44th Parl. 1st Sess.

November 3, 2022 10:00AM

Nov/3/22 10:01:39 a.m.
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Re: Bill C-290

I am now ready to rule on the point of order raised by the member for Mirabel regarding C-290, an act to amend the Public Servants Disclosure Protection Act, which stands on the Order Paper under his name. In my statement of September 26, 2022, on the management of Private Members’ Business, I expressed concern about Bill C-290. At the time, I encouraged members who wished to make arguments about whether or not the bill requires a royal recommendation to do so. The member for Mirabel, the member for New Westminster—Burnaby and the parliamentary secretary to the government House leader did just that in points of order on September 28, October 21 and October 25, 2022. I would like to thank them for the information they shared in their statements. In his point of order, the sponsor of Bill C-290 explained that clause 5 of the bill stipulates that chief executives must provide support to public servants who make disclosures. He said that this support is not of a financial nature, but instead includes information, referrals, guidance and advice, and would not entail any new expenditures. In addition, regarding the proposed amendments to the definition of “public servant” in subsection 2(1) of the Public Servants Disclosure Protection Act, the member said that, since the act already includes provisions on contract employees in the public sector, adding these employees to the definition does not mean the bill needs a royal recommendation. The member for New Westminster—Burnaby agreed with the bill’s sponsor. In his intervention, he noted that nothing in Bill C-290 indicates that the support provided to public servants who make disclosures must be financial in nature. He further remarked that amending the definition of “public servant” as the bill proposes would only prevent the withholding of a payment or the termination of a contract. As for the parliamentary secretary to the government House leader, he said that the bill’s inclusion of former public servants and those retained under contract would expand the scope of the public servants disclosure protection regime. For this and other reasons, the parliamentary secretary argued that Bill C-290 should be accompanied by a royal recommendation. As stated in House of Commons Procedure and Practice, third edition, on page 838, “Without a royal recommendation, a bill that either increases the amount of an appropriation or extends its objects, purposes, conditions and qualifications is inadmissible on the grounds that it infringes on the Crown’s financial initiative.” The Chair has carefully examined Bill C-290. Currently, section 42.2 of the Public Servants Disclosure Protection Act prohibits some forms of reprisal against contract employees, including payment withholding and contract termination. The new definition of “public servant” proposed by Bill C-290 would, among other things, allow for the payment of compensation or the reimbursement of expenses or financial losses to contract employees who are found to have been subject to a reprisal following an investigation. In the view of the Chair, the implementation of Bill C-290 would infringe on the conditions of the initial royal recommendation that accompanied the current act. Accordingly, a new royal recommendation is now required before the bill can proceed to a final vote in the House at third reading. In the meantime, when the bill is next before the House, debate will continue on the second reading motion, and the motion will be put to a vote at the conclusion of the debate. I thank the members for their attention.

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House Hansard - 124