44th Parl. 1st Sess.
December 2, 2021 10:00AM
- Dec/2/21 2:03:31 p.m.
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- Re: Bill C-2
All those opposed to the hon. government House leader moving the motion will please say nay. Hearing no dissenting voice, it is agreed.
The House has heard the terms of the motion. All those opposed to the motion will please say nay. Hearing no dissenting voice, I declare the motion carried.
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- Dec/2/21 2:10:48 p.m.
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Order.
I just want to remind hon. members that statements by members are being made. It is very important we all listen to them, so that we hear what is going on in individual ridings.
The hon. member for Cape Breton—Canso.
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- Dec/2/21 2:38:55 p.m.
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The hon. member for Haldimand—Norfolk.
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- Dec/2/21 2:40:16 p.m.
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I am going to interrupt the hon. minister.
An hon. member: Tell her to answer the question.
The Speaker: I am having a hard time hearing the answer. I want her to start from the top so I can hear the whole thing, and maybe the sound will come down a bit.
The hon. minister.
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- Dec/2/21 2:41:14 p.m.
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The hon. member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup.
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- Dec/2/21 2:43:54 p.m.
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Order. The hon. member for Rivière-du-Nord.
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- Dec/2/21 2:48:35 p.m.
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The hon. Minister of Defence.
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- Dec/2/21 2:54:50 p.m.
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The hon. member for London West.
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- Dec/2/21 3:15:35 p.m.
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- Re: Bill C-2
It being 3:15 p.m., pursuant to order made earlier today, the House will now proceed to the taking of the deferred recorded division on the motion at the second reading stage of Bill C-2.
Call in the members.
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- Dec/2/21 3:36:02 p.m.
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- Re: Bill C-2
I declare the motion carried.
Accordingly, the bill stands referred to the Standing Committee on Finance.
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- Dec/2/21 3:36:19 p.m.
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I wish to inform the House that because of the deferred recorded division, Government Orders will be extended by 19 minutes.
We have a point of order by the hon. member for North Island—Powell River.
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- Dec/2/21 3:37:03 p.m.
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I want to remind members that when they are voting, they must remain in their seats until the vote count has been reported. I thank the hon. member for North Island—Powell River.
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- Dec/2/21 3:39:50 p.m.
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I am now ready to rule on the question of privilege raised on November 23, 2021, by the member for Banff—Airdrie and the member for Salaberry—Suroît concerning the Board of Internal Economy’s decision requiring vaccination against COVID-19 for members accessing the House of Commons precinct.
In his intervention, the member for Banff—Airdrie, citing references and precedents, alleged that the board neither has the statutory authority nor the delegated authority from the House to make the decision it made on October 19, 2021, requiring that members be fully vaccinated against COVID-19 or provide a valid medical exemption coupled with negative test results to be able to access the precinct.
The government House leader stated that the board acted within its mandate as per section 52.3 of the Parliament of Canada Act with regard to action respecting all financial and administrative matters concerning the House, its premises, its services and members. He noted that the board’s decision takes into account the collective interest and health of all members to permit the House to discharge its functions.
The member for Salaberry—Suroît also later rose on a similar matter, stating that the Conservative Party's refusal to disclose its members' vaccination status is in itself a violation of the House’s privileges. She noted that the collective privileges of the House take precedence over those of individual members insofar as the health and safety of members is concerned.
The Chair wants to address this particular concern by assuring everyone in this House that all medical exemptions, whether for members or for staff, are reviewed by the health and safety personnel of the House administration. Anyone with a valid exemption must provide a recent negative COVID-19 test result in order to access the buildings in the precinct.
The question for the Chair to consider is whether the issue of the interplay between the board’s decision and the privileges of the House deserves priority of consideration over all other business.
The Board of Internal Economy is the statutory governing body of the House of Commons. Its authority comes from the Parliament of Canada Act, the Parliamentary Employment and Staff Relations Act and the Standing Orders of the House. It is composed of members from all recognized parties and chaired by the Speaker. Since the start of the COVID-19 pandemic, the board has instituted various health and safety measures for the protection of everyone working in the precinct and to ensure the continued functioning of the House.
Among its privileges, rights and powers, the House has the right to regulate and administer its precinct, as well as the authority to maintain the attendance and service of its members. As stated in the third edition of House of Commons Procedure and Practice, at page 122, and I quote:
The privileges of the House of Commons include “such rights as are necessary for free action within its jurisdiction and the necessary authority to enforce these rights if challenged”. It is well established that, by extension, the House has complete and sole authority to regulate and administer its precinct, without outside interference, including controlling access to the buildings.
If limits are to be placed on members’ access to the buildings, it would seem consistent with these principles that such limits be established by the House itself. However, it is important to consider the unique context in which the board’s decision was made. During a time when Parliament was dissolved, the board was faced with a decision regarding mandatory vaccinations in order to access the precinct. It made a decision, after considering recommendations from various public health authorities to limit the spread of COVID-19 during the ongoing pandemic, to protect the health and safety of all those who work in these buildings. As the House had not yet been called into session, it was not in a position to pronounce itself on the matter.
The board's decision to restrict access to the precinct only to those who are fully vaccinated or who have a valid medical exemption, including members, has the effect of putting conditions on members' participation in the proceedings of the House. Since the question of privilege was raised, the House has adopted a motion that addresses this matter, meaning the House has explicitly endorsed the BOIE's decision and the conditions it imposes on members' participation in the proceedings. While the matter of mandatory vaccination for members has been settled, the Chair is satisfied that the interplay between the rights and privileges of the House and the jurisdiction of the board remains an issue, with the board appearing to have exceeded its authority in a way that conflicts with the privileges of the House.
Accordingly, the Chair is prepared to rule that there is a prima facie question of privilege.
The Chair has read the motion suggested by the member for Banff—Airdrie in his written notice and, given the developments in this matter, does not believe that it falls within the limited scope of this type of motion. House of Commons Procedure and Practice, third edition, at page 150, states, “The terms of the motion have generally provided that the matter be referred to committee for study”. The Chair has previously stated, in similar circumstances, in a decision from June 16, 2021, on page 8552 of the Debates, “given that the parameters for such motions are clear and that the practice is well established, the proposed motion should be a motion of censure or to refer the matter to the appropriate committee for study.”
The support and guidance of the Chair and the table officers are available to the member for Banff—Airdrie as he drafts his motion.
As a result, the Chair reserves his final ruling and will return to the House as soon as the member is ready to move the appropriate motion.
I want to thank hon. members for their attention.
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