OGGO Committee Meeting
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Minutes of Proceedings
Bloc Québécois
NDP
It was agreed, — That, for the meeting of Monday, June 19, 2023, notwithstanding the committee’s routine motion, witnesses will have two and a half minutes to make their opening statements.
On motion of Julie Vignola, it was agreed, — That, pursuant to Standing Order 97.1, the committee request an extension of thirty sitting days to consider Bill C‑290, An Act to amend the Public Servants Disclosure Protection Act, referred to the committee on Wednesday, February 15, 2023, to give the Bill the consideration it requires, and that the Chair present this request to the House.
The witnesses answered questions.
The committee resumed its clause-by-clause study of the Bill.
The committee resumed clause-by-clause consideration on Clause 12 of the Bill.
“12 Paragraph 19.3(1)(d) of the Act is replaced by the following:
(d) the complaint was not made on the basis of reasonable belief.”
After debate, the question was put on the amendment of Greg Fergus and it was agreed to on the following recorded division:
YEAS: Parm Bains, Kelly Block, Greg Fergus, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Doug Shipley, Joanne Thompson — 8;
NAYS: Gord Johns, Julie Vignola — 2.
Clause 12, as amended, carried on division.
On new Clause 12.1,
Greg Fergus moved, — That Bill C-290 be amended by adding after line 33 on page 5 the following:“12.1 Section 19.4 of the Act is amended by adding the following after subsection (3):
(3.1) If, under paragraph 19.3(1)(a) or (b), the Commissioner refuses to deal with a complaint or if subsection 19.3(2) applies, the Commissioner must also provide the complainant with information on, as applicable,
(a) the procedure under which the complaint has been adequately dealt with;
(b) any procedure under which the complaint could more appropriately be dealt with; or
(c) the procedure under which the complaint is being dealt with.”
After debate, the question was put on the amendment of Greg Fergus and it was agreed to on division.
On Clause 13,
Greg Fergus moved, — That Bill C-290, in Clause 13, be amended by replacing line 34 on page 5 to line 7 on page 6 with the following:“13 Subsection 19.4(5) of the Act is replaced by the following:
(5) Subsection (4) does not apply if the Commissioner has decided not to deal with the complaint for the reason that it was not made on the basis of reasonable belief.”
After debate, the question was put on the amendment of Greg Fergus and it was agreed to on the following recorded division:
YEAS: Parm Bains, Michael Barrett, Kelly Block, Greg Fergus, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson — 8;
NAYS: Gord Johns, Julie Vignola — 2.
Clause 13, as amended, carried on division.
After debate, the question was put on Clause 14 and the result of the vote was announced:
YEAS: Kelly Block, Gord Johns, Stephanie Kusie, Doug Shipley, Julie Vignola — 5;
NAYS: Parm Bains, Greg Fergus, Majid Jowhari, Irek Kusmierczyk — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 14 carried.
After debate, the question was put on Clause 15 and the result of the vote was announced:
YEAS: Kelly Block, Gord Johns, Stephanie Kusie, Doug Shipley, Julie Vignola — 5;
NAYS: Parm Bains, Greg Fergus, Majid Jowhari, Irek Kusmierczyk — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 15 carried.
After debate, the question was put on Clause 16 and the result of the vote was announced:
YEAS: Kelly Block, Gord Johns, Stephanie Kusie, Doug Shipley, Julie Vignola — 5;
NAYS: Parm Bains, Greg Fergus, Majid Jowhari, Irek Kusmierczyk — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 16 carried.
After debate, the question was put on Clause 17 and the result of the vote was announced:
YEAS: Kelly Block, Gord Johns, Stephanie Kusie, Doug Shipley, Julie Vignola — 5;
NAYS: Parm Bains, Greg Fergus, Majid Jowhari, Irek Kusmierczyk — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 17 carried.
After debate, the question was put on Clause 18 and the result of the vote was announced:
YEAS: Kelly Block, Gord Johns, Stephanie Kusie, Doug Shipley, Julie Vignola — 5;
NAYS: Parm Bains, Greg Fergus, Majid Jowhari, Irek Kusmierczyk — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 18 carried.
On Clause 19,
Gord Johns moved, — That Bill C-290, in Clause 19, be amended by replacing lines 6 and 7 on page 7 with the following:“21.01 (1) A complainant may apply to the”
After debate, the question was put on the amendment and the result of the vote was announced:
YEAS: Michael Barrett, Kelly Block, Gord Johns, Stephanie Kusie, Julie Vignola — 5;
NAYS: Parm Bains, Greg Fergus, Majid Jowhari, Irek Kusmierczyk, Joanne Thompson — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, the amendment was agreed to.
After debate, the question was put on Clause 19, as amended, and the result of the vote was announced:
YEAS: Michael Barrett, Kelly Block, Gord Johns, Stephanie Kusie, Julie Vignola — 5;
NAYS: Parm Bains, Greg Fergus, Majid Jowhari, Irek Kusmierczyk — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 19, as amended, carried.
After debate, the question was put on Clause 20 and the result of the vote was announced:
YEAS: Michael Barrett, Kelly Block, Gord Johns, Stephanie Kusie, Julie Vignola — 5;
NAYS: Greg Fergus, Majid Jowhari, Irek Kusmierczyk, Ryan Turnbull — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 20 carried.
On Clause 21,
Gord Johns moved, — That Bill C-290, in Clause 21, be amended by replacing line 32 on page 7 with the following:“21.31 An application made by a complainant under subsection 21.01(1) or by the Commissioner to the”
After debate, the question was put on the amendment of Gord Johns and it was negatived on the following recorded division:
YEAS: Michael Barrett, Gord Johns, Julie Vignola — 3;
NAYS: Kelly Block, Greg Fergus, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull — 7.
Clause 21 carried on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
On Clause 22,
Greg Fergus moved, — That Bill C-290, in Clause 22, be amended by replacing line 36 on page 7 to line 1 on page 8 with the following:“22 Subsection 21.4(3) of the Act is replaced by the following:
(3) If the Tribunal is of the opinion that a person who has been identified as being a person who may have taken the alleged reprisal is directly affected by a determination of the Tribunal, the Tribunal must add that person as a party.”
After debate, the question was put on the amendment of Greg Fergus and it was agreed to on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull — 8;
NAYS: Gord Johns, Julie Vignola — 2.
Clause 22, as amended, carried on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull — 8;
NAYS: Gord Johns, Julie Vignola — 2.
After debate, the question was put on Clause 23 and the result of the vote was announced:
YEAS: Michael Barrett, Kelly Block, Gord Johns, Stephanie Kusie, Julie Vignola — 5;
NAYS: Greg Fergus, Majid Jowhari, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 23 carried.
Clause 24 carried on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
After debate, Clause 25 was negatived on the following recorded division:
YEAS: Gord Johns, Julie Vignola — 2;
NAYS: Michael Barrett, Kelly Block, Greg Fergus, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull — 8.
On Clause 26,
Greg Fergus moved, — That Bill C-290, in Clause 26, be amended by replacing line 24 on page 8 with the following:“26 Paragraph 24(1)(c) of the Act is replaced by the following:
(c) the disclosure was not made on the basis of reasonable belief or the information that led to the investigation under section 33 was not provided on the basis of reasonable belief;”
After debate, the question was put on the amendment of Greg Fergus and it was agreed to on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
“(2) Section 24 of the Act is amended by adding the following after subsection (3):
(4) If the Commissioner refuses to deal with a disclosure or to commence an investigation, he or she must provide the person who made the disclosure with information on the most appropriate procedures for dealing with the disclosure.”
After debate, the question was put on the amendment of Majid Jowhari and it was agreed to on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
Clause 26, as amended, carried on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
After debate, the question was put on Clause 27 and the result of the vote was announced:
YEAS: Michael Barrett, Kelly Block, Gord Johns, Stephanie Kusie, Julie Vignola — 5;
NAYS: Greg Fergus, Majid Jowhari, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 27 carried.
At 5:56 p.m., the sitting was suspended.
At 6:00 p.m., the sitting resumed.
Clause 28 carried on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
On new Clause 28.1,
Gord Johns moved, — That Bill C-290 be amended by adding after line 31 on page 8 the following new clause:“28.1 Section 26 of the Act is amended by adding the following after subsection (2):
(3) The Commissioner must establish standards that apply to investigations that
(a) are consistent with accepted best practices;
(b) set out the training and qualifications of investigators; and
(c) ensure the independence of the investigations conducted.”
After debate, the question was put on the amendment of Gord Johns and it was negatived on the following recorded division:
YEAS: Gord Johns, Julie Vignola — 2;
NAYS: Michael Barrett, Kelly Block, Greg Fergus, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull — 8.
After debate, the question was put on Clause 29 and the result of the vote was announced:
YEAS: Michael Barrett, Kelly Block, Gord Johns, Stephanie Kusie, Julie Vignola — 5;
NAYS: Greg Fergus, Majid Jowhari, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull — 5.
Whereupon, the Chair voted in the affirmative.
Accordingly, Clause 29 carried.
On Clause 30,
Greg Fergus moved, — That Bill C-290, in Clause 30, be amended by replacing line 4 on page 9 with the following:“30 Section 34 of the Act is replaced by the following:
34 If the Commissioner is of the opinion that a matter under investigation would involve obtaining information from the Canadian Forces, the Canadian Security Intelligence Service or the Communications Security Establishment, the Commissioner must cease that part of the investigation and may refer the matter to any authority that the Commissioner considers competent to deal with it.”
At 6:08 p.m., the sitting was suspended.
At 6:09 p.m., the sitting resumed.
After debate, the question was put on the amendment of Greg Fergus and it was agreed to on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
Clause 30, as amended, carried on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
Clause 31 carried on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
On new Clause 31.1,
Gord Johns moved, — That Bill C-290 be amended by adding after line 16 on page 9 the following new clause:“31.1 The Act is amended by adding the following after section 35:
35.1 If during the course of an investigation the Commissioner finds that a wrongdoing has been committed, none of the following measures shall be taken against the public servant who made the disclosure of wrongdoing:
(a) a disciplinary measure;
(b) a demotion;
(c) a termination of employment;
(d) any measure that adversely affects the employment or working conditions of the public servant; or
(e) a threat to take any measure referred to in paragraphs (a) to (d).”
After debate, the question was put on the amendment of Gord Johns and it was negatived on the following recorded division:
YEAS: Gord Johns, Julie Vignola — 2;
NAYS: Michael Barrett, Kelly Block, Greg Fergus, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull — 8.
Clause 32 carried on the following recorded division:
YEAS: Michael Barrett, Kelly Block, Greg Fergus, Gord Johns, Majid Jowhari, Stephanie Kusie, Irek Kusmierczyk, Joanne Thompson, Ryan Turnbull, Julie Vignola — 10;
NAYS: — 0.
At 6:23 p.m., the committee adjourned to the call of the Chair.