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Bill S-2

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First Session, Forty-fourth Parliament,

70 Elizabeth II, 2021

SENATE OF CANADA

BILL S-2
An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts
FIRST READING, November 24, 2021

THE HONOURABLE SENATOR GOLD, P.‍‍C.
91040


SUMMARY

This enactment amends the Parliament of Canada Act and makes consequential and related amendments to other Acts to, among other things,

(a) change the additional annual allowances that are paid to senators who occupy certain positions so that the government’s representatives and the Opposition in the Senate are eligible for the allowances for five positions each and the three other recognized parties or parliamentary groups in the Senate with the greatest number of members are eligible for the allowances for four positions each;

(b) provide that the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate are to be consulted on the appointment of certain officers and agents of Parliament; and

(c) provide that the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate may change the membership of the Standing Senate Committee on Internal Economy, Budgets and Administration.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 44th Parliament,

70 Elizabeth II, 2021

SENATE OF CANADA

BILL S-2

An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.‍S.‍, c. P-1

Parliament of Canada Act

Amendments to the Act

1991, c. 20, s. 1

1 Subsection 19.‍1(3) of the Parliament of Canada Act is replaced by the following:

Composition of Committee

(3) The Leader of the Government in the Senate or Insertion start Government Representative in the Senate, or his or her Insertion end nominee, the Leader of the Opposition in the Senate, or Insertion start his or her Insertion end nominee, and the Leader Insertion start or Facilitator of every other recognized party or parliamentary group in the Senate Insertion end , or Insertion start his or her nominee Insertion end , may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution.

2004, c. 7, s. 2

2 Section 20.‍1 of the Act is replaced by the following:

Appointment

20.‍1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the Leader of Insertion start the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of Insertion end every Insertion start other Insertion end recognized party Insertion start or parliamentary group Insertion end in the Senate and after approval of the appointment by resolution of the Senate.

3 The Act is amended by adding the following after section 62.‍3:

Start of inserted block
Additional Annual Allowances of Senators Beginning on July 1, 2022
End of inserted block
Additional annual allowances — senators
Start of inserted block

62.‍4 (1) Despite section 62.‍3, beginning on July 1, 2022 there shall be paid to the following senators the following additional annual allowances:

  • (a) the senator occupying the position of Leader of the Government in the Senate or Government Representative in the Senate, unless he or she is in receipt of a salary under the Salaries Act, $90,500;

  • (b) the senator occupying the position of Leader of the Opposition in the Senate, $42,800;

  • (c) the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $42,800;

  • (d) the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the second greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $21,300;

  • (e) the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the third greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $21,300;

  • (f) the senator occupying the position of Deputy Leader of the Government in the Senate or Legislative Deputy to the Government Representative in the Senate, $42,800;

  • (g) the senator occupying the position of Deputy Leader of the Opposition in the Senate, $27,000;

  • (h) the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (c), $27,000;

  • (i) the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (d), $13,400;

  • (j) the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (e), $13,400;

  • (k) the senator occupying the position of Government Whip in the Senate or Government Liaison in the Senate, $12,900;

  • (l) the senator occupying the position of Opposition Whip in the Senate, $7,400;

  • (m) the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (c), $7,400;

  • (n) the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (d), $3,700;

  • (o) the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (e), $3,700;

  • (p) the senator occupying the position of Chair of the Caucus of the Government in the Senate, $7,400;

  • (q) the senator occupying the position of Chair of the Caucus of the Opposition in the Senate, $6,400;

  • (r) the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (c), $3,200;

  • (s) the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (d), $1,500;

  • (t) the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (e), $1,500;

  • (u) the senator occupying the position of Deputy Government Whip in the Senate or Deputy Government Liaison in the Senate, $6,400; and

  • (v) the senator occupying the position of Deputy Opposition Whip in the Senate, $3,200.

    End of inserted block
Subsequent fiscal years
Start of inserted block

(2) Despite section 62.‍3, the additional annual allowance that shall be paid for each fiscal year after March 31, 2023 to a senator referred to in subsection (1) is the additional annual allowance for the previous fiscal year plus the amount obtained by multiplying that additional annual allowance by the index described in section 67.‍1 for the previous calendar year.

End of inserted block

2005, c. 16, s. 7; 2017, c. 15, s. 44

4 Sections 67 and 67.‍1 of the Act are replaced by the following:

Rounding of amounts

67 The salaries and allowances payable to members of the Senate and the House of Commons under sections 55.‍1 and 62.‍1 to Insertion start 62.‍4 Insertion end of this Act and section 4.‍1 of the Salaries Act shall be rounded down to the nearest hundred dollars.

Index

67.‍1 The index referred to in paragraph 55.‍1(2)‍(b) and subsections 62.‍1(2), 62.‍2(2), 62.‍3(2) and (4) and Insertion start 62.‍4(2) Insertion end for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Employment and Social Development within three months after the end of that calendar year.

2005, c. 16, s. 10

5 The portion of subsection 71.‍1(1) of the Act before paragraph (a) is replaced by the following:

Entitlement

71.‍1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under sections 55.‍1 and 62.‍1 to Insertion start 62.‍4 Insertion end of this Act and section 4.‍1 of the Salaries Act, on the date of resignation, if at the time of their resignation, the member

2017, c. 20, s. 128

6 Paragraph 79.‍1(1)‍(a) of the Act is replaced by the following:

  • (a) the Leader of Insertion start the Government Insertion end in Insertion start the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate Insertion end and the Insertion start Leader or Facilitator of Insertion end every Insertion start other Insertion end recognized Insertion start party or parliamentary Insertion end group in the Senate; and

R.‍S.‍, c. M-5

Consequential Amendment to the Members of Parliament Retiring Allowances Act

2005, c. 16, s. 14(1)

7 The definition annual allowance in subsection 2(1) of the Members of Parliament Retiring Allowances Act is replaced by the following:

annual allowance means an annual allowance payable to a member Insertion start under Insertion end section 62, 62.‍3 or Insertion start 62.‍4 Insertion end of the Parliament of Canada Act or payable to a member Insertion start under Insertion end an appropriation Act as Deputy Insertion start Chair Insertion end or Assistant Deputy Insertion start Chair Insertion end of a committee.‍ (indemnité annuelle)

Related Amendments

R.‍S.‍, c. A-1

Access to Information Act

2006, c. 9, s. 109(1)

8 Subsection 54(1) of the Access to Information Act is replaced by the following:

Appointment

54 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with Insertion start the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Insertion end Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.‍S.‍, c. A-17

Auditor General Act

2006, c. 9, s. 110(1)

9 Subsection 3(1) of the Auditor General Act is replaced by the following:

Appointment

3 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Auditor General of Canada after consultation with Insertion start the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Insertion end Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.‍S.‍, c. P-21

Privacy Act

2006, c. 9, s. 118(1)

10 Subsection 53(1) of the Privacy Act is replaced by the following:

Appointment

53 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with Insertion start the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Insertion end Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.‍S.‍, c. 22 (4th Supp.‍)

Emergencies Act

11 Subsection 62(2) of the Emergencies Act is replaced by the following:

Membership

(2) The Parliamentary Review Committee shall include at least one member of the House of Commons from each party that has a recognized membership of Insertion start 12 Insertion end or more persons in that House and at least the Insertion start Leader of the Government in the Senate or Government Representative in the Senate, or his or her nominee, the Leader of the Opposition in the Senate, or his or her nominee, and the Leader or Facilitator who is referred to in any of paragraphs 62.‍4(1)‍(c) to (e) of the Parliament of Canada Act, or his or her nominee Insertion end .

R.‍S.‍, c. 31 (4th Supp.‍)

Official Languages Act

2006, c. 9, s. 111(1)

12 Subsection 49(1) of the Official Languages Act is replaced by the following:

Appointment

49 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Official Languages for Canada after consultation with Insertion start the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Insertion end Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.‍S.‍, c. 44 (4th Supp.‍); 2006, c. 9, s. 66

Lobbying Act

2006, c. 9, s. 68

13 Subsection 4.‍1(1) of the Lobbying Act is replaced by the following:

Commissioner of Lobbying

4.‍1 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Lobbying after consultation with Insertion start the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Insertion end Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

2005, c. 46

Public Servants Disclosure Protection Act

2006, c. 9, s. 119(1)

14 Subsection 39(1) of the Public Servants Disclosure Protection Act is replaced by the following:

Appointment

39 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after consultation with Insertion start the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Insertion end Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

2017, c. 15

National Security and Intelligence Committee of Parliamentarians Act

15 Subsection 5(2) of the National Security and Intelligence Committee of Parliamentarians Act is replaced by the following:

Consultation

(2) A member of the Senate may be appointed to the Committee only after the Prime Minister has consulted with the Insertion start Leader of the Government in the Senate or Government Representative Insertion end in the Insertion start Senate, the Leader of the Opposition in the Senate Insertion end and the Leader Insertion start or Facilitator Insertion end of every Insertion start other Insertion end recognized Insertion start party or parliamentary Insertion end group in the Senate.

2019, c. 13, s. 2

National Security and Intelligence Review Agency Act

16 Paragraphs 4(2)‍(a) and (b) of the National Security and Intelligence Review Agency Act are replaced by the following:

  • Start of inserted block

    (a) the Leader of the Government in the Senate or Government Representative in the Senate and the Leader of the Opposition in the Senate;

    End of inserted block

  • (b) the Leader Insertion start or Facilitator Insertion end of every recognized Insertion start party or parliamentary Insertion end group in the Senate;

Coming into Force

Order in council

17 (1) Subject to subsection (2), this Act comes into force on a day to be fixed by order of the Governor in Council.

Royal recommendation

(2) No order may be made under subsection (1) unless the appropriation of moneys for the purposes of this Act has been recommended by the Governor General and the moneys have been appropriated by Parliament.

Published under authority of the Senate of Canada


EXPLANATORY NOTES

Parliament of Canada Act
Clause 1: Existing text of subsection 19.‍1(3):

(3) The Leader of the Government in the Senate, or the nominee of the Leader, and the Leader of the Opposition in the Senate, or the nominee of the Leader, may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution.

Clause 2: Existing text of section 20.‍1:

20.‍1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the leader of every recognized party in the Senate and after approval of the appointment by resolution of the Senate.

Clause 3: New.
Clause 4: Existing text of sections 67 and 67.‍1:

67 The salaries and allowances payable to members of the Senate and the House of Commons under sections 55.‍1 and 62.‍1 to 62.‍3 of this Act and section 4.‍1 of the Salaries Act shall be rounded down to the nearest hundred dollars.

67.‍1 The index referred to in paragraph 55.‍1(2)‍(b) and subsections 62.‍1(2), 62.‍2(2) and 62.‍3(2) and (4) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Employment and Social Development within three months after the end of that calendar year.

Clause 5: Relevant portion of subsection 71.‍1(1):

71.‍1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under sections 55.‍1 and 62.‍1 to 62.‍3 of this Act and section 4.‍1 of the Salaries Act, on the date of resignation, if at the time of their resignation, the member

Clause 6: Relevant portion of subsection 79.‍1(1):

79.‍1 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Parliamentary Budget Officer after consultation with the following persons and after approval of the appointment by resolution of the Senate and House of Commons:

  • (a) the persons referred to in paragraphs 62(a) and (b) and the leader of every caucus and of every recognized group in the Senate; and

Members of Parliament Retiring Allowances Act
Clause 7: Existing text of the definition:

annual allowance means an annual allowance payable to a member pursuant to section 62 or 62.‍3 of the Parliament of Canada Act or payable to a member pursuant to an appropriation Act as Deputy Chairman or Assistant Deputy Chairman of a committee.‍ (indemnité annuelle)

Access to Information Act
Clause 8: Existing text of subsection 54(1):

54 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

Auditor General Act
Clause 9: Existing text of subsection 3(1):

3 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Auditor General of Canada after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

Privacy Act
Clause 10: Existing text of subsection 53(1):

53 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

Emergencies Act
Clause 11: Existing text of subsection 62(2):

(2) The Parliamentary Review Committee shall include at least one member of the House of Commons from each party that has a recognized membership of twelve or more persons in that House and at least one senator from each party in the Senate that is represented on the committee by a member of the House of Commons.

Official Languages Act
Clause 12: Existing text of subsection 49(1):

49 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Official Languages for Canada after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

Lobbying Act
Clause 13: Existing text of subsection 4.‍1(1):

4.‍1 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Lobbying after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

Public Servants Disclosure Protection Act
Clause 14: Existing text of subsection 39(1):

39 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

National Security and Intelligence Committee of Parliamentarians Act
Clause 15: Existing text of subsection 5(2):

(2) A member of the Senate may be appointed to the Committee only after the Prime Minister has consulted with the persons referred to in paragraphs 62(a) and (b) of the Parliament of Canada Act and the leader of every caucus and of every recognized group in the Senate.

National Security and Intelligence Review Agency Act
Clause 16: Relevant portion of subsection 4(2):

(2) A member may be appointed to the Review Agency only after consultation by the Prime Minister with

  • (a) the persons referred to in paragraphs 62(a) and (b) of the Parliament of Canada Act;

  • (b) the leader of every caucus and of every recognized group in the Senate;


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