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Natural Resources committee We're talking protections to the minister as well, specifying that she'll not be required to give testimony in suit except with respect to provisions of the code or where they are subject to an agreement under certain provisions of the code. Those portions currently exist within the code.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee Proposed subsection 144(1.1) is the change in Bill C-4. That's the clause referred to as a result of Bill C-4. So the change that we're referring to is to provide officers the ability to make representation at other types of administrative hearings. That could include arbitration hearings, at which they are not permitted to make representation currently.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee The change that's being proposed is under 144(1.1) of the Canada Labour Code, which now reads: The Minister shall not be required to give testimony in a civil suit with regard to information obtained in the exercise of powers or the performance of duties or functions the Minister is authorized to exercise or perform under this Part —which is part 2 of the Canada Labour Code— except for those powers, duties or functions that shall not be the subject of an agreement entered into under subsection 140(2).
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee Only with regard to information obtained in the exercise of powers and performance of duties under this part of the code.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee No. Right now officers are required to receive approval of the minister to make representation.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee They can only make representation in civil proceedings. We want to expand that to include administrative proceedings as well.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee Right now the officers cannot give any testimony in any civil proceeding unless they receive ministerial consent or approval. That's the only type of proceeding they can give testimony at.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee I can't speak to other regulatory bodies.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee The change is to expand it from just civil to civil and administrative, so it's making it broader.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee Yes, the Minister of Labour.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee As with the previous amendment, these consequential amendments to the labour code were put forward in the last session of Parliament. Since then, Bill C-4 has come forward and made some changes to the Canada Labour Code. The amendment we're making here is to include “administrative proceedings”.
February 11th, 2014Committee meeting
Brenda Baxter
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee This amendment does two things. It coordinates with Bill C-4, but it also includes a consequential amendment to the Canada Labour Code to include the ability for delegated officials to make representation at civil and administrative hearings.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee I don't have the labour code with me, but in the subsection they are referring to, the only change is to change the wording to include “or administrative proceeding”. The rest currently exists within the Canada Labour Code. The purpose of this consequential amendment is to allow presentations to be made at administrative proceedings and not just civil proceedings, which include arbitration hearings.
February 11th, 2014Committee meeting
Brenda Baxter
Natural Resources committee These are specifically related to the amendments that are proposed under Bill C-5, and specifically those relate to the ability for delegated officials to make representation at certain civil and administrative proceedings. We've changed the word “civil” to include administrative proceedings, which would include things like arbitration hearings.
February 11th, 2014Committee meeting
Brenda Baxter