Bill C-277 (Historical)
An Act to amend the Auditor General Act (audit of accounts)
This bill was last introduced in the 38th Parliament, 1st Session, which ended in November 2005.
Sponsor
Benoît Sauvageau Bloc
Introduced as a private member’s bill. (These don’t often become law.)
Status
Second Reading and Referral to Committee
(This bill did not become law.)
Elsewhere
All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.
Benoît Sauvageau Repentigny, QC
Mr. Speaker, this is not a laughing matter. There are 26 members who sent out the householder, and 28 who did not, because the Bloc Québécois is truly a decentralized party. No comprehensive study was done to know what was going on. Proposals are made, then each member decides what is appropriate for one reason or another. Some have issues or activities which are priorities in their ridings. For example, Bill C-277 asked that the Auditor General investigate into the $9 billion the government was hiding.
The sponsorship scandal having been exposed, I saw fit to inform the public that, under a bill put forward by the Bloc Québécois, the Auditor General would now have a right of oversight over the foundations through which the government was moving money. I am happy that the question was put to me. The government hid money in the sponsorship scandal. One has to wonder whether it hid more elsewhere.
Benoît Sauvageau Repentigny, QC
Mr. Speaker, I rise to speak this evening with great pleasure in connection with this rather special and original report, since I am the member who initially introduced Bill C-277.
We have had occasion to debate it several times. If a report has been tabled not to proceed further with Bill C-277, it is not because it was no longer valid, or that its substance and value were no longer important. It is merely because, pursuant to the parliamentary procedures of this House, another party has also found it of great interest. Bill C-277 enabled the Auditor General to audit the main foundations and crown corporations—those in excess of $9 billion. That party was the Liberal Party.
In this year's budget, the Liberal Party took Bill C-277 word for word, or very close to it, and included in the budget Bill C-43—in the Minister of Finance's 2005 Budget Implementation Act.
Since the government has upstaged me by allowing the Auditor General to have that control, which she had been demanding for the past four or five years, and which the committee had recommended twice in two or three years, I felt I needed to publicly acknowledge in this House the occasional good things our political adversaries do. They should do them more often. So I felt they more or less deserved thanks for having understood that there was a need to restore a bit of the public's confidence in its elected representatives, particularly after the sponsorship scandal. This bill is a credit to them. It was necessary, and needed to be implemented urgently and promptly.
I was therefore pleased to propose to the committee that the bill be withdrawn.
In closing, I want to add that it is all well and good that the foundations receiving federal funding, such as the foundations for innovation, the millennium scholarships and all those with $9 billion in their coffers, are now subject to scrutiny by the Auditor General.
However, once I had achieved this, I continued to examine the public accounts and I realized that there is now another area that deserves our full attention. I am talking about the transfer of funding by departments to not-for-profit organizations. For example, the Canadian Unity Council gets nearly $12 million per year from Canadian Heritage, and its internal audits are extremely compromising.
This will be another hobbyhorse for the members of the opposition. I hope that the Liberals will show the same open-mindedness and allow the Auditor General to consider all of these files. At present, she can do so in the case of the Canadian Unity Council, but the internal audits of each department should be tightened up and redone so as to ensure the proper management of public finance.
I am pleased, therefore, to see that the essence of the bill has been recovered and that the wording from the budget legislation has been copied. It is therefore my pleasure to withdraw Bill C-277, particularly since it has been in force since June.
Committees of the House
Routine Proceedings
October 18th, 2005 / 7:10 p.m.
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The Acting Speaker (Mr. Marcel Proulx)
I would like to remind hon. members that in June 2005, new rules governing private members' business were adopted. The provisions under Standing Order 97(1)(2) provide for a one hour debate for the consideration of a motion to concur in a committee report containing a recommendation not to proceed further with a private member's bill.
Tonight the House will consider a motion to concur in the 20th report of the Standing Committee on Public Accounts presented to the House on Wednesday, October 5, 2005. The report contains a recommendation not to proceed further with Bill C-277, an act to amend the Auditor General Act, audit of accounts.
During the debate no member shall speak more than once or for more than 10 minutes. There is no question and comment period.
In accordance with Standing Order 97(1)(2), the motion to concur in the report is deemed to be proposed.
The motion reads as follows:
That the 20th Report of the Standing Committee on Public Accounts (recommendation not to proceed further with Bill C-277, An Act to amend the Auditor General Act (audit of accounts), presented on Wednesday, October 5, 2005, be concurred in.
Business of the House
Oral Questions
October 7th, 2005 / noon
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The Speaker
I want to inform the House that, pursuant to Standing Order 97.1(2), I am designating Tuesday, October 18, 2005, as the day fixed for consideration of the concurrence motion on the twentieth report of the Standing Committee on Public Accounts.
There is a recommendation in the report not to proceed with consideration of Bill C-277, An Act to amend the Auditor General Act (audit of accounts).
The debate on the motion will take place from 6:30 p.m. to 7:30 p.m., after which the House will proceed with the adjournment proceedings pursuant to Standing Order 38.
I would also like to inform the House that under the provisions of Standing Order 30, I am designating Thursday, October 20, as the day fixed for the consideration of private member's Motion No. 153 standing in the order of precedence in the name of the hon. member for Burnaby—New Westminster.
This additional private members' hour will take place from 6:30 p.m. to 7.30 p.m., after which the House will proceed to the adjournment proceedings pursuant to Standing Order 38.
John Williams Edmonton—St. Albert, AB
Mr. Speaker, I have the honour to present the 20th report of the Standing Committee on Public Accounts concerning Bill C-277, an act to amend the Auditor General's Act (audit of accounts). Mr. Speaker, your committee recommends that the House of Commons not proceed further with the bill as Bill C-43 achieves goals similar to those proposed in Bill C-277.
John Williams Edmonton—St. Albert, AB
Mr. Speaker, there have been discussions among all parties and I believe you would find consent for the following motion. I move that the 16th report of the Standing Committee on Public Accounts, which asks for an additional 30 sitting days to consider Bill C-277, presented to the House earlier this day, be concurred in.
John Williams Edmonton—St. Albert, AB
Mr. Speaker, I have the honour to present, in both official languages, the 15th report of the Standing Committee on Public Accounts concerning Chapter 1—Internal Audit in Departments and Agencies of the November 2004 report of the Auditor General of Canada.
In accordance with Standing Order 109, your committee requests a government response within 120 days.
I also have the honour to present, in both official languages, the 16th report of the Standing Committee on Public Accounts concerning Bill C-277, an act to amend the Auditor General Act (audit of accounts), and I intend to move concurrence in the report later this day.
Benoît Sauvageau Repentigny, QC
Mr. Speaker, it is with some emotion that I exercise my five minute right of reply before we conclude this debate. In the life of a parliamentarian, personally developing a bill and introducing it in the House for first reading and then consideration in second reading is a rather long, arduous and at times painstaking process. It is therefore with some emotion that I now see this bill reach the end of a stage. Moreover, throughout the debate on Bill C-277, I have been able to count on the cooperation, open-mindedness and professionalism of my hon. colleagues from all parties.
Some may say there are bad sides to a minority government, but there are good ones too. For instance, in the past little while, motions and bills from all parties have been receiving greater attention and consideration than before.
The week before the latest recess, my friend and colleague from Charlesbourg—Haute-Saint-Charles moved a motion on reversing the burden of proof. I had the privilege of speaking on this motion, saying that we have to take our blinders off and stop thinking that whatever comes from the Bloc or from Quebec is no good because they are all separatists. Our colleagues from all parties really considered the motion on its merits and content, and not just the messenger. That bodes very well.
As my hon. colleague from Hochelaga said, without presupposing how the House will decide, things are looking very good for Bill C-277 today. It may well be referred to committee and eventually be considered at third reading stage. It could enjoy a longer life, and perhaps even be passed. The process Bill C-277 is going through seems to be moving along very nicely.
At first, some colleagues had concerns about the scope of the bill with respect to private foundations or smaller foundations in their ridings or provinces. As the debate progressed, this irritant was eliminated.
As we had an opportunity to discuss the bill, other hon. members sitting on the Standing Committee on Public Accounts raised certain questions but they have not opposed it. These questions were completely legitimate and proper and caused us to work harder on how this bill was to be interpreted.
The final and most serious question was about the kind of audit done by the Auditor General. For the benefit of the House and Treasury Board officials, I shall quote from part of a reply I received from the Auditor General on these questions:
The new subsection 5(3) stipulates that the Auditor General may make such examinations and inquiries as he or she considers necessary in order to enable a report to be made in accordance with this act. This provision leads me to conclude that my office would conduct management audits only for all bodies other than crown corporations. This conclusion is based on the words “enable a report to be made in accordance with this Act”. The requirement to report under the Auditor General Act concerns management audits exclusively. The opinion expressed under section 6 of the Auditor General Act on the financial statements included in the public accounts is submitted to Parliament by the government.
The Auditor General concludes with this:
I hope that these comments will help you in your deliberations—
It was signed by Sheila Fraser.
I believe that all during the deliberations on this bill, my colleagues have offered concrete and constructive arguments to improve the bill and its interpretation.
I would be very pleased today if the House were to give its unanimous consent to send this bill to committee, for that would enable us to hear witnesses representing foundations, crown corporations and the Auditor General's office. In that way, we would be able to see what practical impact this bill would have on the management of the $7 billion in terms of the foundations.
I hope that everyone will agree that members of Parliament ought to have greater oversight over these foundations and public monies, and that the Auditor General will have the opportunity to audit and review these foundations and crown corporations.
I also want to thank all the hon. members who have spoken on Bill C-277.
Réal Ménard Hochelaga, QC
Yes, because her appointment was supported by all parliamentarians. I think I can safely take it upon myself to say that Sheila Fraser has no enemies in this place. She is held in high esteem by everyone. This is a woman who has managed to exceed the expectations we had upon her appointment. In a sense, she is a clairvoyant. I think that all parliamentarians in this House will agree on that.
However, there are limits to what she can do. Even though, as everyone knows, she is a very enterprising and efficient woman, there are limits to what she can do, since there are a number of crown corporations that she cannot investigate. Bill C-277, introduced by the hon. member for Repentigny, would give the Auditor General the means to investigate and review, with her keen eye, Canada Post—of course, we have reasons to think it would be interesting to know more about what Canada Post is doing—the Bank of Canada, the Public Service Superannuation Plan, the Canada pension plan and the Canadian Race Relations Foundation.
One of the objectives of the hon. member's bill is to allow the Auditor General to act as auditor or joint auditor of crown corporations, which, until now, have not been subjected to her control.
I hope I am conveying fairly accurately our colleague's view when I say that, should his bill become law, what would make him particularly proud is the fact that the Auditor General would be able to follow very closely what is happening with the foundations. For the benefit of those who are watching us, I should point out that, over the past seven years, the federal government has transferred a little over $9 billion generated with Quebeckers' taxes.
At a press conference, the hon. member for Repentigny clearly said that the purpose of his bill was not to question the merits of these foundations, although we never agreed with them. It is the foundations themselves that are targeted, not their mandate or relevance. It is the mechanism through which the government is pursuing, with taxes paid by Quebeckers and Canadians, public policies without parliamentarians having any control over these initiatives.
As I was saying, over the past seven years, close to $9 billion has been transferred to foundations. I want to be a little more specific for the benefit of our viewers. What are we talking about here?
For example, the Canadian Foundation for Innovation, which conducts industrial research and so forth, was established in 1997. It has received $3.6 billion from Parliament, Treasury Board and the Department of Finance.
There was a problem with the Canada Millennium Scholarship Foundation, which was created in 1998 and which has received $2.5 billion. If I remember correctly, all the parties in the National Assembly were uncomfortable with the idea that the federal government could intervene by granting educational scholarships, for excellence in education, since it does not have the relevant or appropriate jurisdiction to do so.
The Canada Health Infoway, created in 2000, has received $1.2 billion. In 2000, its first year, Genome Canada received $375 million. In the most recent budget tabled by the Minister of Finance, its funding was increased, as we all know.
The Aboriginal Healing Foundation, created in 1998, has received $350 million. Sustainable Development Technology Canada, created in 2001, has received $350 million. The Canadian Health Services Research Foundation, established in 1997, received $152 million in its first budget, but if I recall correctly, additional funds were allocated during the 2000 first ministers' conference.
Consequently, the hon. member for Repentigny did not tackle some sort of commonplace occurrence. There are billions of dollars going to foundations. So what is the dispute about, what is the basis of the problem? It is that both the Treasury Board and the Department of Finance take for granted that the moneys allocated to the foundations were actually spent by the government. Examples have been brought to our attention thanks to the vigilance of the Auditor General. We have learned that, in certain cases, money lay dormant in bank accounts for years. What is more, as we speak, although foundations were created back in 1999, 2000, 2001 or 2002, we know that the money has not always actually gone where it was intended, whether for research, bursaries, aboriginals or whatever. However, the federal government considers these as expenditures on its books.
This leads to two problems. As far as bookkeeping is concerned, it is dishonest. As far as policy is concerned, it lacks transparency. As far as Parliament is concerned, it is unacceptable, because accountability is obviously lacking.
In some countries this is cause for revolution. I wonder, in our parliamentary history—the hon. member for Repentigny knows the answer since he was a popular history teacher—what was the ministerial accountability in 1848? It was precisely that parliamentarians should monitor the budgets meticulously and with a sense of detail. Throughout our constitutional history, no one has been prepared to give up or cut down on the prerogatives of parliamentarians for that type of control.
The prerogatives of parliamentarians were given up, not subtly, but surreptitiously—there is no other word for it—and it was accepted as normal that the foundations should not have to come under the close scrutiny of parliamentarians.
We must thank the hon. member for Repentigny, and his assistant, for all the vigilance he demonstrated with this bill he introduced in this House. Out of pure respect for the prerogatives of parliamentarians, the best thing that could happen would be for this bill to receive support from all parties, and for it to be sent to the Standing Committee on Public Accounts for improvement, if necessary.
In my opinion, Parliament would be better for it and better equipped in terms of public accounts. This will be a lasting contribution by the hon. member for Repentigny to the development and future of our work.
Réal Ménard Hochelaga, QC
Mr. Speaker, I am very pleased to speak to Bill C-277, introduced by our likeable and endearing colleague from Repentigny. Today is a historic day in certain respects, as there is great hope that it will see this bill passed, without presupposing what the House intends to do, of course.
The hon. member for Repentigny, who is our critic for the Treasury Board and public accounts, has been very well advised to introduce a bill which, frankly, adds transparency, integrity and even broadness of outlook to our legislative process. His goal is to ensure that, as parliamentarians, we have total control over the funds allocated by the government. We are not talking about private foundations. I realize that, in very specific cases, foundations would still be able to use private mechanisms. But, for the most part, we are dealing with creatures of Parliament established by acts of Parliament, with respect to which it is appropriate, fair and wise that parliamentarians be able to follow how this funding is used.
As I understand it, the bill introduced by the hon. member for Repentigny has three main purposes. This is a very well-thought-out and relevant bill, as were all the other bills he has introduced in this House. He is a very prolific member in terms of legislation.
First, reference is made to the Auditor General, Sheila Fraser, whom everyone holds in high esteem. Can the Auditor General be considered an officer of the House?
