Honourable senators, I rise today to speak to Motion No. 286, which provides that, for the remainder of the current session, any senator who occupies more than one position of chair or deputy chair of a committee, for which an additional allowance is payable, be authorized to waive that allowance.

I would like to begin by pointing out that the annual allowance for chairs or deputy chairs of committees was introduced by means of Bill C-28 of the Thirtieth Parliament, First Session, which amended the Parliament of Canada Act. Before January 1, 2001, senators who occupied a position of chair or deputy chair were not entitled to an allowance under the law.

The motion on committee membership adopted by the Senate in November 2017 provides for the appointment of a second deputy chair of many committees. This measure aims to adjust to the significant increase in the number of Independent Senators Group members.

Prior to the adoption of the sessional order of November 7, 2017, the leaders of the various caucuses and parliamentary groups reached an agreement. Motion No. 286 reflects this shared desire to avoid paying out multiple allowances, although it leaves the decision up to each senator as to whether he or she will waive the portion of his or her allowance payable in respect of those additional positions of chair or deputy chair.

The Senate is not empowered to repeal unilaterally statutory rights by means of a Senate order. In this particular case, such a change would require a bill to amend the Parliament of Canada Act, which is not the purpose of Motion 286. Rather, it simply offers the possibility of waiving the payment of an additional committee allowance, similar to section 2, Chapter 4:01, Division 4:00, of the Senate Administrative Rules, which authorizes the waiver of the sessional allowance.

From an administrative point of view, the proposed waiver would not be retroactive. Moreover, there would be no tax impact because no additional amount would be paid, nor deemed to be paid.

However, this motion must be adopted so that the Finance Directorate can refrain from making a payment, where applicable.

Currently, the allowance for a position as chair or deputy chair of a committee is paid out automatically. This should be distinguished from the case when a senator directs the Senate administration to give his or her sessional allowance to Her Majesty in right of Canada, pursuant to section 3, Chapter 4:01, Division 4:00 of the Senate Administrative Rules. In this case, a senator is deemed to have been paid.

For ethical reasons, a senator uncomfortable with receiving multiple allowances should be able to act as his or her conscience dictates by waiving his or her rights, but this discretionary choice would not be taken away from a senator under any circumstances. A senator could choose to receive all of his additional allowances for personal reasons. This choice would remain entirely at his own discretion with the adoption of this motion.

From a legal point of view, common law and civil law are two major legal traditions that enshrine the long-standing principle that any person may waive his or her civil rights. There are two conditions under which a person may waive his or her rights. One, the person who waives his or her rights must fully understand them. Two, the waiver must be unequivocal and made knowingly.

In addition, waiving a statutory right has another condition attached to it. It must not be contrary to public policy, in other words, a protective measure in the overall interest of society or specific individuals, such as the protection of a particular group in a vulnerable state.

In light of the above, let us agree that the status quo, which prevents a senator from waiving the additional allowance for a position as committee chair or deputy chair, is not acceptable. The only coherent way to protect the general interest is to explicitly confirm the right of senators to waive one or more of the allowances provided for by the law. This is the way to proceed legally.

This is why the Law Clerk of the Senate wrote Motion 286 the way it is. I cannot imagine any valid reason for forcing a senator to receive more than one committee allowance against his or her will.

For these reasons, I encourage you to unanimously support Motion No. 286.