"; and

(b) Replace line 10 with the following:

"later than five years after the day on which the".

90. Clause 80, page 81:

(a) Replace line 12 with the following:

"14.01 (1) If a person is convicted of an offence"; and

(b) Add after line 22 the following:

"(2) Any person who fails to comply with a prohibition of the Commissioner under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.".

91. Clause 88, page 83: Replace line 35 with the following:

"designated public office holder with the rank of".

92. Delete clause 89, pages 85 to 86.

93. Clause 99, page 88: Replace, in the English version, line 25 with the following:

"41.3 (1) If a trust disclosed by a member of the House of Commons".

94. Clause 101, page 91: Replace line 16 with the following:

"House of Commons, Library of Parliament, office of the Senate Ethics Officer or".

95. Clause 106, page 92: Replace lines 39 and 40 with the following:

"(c) special adviser to a minister.".

96. Clause 107, page 93:

(a) Replace line 7 with the following:

"107. (1) A person referred to in subsection"; and

(b) Add after line 16 the following:

"(2) A person who, on the coming into force of this section, is employed in the circumstances described in subsection 41(2) or (3) of the Public Service Employment Act, as it read immediately before the coming into force of subsection 103(1) of this Act, and who would have had priority for appointment in accordance with subsection 41(2) or (3) if the person had ceased to be so employed immediately before the coming into force of subsection 103(1), shall be given priority for appointment in accordance with subsection 41(2) or (3), as the case may be, when they cease to be so employed.

(3) For the purposes of subsections (1) and (2), priority for appointment under subsection 41(2) or (3) of the Public Service Employment Act, as it read immediately before the coming into force of subsection 103(1) of this Act, shall be determined as if sections 100 and 102 to 105 of this Act had not been enacted.".

97. Clause 108, page 93: Replace, in the English version, line 37 with the following:

"of that province to those provisions.".

98. Clause 108, page 94: Replace lines 1 to 4 with the following:

"(4) Sections 41 to 43, subsections 44(3) and (4) and sections 45 to 55, 57 and 60 to 64 come into force on January 1 of the year following the year in which this Act receives royal assent.

(4.1) Sections 63 and 64 do not apply in respect of monetary contributions made before the day on which those sections come into force.".

99. Clause 110, page 95: Replace lines 5 and 6 with the following:

"commission under the Great Seal, appoint an Auditor General of Canada".

100. Clause 116, page 97: Replace line 26 with the following:

"(3) The Governor in Council shall select the".

101. Clause 116, page 97: Replace line 29 with the following:

"the Leader of the Government in the Senate and the Leader of the Government in the House of".

102. Clause 116, page 97: Replace lines 30 and 31 with the following:

"Commons, by a committee composed of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, the Leader of the Government in the House of Commons, the Leader of the Opposition in the House of Commons, and the Parliamentary Librarian.".

103. Clause 116, page 97: Replace line 37 with the following:

"(a) provide independent analysis to the Senate".

104. Clause 116, page 98:

(a) Replace line 3 with the following:

"that committee into the"; and

(b) Replace lines 26 to 32 with the following:

"those estimates; and

(d) when requested to do so by a member of".

105. Clause 116:

(a) Page 98: Replace, in the English version, line 47 with the following:

"of this section, to free and timely access"; and

(b) Page 99: Replace, in the French version, line 1 with the following:

"connaissance, gratuitement et en temps opportun, de".

106. Clause 120, page 102:

(a) Delete lines 22 and 23; and

(b) Delete lines 27 to 30.

107. Clause 121, page 105: Replace lines 19 and 20 with the following:

"(a.1) a person named by the leader in the Senate of each recognized party in that House;

(b) a person named by the leader in the House of Commons of each recognized party in that House;".

108. Clause 121, page 105: Replace lines 27 to 34 with the following:

"(2) The selection committee shall identify and assess candidates for appointment to the office of Director, each of whom must be a member of at least 10 years’ standing at the bar of any province, and the committee shall recommend to the Attorney General three assessed candidates whom it considers suitable for appointment.".

109. Clause 121:

(a) Page 105: Replace lines 41 and 42 with the following:

"to a committee of the Senate, of the House of Commons or of both Houses of Parliament designated or established for that purpose."; and

(b) Page 106:

(i) Replace line 2 with the following:

"committee referred to in subsection (4) gives its approval,", and

(ii) Replace, in the English version, line 5 with the following:

"or, if the committee does not give".

110. Clause 121, page 106: Replace line 13 with the following:

"Senate and House of Commons to that effect. The Director".

111. Clause 142, page 117: Replace line 10 with the following:

"applies to any of its wholly-owned subsidiaries within the".

112. Clause 143, page 117: Replace line 40 with the following:

"regulations, provide timely access to the record in the".

113. Clause 144, page 118:

(a) Replace lines 13 and 14 with the following:

"(c) the Information Commissioner;

(d) the Privacy Commissioner; and

(e) the Commissioner of Lobbying."; and

(b) Replace line 16 with the following:

"institution referred to in any of paragraphs (1)(a) to (e)".

114. Clause 145, page 118: Replace line 29 with the following:

"Elections Act, the Chief Electoral Officer may".

115. Clause 147, page 119:

(a) Replace lines 24 and 25 with the following:

"Board;

(d) VIA Rail Canada Inc.; or

(e) the Canada Foundation for Sustainable Development Technology."; and

(b) Replace line 32 with the following:

"(e); or".

116. Clause 148, page 120: Add after line 10 the following:

"20.3 The head of the Canada Foundation for Sustainable Development Technology shall refuse to disclose a record requested under this Act that contains advice or information obtained in confidence by the Foundation relating to applications for funding, eligible projects or eligible recipients, within the meaning of the Canada Foundation for Sustainable Development Technology Act, if the Foundation has consistently treated the advice or information as confidential.".

117. Clause 148, page 120: Add before line 11 the following:

"20.4 The head of the National Arts Centre Corporation shall refuse to disclose a record requested under this Act if the disclosure would reveal the terms of a contract for the services of a performing artist or the identity of a donor who has made a donation in confidence and if the Corporation has consistently treated the information as confidential.".

118. Clause 150, page 120: Replace line 37 with the following:

"government institution or any related audit working paper if a final report of the".

119. New clause 150.1, page 120: Add after line 41 the following:

"150.1 The Act is amended by adding the following after section 26:

26.1 Despite any other provision of this Act, the head of a government institution may disclose all or part of a record to which this Act applies if the head determines that the public interest in the disclosure clearly outweighs in importance any loss, prejudice or harm that may result from the disclosure. However, the head shall not disclose under this section any information that relates to national security.".

120. Clause 159, page 123: Add, in the English version, after line 14 the following:

"68.3 This Act does not apply to any information that was already under the control of the following Foundations before the coming into force of section 166 of the Federal Accountability Act:

(a) the Asia-Pacific Foundation of Canada;

(b) the Canada Foundation for Innovation;

(d) the Canada Millennium Scholarship Foundation; and

(e) The Pierre Elliott Trudeau Foundation.

68.4 This Act does not apply to any information that was already under the control of the Office of the Auditor General of Canada before the coming into force of section 167 of the Federal Accountability Act.

68.5 This Act does not apply to any information that was already under the control of the Office of the Chief Electoral Officer before the coming into force of section 168 of the Federal Accountability Act.

68.6 This Act does not apply to any information that was already under the control of the Office of the Commissioner of Official Languages before the coming into force of section 169 of the Federal Accountability Act.

68.7 This Act does not apply to any information that was already under the control of the Office of the Information Commissioner before the coming into force of section 170 of the Federal Accountability Act.

68.8 This Act does not apply to any information that was already under the control of the Office of the Privacy Commissioner before the coming into force of section 171 of the Federal Accountability Act.".

121. Delete clause 165, page 126.

122. New clause 172.01, page 127: Add after line 31 the following:

"172.01 Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Canada Elections Act

Loi électorale du Canada

and a corresponding reference to "section 540".".

123. Delete clause 172.1, page 127.

124. New clause 179.1, page 131: Add before line 17 the following:

"179.1 The definition "government institution" in section 2 of the Library and Archives of Canada Act is replaced by the following:

"government institution" has the same meaning as in section 3 of the Access to Information Act or in section 3 of the Privacy Act or means an institution designated by the Governor in Council.".

125. Clause 180, page 131: Replace lines 17 and 18 with the following:

"180. The Act is amended by adding the following after".

126. Clause 182, page 132: Replace line 32 with the following:

"applies to any of its wholly-owned subsidiaries within the".

127. Clause 191:

(a) Page 136: Add after line 43 the following:

"Asia-Pacific Foundation of Canada

Fondation Asie-Pacifique du Canada"; and

(b) Page 137: Add after line 7 the following:

"The Pierre Elliott Trudeau Foundation

La Fondation Pierre-Elliott-Trudeau".

128. Clause 194, page 137: Add after line 27 the following:

"(2.1) Paragraph (d) of the definition "protected disclosure" in subsection 2(1) of the Act is replaced by the following:

(d) when lawfully permitted or required to do so.".

129. Clause 194, page 137: Add after line 36 the following:

"(3.1) The definition "reprisal" in subsection 2(1) of the Act is amended by striking out the word "and" at the end of paragraph (d) and by replacing paragraph (e) with the following:

(e) any other measure that may adversely affect, directly or indirectly, the public servant; and

(f) a threat to take any of the measures referred to in any of paragraphs (a) to (e).".

130. Clause 194, page 138: Add after line 12 the following:

"(4.1) The portion of the definition "public sector" in subsection 2(1) of the Act after paragraph (c) is replaced by the following:

However, subject to sections 52 and 53, "public sector" does not include the Canadian Forces.".

131. New clause 200.1, page 139: Add after line 43 the following:

"200.1 Subsection 16(2) of the Act is repealed.".

132. Clause 201, page 140: Add before line 7 the following:

"19.01 For the purposes of the provisions of this Act relating to complaints in relation to a reprisal, any administrative or disciplinary measure taken against a public servant within one year after the public servant makes a disclosure concerning a particular matter under any of sections 12 to 14 shall be presumed, in the absence of a preponderance of evidence to the contrary, to be a reprisal.".

133. Clause 201:

(a) Page 140: Replace line 16 with the following:

"one year after the day on which the complainant"; and

(b) Page 141:

(i) Replace line 1 with the following:

"(b) the complaint is filed within one year after", and

(ii) Replace line 13 with the following:

"within one year after the later of".

134. Clause 201, page 154: Replace lines 39 and 40 with the following:

"(f) compensate the complainant for any".

135. Clause 203, page 159: Replace, in the English version, line 7 with the following:

"an investigation;".

136. Clause 203, page 160:

(a) Replace line 30 with the following:

"constitute a wrongdoing or reprisal is $25,000.";

(b) Replace line 39 with the following:

"more than $25,000."; and

"and (5) is at the discretion of the Commissioner.".

137. Clause 207, page 162: Add after line 29 the following:

"(1.1) Where the Commissioner is of the opinion that it is necessary for the purpose of an investigation to obtain information from outside the public sector, the Commissioner may use his or her powers under subsection (1) to direct that such information be provided.".

138. New clause 207.1, page 162: Add after line 29 the following:

"207.1 Section 34 of the Act is repealed.".

139. Clause 221, page 171: Replace lines 39 and 40 with the following:

"33 of that Act if the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act;

(b) obtained by him or her or on his or her behalf in the course of an investigation into a disclosure made under that Act or an investigation commenced under section 33 of that Act, unless he or she is of the opinion that it would be in the public interest to disclose the record;

(c) created by him or her or on his or her behalf in the course of an investigation into a disclosure made under that Act, or an investigation commenced under section 33 of that Act, if the investigation is not yet completed; or

(d) received by a conciliator in the course of".

140. Clause 221, page 172: Replace line 12 with the following:

"under that Act if

(a) the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act; or

(b) the investigation is not yet completed.".

141. Clause 223, page 174: Replace line 15 with the following:

"disclosure under that Act and the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act.".

142. Clause 224, page 174: Replace lines 20 to 28 with the following:

"22.2 (1) Subject to paragraph 22(d) of the Public Servants Disclosure Protection Act, the Public Sector Integrity Commissioner shall refuse to disclose any personal information requested under subsection 12(1) that was obtained or created by him or her or on his or her behalf in the course of an investigation into a disclosure made under that Act or an investigation commenced under section 33 of that Act if the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act.

(2) Subsection (1) does not apply if the public servant or person who is or could reasonably be identified consents to disclosure of the information.".

143. Clause 224, page 174: Replace line 35 with the following:

"disclosure under that Act if the information identifies or could reasonably be expected to lead to the identification of a public servant who made a disclosure, or a person who provided information or who cooperated in an investigation, under that Act, unless the public servant or person who is or could reasonably be identified consents to disclosure of the information.".

144. Clause 226, page 175: Replace lines 12 and 13 with the following:

"section 45 of the Conflict of Interest Act comes into".

145. Clause 227, page 175: Replace line 32 with the following:

"1.1 (1) The Governor in Council shall estab-".

146. Clause 227, in the French version:

(a) Page 176:

(i) Replace line 19 with the following:

"c) établir un code de pratique régissant les",

(ii) Replace line 29 with the following:

"l’observation du code de pratique",

(iii) Replace line 31 with the following:

"tion du code de pratique par le gouvernement et",

(iv) Replace line 40 with the following:

"lement de mandat relevant du code de pratique"; and

(b) Page 177: Replace line 9 with the following:

"tout incident de non-observation de son code de".

147. Clause 227, page 176: Replace line 38 with the following:

"Governor in Council that a person be appointed or reappointed".

148. Clause 227:

(a) Page 176: Replace lines 40 and 41 with the following:

"consult with the leader in the Senate of each recognized party in that House and the leader in the House of Commons of each recognized party in that House. An announce-"; and

(b) Page 177: Replace lines 2 and 3 with the following:

"each of the Speakers of the two Houses of Parliament for tabling in their respective Houses.".

149. Clause 227, page 176: Replace line 32 with the following:

"of public servants and appointees involved in appointment".

150. Clause 227, page 177: Replace line 5 with the following:

"during good behaviour for a term of seven years".

151. Clause 228, page 177: Replace line 28 with the following:

"sections 183, 184, 186 to 193 and 227 of this Act".

152. New clauses 244.1 and 244.2, page 181: Add after line 30 the following:

CANADIAN TOURISM COMMISSION ACT

"244.1 Subsection 11(4) of the Canadian Tourism Commission Act is replaced by the following:

(4) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.

244.2 Subsection 12(3) of the Act is replaced by the following:

(3) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.".

153. Clause 259, page 187: Add after line 12 the following:

"16.21(1) A person who does not occupy a position in the federal public administration but who meets the qualifications established by directive of the Treasury Board may be appointed to an audit committee by the Governor in Council on the recommendation of the President of the Treasury Board.

(2) A member of an audit committee so appointed holds office during pleasure for a term not exceeding four years, which may be renewed for a second term.

(3) A member of an audit committee so appointed shall be paid the remuneration and expenses fixed by the Governor in Council.".

154. Clause 306, page 203: Replace line 4 with the following:

"22.1 (1) The Governor in Council shall".

155. Clause 306, page 204: Replace line 22 with the following:

"(4) The Procurement Auditor may re-".

156. Clause 306, pages 203 and 204: Replace the expression "Procurement Auditor" with the expression "Procurement Ombudsman" wherever it occurs, with such modifications as the circumstances require.

157. Clause 307, page 204: Replace lines 41 to 43 with the following:

"in subsection 22.1(3);".

158. Clause 307:

(a) Page 204: Replace line 40 with the following:

"tions of the Procurement Ombudsman referred to"; and

(b) Page 205: Replace line 7 with the following:

"Procurement Ombudsman may make in response".

Adjournment Proceedings

At 6:22 p.m., pursuant to Standing Order 38(1), the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Adjournment

Accordingly, at 6:42 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).