Bill C-461 (Historical)

CBC and Public Service Disclosure and Transparency Act

An Act to amend the Access to Information Act and the Privacy Act (disclosure of information)

This enactment amends the Access to Information Act to provide that the Canadian Broadcasting Corporation may refuse to disclose any information requested under that Act if the information is under the control of the Corporation and the disclosure would reveal the identity of any journalistic source or if the disclosure could reasonably be expected to prejudice the Corporation’s journalistic, creative or programming independence.
It also amends the Privacy Act to specify that certain information is not personal information for the purposes of that Act.

CBC and Public Service Disclosure and Transparency Act

[The Speaker, Conservative, Andrew Scheer]

The House now seems faced with what seems to be an unprecedented situation. Since the two hours of debate prescribed for report stage and third reading have concluded and the report stage motions have been disposed of, all questions necessary to dispose of the bill should now be put immediately to the House, pursuant to Standing Order 98(4).

However, the sponsor of the bill, the hon. member for Edmonton—St. Albert, has indicated that he does not wish to move the motion to concur in the bill as amended at report stage. Members will recall that pursuant to Standing Order 94, the Speaker may make all arrangements necessary to ensure the orderly conduct of private members' business.

Accordingly, I rule that the order for concurrence at report stage of Bill C-461, An Act to amend the Access to Information Act and the Privacy Act (disclosure of information), be discharged and the bill be dropped from the order paper.

(Order discharged and bill withdrawn)

[Brent Rathgeber, Independent, Edmonton—St. Albert, AB]

Mr. Speaker, as Motions Nos. 1 to 8 have all failed, the bill in its current form bears no resemblance to the original Bill C-461 and represents neither public service disclosure nor transparency as the now misnomer title would suggest. Accordingly, the sponsor of the bill does not move concurrence.

The House resumed from February 13 consideration of Bill C-461, An Act to amend the Access to Information Act and the Privacy Act (disclosure of information), as reported (with amendments) from the committee, and of the motions in Group No.1.

Public Service of Canada

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I rise today on behalf of my constituents in Surrey North to speak to Bill C-461, the CBC and public service disclosure and transparency act. Bill C-461 is a blatant attack on the CBC's ability to remain competitive and independent, which the Conservative government has tried to cloak with language of “transparency”. The Canadian public will not be served by the changes proposed by this bill. The only beneficiaries will be CBC's competitors.

How can the federal government, while demonstrating a trend toward greater secrecy and less transparency, ask for exactly the opposite from everyone else? In a stunning display of hypocrisy, the Conservatives continue to demand near limitless disclosure from first nations, labour unions, and now the CBC, while they simultaneously refuse to disclose the number of employees in the PMO who earn over $100,000.

If the Conservative government were truly interested in transparency, it would have supported the original salary disclosure measures in this bill. Instead, during the ethics committee's study of the bill, the Conservatives gutted these provisions by raising the minimum income threshold for full salary disclosure of federal employees from $188,600 to $444,661 annually. This amendment they introduced at committee was designed to effectively neutralize Bill C-461's salary disclosure measures, and rather than supporting transparency, as the name of this bill suggests, the Conservatives are doing exactly the opposite. By gutting the salary disclosure provisions proposed in this bill, the Conservatives are yet again demonstrating their aversion to any measure of true transparency.

I am sure Canadians are wondering why the Conservatives voted to raise the salary disclosure threshold. There must certainly be a valid rationale behind this particular decision. I am sorry to disappoint Canadians searching for this answer. There should be a reasonable explanation from the government, but there does not seem to be one. In fact, the federal director of the Canadian Taxpayers Federation noted that not a single witness nor committee member even spoke to why increasing the threshold was a good idea. I have to say that I agree with the director's prediction that this was probably because the Conservatives could not think of even one good reason to justify their action.

The Conservatives are demonstrating that they are nothing if not consistent in this position. Over the past few months, we have seen in the House their attempts at evasion and cloaking the truth. Even independent transparency experts have criticized the government for its deteriorating commitment to transparency. How can we be expected to work toward transparency when the government is unable to set a good example of what that should look like? Why should we settle for transparency for everyone except the Conservatives? On this side of the House, we believe in a regime of transparency and accountability that applies fairly to all aspects of the federal government. This is clearly not a view shared by my colleagues across the aisle.

I am sure we can all agree that it is of the utmost importance that the CBC remains accountable to Canadians. However, it is also important that CBC be able to protect its journalistic programming and creative activities in order to perform and deliver in this marketplace. This bill would make protection of that information significantly difficult and would threaten CBC's competitiveness and ability to produce investigative journalism.

It is important to acknowledge, first of all, that the CBC has taken measures to improve its access to information operations dramatically. In fact, the information commissioner remarked in her 2011-12 report cards that CBC had “achieved an outstanding level of compliance” and awarded the CBC an A grade for its performance under the Access to Information Act.

Furthermore, the CBC proactively discloses information to the public beyond what is required. The CBC's improvement in this area is even more impressive when compared to the federal government's own appalling performance in this regard.

The amendments in this bill would repeal the exclusion from the Access to Information Act of CBC's information that is related to journalistic, creative, and programming activities, and instead replace it with an exemption. Under this exemption, the CBC would be required to demonstrate that the disclosure of a record would be reasonably expected to prejudice the corporation's journalistic, creative, and programming independence.

Currently the Office of the Information Commissioner of Canada reviews the requested documents to ensure that the information relates to protected activities, and then makes a decision. Under the proposed exemption, the CBC would be required to turn over documents, as well as legal arguments, outlining how the release of the information would cause injury to the CBC.

This would place an undue and unfair burden on the CBC and would open a door to damaging requests, as well as needless and expensive legal battles. There is no other broadcaster that is subject to similar measures.

It is clear that these amendments would seriously threaten the CBC's journalistic operations. The majority of the CBC's access to information requests already come from its competitors. These amendments would only serve to exaggerate the situation and force the CBC to spend more time and effort protecting information relating to journalistic, creative, and programming activities from its direct competitors.

Why would we want to expose our public broadcaster to this extra burden, which would seriously threaten its competitiveness? These amendments are unnecessary. The CBC has already demonstrated excellent compliance with the Access to Information Act, and the Federal Court of Appeal has already settled the matter to the satisfaction of both the Information Commissioner of Canada and the CBC. There is absolutely no need to place an additional burden on CBC, our public broadcaster.

At the risk of sounding like a broken record, I must point out the hypocrisy of this bill. How is that the Conservatives can expect the CBC to adhere to an even more demanding access to information procedure when they are not performing to the level that CBC is? This is truly perplexing to me.

This bill is a backdoor attack on the CBC, targeting its ability to remain competitive and independent. The Conservatives have demonstrated, with their amendments to the bill, that they are not committed to ensuring transparency on salary disclosure.

I agree that the CBC must remain accountable to Canadians, but this bill would hinder its ability to protect journalistic, programming, and creative activities, which would negatively impact its ability to perform and deliver in the marketplace. I believe that the CBC should remain a strong and independent public broadcaster. The bill demonstrates that the Conservatives clearly do not feel the same way.

[Costas Menegakis, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, I am pleased to have this opportunity to speak on the subject of Bill C-461, an act to amend the Access to Information Act and the Privacy Act (disclosure of information). The bill was introduced in the House on November 5, 2012, by the member for Edmonton—St. Albert, and it has been the subject of numerous debates.

The bill was referred to the House from committee for third reading debate. Shortly before the debate took place, the member for Edmonton—St. Albert tabled eight motions to amend the bill as adopted in committee and as reported to the House on June 6, 2013. Today I wish to speak to these motions.

It is important to recognize that these motions fundamentally alter the state of Bill C-461. They would remove everything related to the records of the Canadian Broadcasting Corporation. These motions not only fundamentally alter the state of Bill C-461 as amended by the Standing Committee on Access to Information, Privacy and Ethics but also go against what the member for Edmonton—St. Albert originally proposed for Bill C-461.

The bill initially proposed to amend the Access to Information Act and the Privacy Act to make most of the CBC's information accessible under these acts. This was an important component of Bill C-461.

At that time, the bill proposed to change the treatment of the CBC's records to be in line with the recommendations made by the ethics committee during its study of section 68.1 of the Access to Information Act. Section 68.1 is the ambiguous and confusing exclusion currently applicable to the CBC. This is the provision that the Federal Court of Appeal described as “a recipe for controversy” in paragraph 69 of its decision in 2011 FCA 326, the case of the CBC v. the Information Commissioner of Canada.

The government will oppose all eight motions presented by the independent member for Edmonton—St. Albert and will ask that Bill C-461 be voted on in the state in which it was when it was referred to the House on June 6, 2013.

I will now speak on each motion separately.

Motion No. 1 would modify the long title of Bill C-461 to remove the reference to the Access to Information Act. Based on this motion, the title would now read “An act to amend the Privacy Act (disclosure of information)”. The motion goes against what the member from Edmonton—St. Albert originally proposed for Bill C-461 and against what was approved in committee. The approved version proposed to amend the Access to Information Act and the Privacy Act to make most information under the CBC's control accessible under both of these acts.

Motion No. 2 would modify clause 1 of the bill—that is, the short title of Bill C-461—by removing the reference to the CBC. With this motion, the short title of the bill would read “This Act may be cited as the Public Service Disclosure and Transparency Act”. Again, this motion goes against what the member for Edmonton—St. Albert originally proposed for Bill C-461 and what was approved in committee. Bill C-461 was originally about increasing transparency of the CBC by removing the broad exclusion that applied to it.

The government will oppose both of these motions, as they fundamentally modify Bill C-461.

Motion No. 3 proposes to delete clause 2 of Bill C-461 and thus remove the proposed injury-based exemption, which would relate to how records of the CBC are to be treated under the Access to Information Act. I will remind the House that the bill originally introduced by the member for Edmonton—St. Albert proposed this injury-based exemption.

As a result of this, repealing the current ambiguous exclusion available to the CBC—that is, section 68.1 of the Access to Information Act—would no longer be viable. That is reflected by Motion No. 4, which would delete the relevant section of Bill C-461. The effect of these two motions would be the continuation of the status quo for the CBC.

The effect of these two motions would be the continuation of the status quo for the CBC. The Access to Information Act would not apply to information under the control of the CBC that relates to its journalistic, creative, or programming activities, other than information that relates to its general administration. This ambiguous exclusion would remain and the public would be prevented from getting access to much of CBC's information.

As I have indicated, the government will oppose these motions.

Motion No. 5 would amend clause 4 of Bill C-461 by modifying the categories of personal information that could be disclosed by government institutions respecting their employees or officers, and the threshold for doing this. The new proposed threshold would be based on the sessional allowance payable to a member of Parliament.

Members have already debated what information should be disclosed under the Privacy Act. The bill was amended to reflect what the government considers necessary to promote more transparency at a certain level of the public administration.

The government will oppose this motion, as it alters Bill C-461.

Motion No. 6, would delete clause 5 of Bill C-461 and would therefore remove the proposed injury-based exemption, which would relate to how records of the CBC are to be treated under the Privacy Act. Here again, I will remind the House that the bill originally introduced by the member for Edmonton—St. Albert proposed this injury-based exemption.

The government will oppose this motion, as it modifies the essence of Bill C-461.

Motion No. 7 would delete clause 6 of the bill, which provides for an exclusion for personal information under control of the CBC that would reveal the identity of any confidential journalistic sources, and for personal information that the CBC collects, uses, or discloses solely for journalistic, artistic, or literary purposes.

The government amended the bill in committee to add an exclusion for any information under the control of the CBC that would reveal the identity of any confidential journalistic sources. The government strongly believes that the confidentiality of journalistic sources is a fundamental aspect of journalism, and we do not want to place the CBC at a disadvantage compared to private sector broadcasters.

The government will therefore oppose this motion, as it alters Bill C-461.

The effect of Motion No. 8 is that the status quo would remain for the CBC with respect to access to its personal information. The Privacy Act would continue to not apply to personal information that the CBC collects, uses, or discloses solely for journalistic, artistic, or literary purposes.

The government will oppose this motion as it modifies Bill C-461 in a fundamental way.

I am grateful for this opportunity to speak on these motions amending Bill C-461. As noted at the beginning, our government will oppose all eight motions presented by the member for Edmonton—St. Albert, and we ask that Bill C-461 be voted on in the state that it was referred to this House on June 6, 2013.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, the NDP will support the amendments to Bill C-461, but if they were not made, we would vote against the bill.

What can be said about this bill, which is typical of his government? What the government is doing is in fact exactly the opposite of what one might expect from the bill's title. It was supposed to address government transparency, but that is not what we got.

The bill was to require all direct or indirect employees of the government to disclose their salary if it was over $188,600. In order not to have to reveal what it was paying its special advisors, its numerous consultants and the employees in the Prime Minister's Office, the government increased this amount to $444,661. This is completely crazy.

The bill, which was introduced by a member who was a Conservative at the time, was essentially about transparency. Taxpayers are entitled to know how much people are being paid out of their tax dollars, particularly if their salary is more than $188,600.

You can be for or against this measure. However, in order to hide its use of the machinery of government for personal purposes, the government increased the amount to $444,661. Incredible. It is certainly indicative of this government's attitude.

The bill also imposed a number of restrictions on the Canadian Broadcasting Corporation, on the grounds that the CBC was not only an enemy of the Canadian people, but also a nasty crown corporation. Obviously the government feels that Sun News is much better and more intelligent. It is at least more conservative.

This use of government regulations for strictly personal and partisan purposes is nothing new. We have seen this in many other statutes. Private enterprise is deregulated and allowed to do whatever it wants. On the other hand, for members of first nations, the financial regulations are torture. They are far too stringent. The first nations are going to spend more time filling out government forms that working so that people in their community can have acceptable living conditions. That suits the government just fine. In the meantime, they will not be asking the government to build social housing. That is typical of this government.

It is the same story for unions. The government has spared no effort where unions are concerned. Everything has to be public, including private contracts. For example, Xerox has agreements with some unions. If a particular union asks Xerox to offer its services at a specified price, Xerox does not want another union asking it to lower its prices as well.

Once again, the government wants to cut spending with this anti-union legislation. The private sector can establish any company in any way. For a worker who wants to unionize, it is becoming difficult. Moreover, it is easy for the management to challenge the union certification of that worker.

Let us also not forget environmental groups, because all environmentalists are being targeted by this government.

Indeed, these groups are dangerous. They question the fact that the government is unable to reduce greenhouse gas emissions. Needless to say, that is not working.

Yesterday, we saw a surprising bill that can be legally challenged and is highly questionable from a moral point of view. It concerns officers of Parliament, who must now disclose their political past for the last 10 years. As far as I know, though, people in this country are still entitled to their own political opinion. They have the right to vote for whoever they want. This government does not seem to agree. Let us get back to this issue.

To say that this shows that the government has been in office for too long and the Prime Minister's Office—which is already struggling with many ethical issues—is not really interested in transparency is stating the obvious. This bill is not about transparency; it is about control. What the government wants is to allow private companies to acquire a non-competitive power against crown corporations such as the CBC.

We will talk about this later on, but that is the real goal. With its partisan approach, this government sees the CBC as an opponent. Of course, it is using this bill to do the opposite of what it was supposed to do originally, which was to disclose the salaries of all those who earn more than a member of Parliament. It is clear that the Prime Minister's Office does not want this information to be disclosed, although we know the Conservatives can be more cunning than that.

Instead of paying some expenses through the Prime Minister's Office or out of the Conservative Party fund, they appoint party fundraisers to the Senate to save money and make taxpayers pay. It does not cost the Conservative Party a lot of money, they get salaried workers who run fundraising campaigns on a full-time basis for them, and they are happy about that. However, Canadian taxpayers who see this are not pleased. When we see the blunders made by some Conservatives who really embarrassed the government with the magnitude of their excesses, it is easy to see that the government had other things to deal with.

Even organizers from the private sector told the committee this did not make any sense. Conservative members of the committee did not even bother to give a single reason for these changes. This speaks volumes about this government's inability to truly defend transparency.

As with everything else, the facts are hard to challenge. On the issue of the environment, the government may claim that acid rain does not exist, or that there is no greenhouse effect, but the facts show otherwise and people notice them. As for science, the government may claim it supports science, but when all the scientists say they are tired of being monitored and not being allowed to disclose their findings, again the facts are hard to challenge. In the case of the census, everyone told the government not to go ahead with its plan, but it did nevertheless. Now, Canada's censuses can no longer be used to anticipate medical services that should be developed in the future. For the Conservatives, climate change does not exist. People in Texas who are coping with a snow storm must really be having a good laugh. As for the CBC, the Conservatives are essentially saying that the corporation is not a problem.

There is nothing worse for a liar than the facts and the truth. We are going to support the amendments and this point of view on transparency. We are going to say yes to these amendments.

If the amendments are not adopted by the House, we will have no choice but to oppose this legislation, which is inappropriate, which is against Canada, and which does not promote transparency.

The House resumed from November 22, 2013, consideration of Bill C-461, An Act to amend the Access to Information Act and the Privacy Act (disclosure of information), as reported (with amendments) from the committee, and of the motions in Group No. 1.

Motions in amendment

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is a pleasure to rise today to speak to Bill C-461.

First I would like to compliment the member for Edmonton—St. Albert. He has obviously made an exceptional effort to get a better appreciation and understanding of getting a bill passed through the House, which can be a challenge at the best of times, as we all know. He has identified an issue that we collectively in the House hear a lot about. In the last number of months we have heard a lot about transparency and accountability, whether in this House or the Senate chambers.

In his own way the member has identified another way that we can ensure more transparency and accountability. I very much respect that.

It is most interesting to see the original wording of the bill and where it is today, where I had the privilege to second some amendments.

I am hopeful that members will see this situation for what it is. This private member has taken an exceptional amount of time to get a good understanding of an issue and then put it forward to the House of Commons. I have been a parliamentarian for over 20 years, and one of the things that I really respect about the House is the fact that we have private members' bills. We have hundreds of them.

Sadly, less than half will actually be dealt with. I think I am right in saying they number 200 or something of this nature, and if we sit enough days, my bill might actually come before the House, but most bills will never be voted upon.

It is a privilege to be in the House. It is a great opportunity if one gets the opportunity to bring an idea before the House. I like to think that at the very least we should preserve that aspect about private members' hour. It should not be based on party policy forcing all government members to vote a certain way or all Liberal members to vote a certain way. The same applies to the New Democratic Party. This should not happen during private members' hour when we are dealing with an issue of this nature. My understanding is it is supposed to be a free vote.

In looking at the legislation and the amendments that have been brought forward, and based on what I witnessed in the second reading vote and on my understanding of the issue of transparency and accountability, I believe the bill as amended should be able to pass on merit alone.

In the procedure and House affairs committee we were talking about proactive disclosure and how we in the Liberal Party have proactive disclosure. People can click on to the net and see the cost when I have flown to Winnipeg and come back. My hospitality costs are there . It is all there to be seen. The Conservatives are not exactly sure what it is yet, but they are saying “us too”. The NDP is saying it will at some point.

Why do I say that? It is because the member for Edmonton—St. Albert has found something all of us should be supporting. There were some reservations when it came in for second reading, if memory serves me correctly. I would have voted against it going into committee. The reason for that was the CBC aspect, but the CBC is no longer a factor in it now.

One of the nice things about committee is that members are afforded the opportunity to make some changes. We should value that aspect. It is the same thing with report stage. That is an important aspect of private members' bills.

One thing we have to be very careful of—

[Pierre Nantel, NDP, Longueuil—Pierre-Boucher, QC]

Mr. Speaker, I really appreciated the idealistic tone of the speech by my colleague opposite. It is important for those watching us today to truly understand what has happened.

A Conservative member introduced a bill that will allow the public to find out exactly how much money all federal employees making more than $188,600 are paid. He believes that this could lead to greater transparency in the public service and government agencies. We might think that he would have the support of his party, which was elected on the promise of transparency. Despite this reassuring tone, that is not at all the case.

On the contrary, his party let the member go ahead, the bill proceeded and, when the time came, the order was given to simply torpedo the bill, just like in a game of Battleship. When the bill was studied by the Standing Committee on Access to Information, Privacy and Ethics, all the Conservative committee members calmly raised their hands, without a word of explanation, and gutted the bill. They changed the wording so that only 1% of the public service—those earning more than $444,661 a year—would have to disclose their earnings. That is an absolute farce.

My colleague, the member for Rosemont—La Petite-Patrie, who I imagine was quite baffled, suggested that we rename the bill to better reflect its content. He suggested that it be named “An Act respecting the transparency of public servants earning more than $444,000 a year, with the exception of PMO employees”. I appreciate my colleague's rigour and concern for accuracy. We must call a spade a spade.

The last few months have been very difficult for the government. There have been major missteps and blunders, which generally indicate the end of a party's reign. The evolution of the bill is itself one of the Conservatives' major blunders.

Everything that elected Conservatives say they stand for, all the principles that they claimed as their own when campaigning and wanted to defend by putting their name on the ballot and asking for their neighbour's support, the very reasons they came to Ottawa for the first time as parliamentarians and proudly took their seats, all these principles are today back on the table. They are being called into question; they have been violated. It is shameful.

I am not questioning the good faith of most of my colleagues opposite. On the contrary, I put myself in their shoes, and I wonder how they might explain what happened here to their constituents or their base. On what basis can they justify and accept the government's actions in this case? There is some cause to wonder. There are some grounds for serious doubts, right?

No, that does not seem to be the case, since the Conservative members knew that one of their own wanted to introduce a bill on the disclosure of salaries of public servants and federal agencies. This is something that many of them would have probably supported, but they knew that there was an order from above, probably from the famous little boys in short pants running around in the Prime Minister's Office. We now know that they kept a close watch on everything that was going on in Ottawa to neutralize the provisions of the bill that amended the Privacy Act in order to allow for the disclosure of salaries.

This was to be a quick and dirty job, done discreetly and swiftly. Furthermore, the member who had the thankless task of proposing amendments to gut the bill, the member for Mississauga—Streetsville, whom I have to name here, did not even bother to explain himself or defend his position. He had to know that he was doing something that did not smell quite right. He clearly did not try to draw attention to his actions.

Moreover, all the Conservative members here fell in line and voted for the amendment. That said, all this was done in silence. No member bothered to speak. There are some things you just cannot talk about.

The government loudly and constantly claims to speak on behalf of taxpayers. However, the Canadian Taxpayers Federation expressed its disgust—yes, its disgust—at the government's actions on this front.

The federation's representative, Gregory Thomas, had this to say after a close look at Bill C-461: “Not one witness, nor one committee member even spoke to why increasing the threshold was a good idea. Probably because they couldn’t think of even one good reason.”

According to him, “Canadians expect openness from the Harper government, not cover-ups and stonewalling.”

He went on to say, “This is another example where the government is not walking its own talk when it comes to accountability.”

In closing, he stated that, “In light of recent scandals, we need more information and accountability from this government, not less.”

He was right when he said that not one witness supported the idea of increasing the threshold for disclosure. On the contrary, those very witnesses, including the Office of the Information—

[Dan Albas, Conservative, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I am pleased to have this opportunity to share the government's position on Bill C-461.

Bill C-461 was introduced in the House on November 5, 2012 by the member for Edmonton—St. Albert. As we now know, this bill has generated a fair bit of discussion. I believe that is healthy in any democratic society.

Bill C-461 has been subject to amendments that have also generated healthy democratic discussion.

It is important to recognize that bills are sent to the committee stage review as part of our democratic process. Committee review allows for input from stakeholders, expert witnesses, and those who may be impacted by any proposed piece of legislation. Let us never forget that legislation can affect the lives of Canadians. It is why we, as parliamentarians, must listen to all sides and strive to achieve a balance.

Our government is supportive of the principles raised by the member for Edmonton—St. Albert. The amendments to Bill C-461 provide a better balance in recognizing the obligation of the federal government as an employer.

Our government supports this bill, as amended. What exactly has been amended? In my view, we should not overlook that Bill C-461 proposes amendments to the Privacy Act. These amendments also coincide with this government's continuing goal of increasing openness and transparency.

Currently, much of public servants' expenses or salaries are protected under the Privacy Act. The Privacy Act is an important piece of legislation that protects the personal information of all individuals, including federal employees. However, the Privacy Act also recognizes the fact that federal employees work in the public domain. Increasing accountability and transparency requires that more personal information be made available to the public when that information is about positions or their functions within a government institution. The Privacy Act provides that this type of personal information should not be protected when an access to information request is made. That type of information should be disclosed.

What Bill C-461 proposes to do is specify that all expenses incurred by federal officers or employees of a government institution in the course of their work and for which they are reimbursed are not protected as personal information under the Privacy Act. If there was any ambiguity before, it would now be clear that this information could and should be disclosed to a requester.

Under Bill C-461, if individuals, in the course of their employment, incurred an expense and were compensated for that expense by the government, that information, the amount of compensation, could be disclosed.

Governments must spend public money wisely and only where necessary. A person cannot expect that the reimbursement of a work-related expense by a government institution will be kept confidential. It is in the public interest that the law be crystal clear on this point. I believe that this is an important aspect of public accountability. This is a small but reasonable addition that will make things clear for everyone.

Another aspect of Bill C-461 relating to transparency and public expenditures is the disclosure of the salaries of certain officers of government institutions. Currently, the Privacy Act authorizes government institutions to disclose the salary range, the classification, and the responsibilities of the position held by all officers and employees. For all public servants, this information is not treated as personal information. Therefore, this information can be disclosed under an access request. We believe that for the majority of public servants, this is sufficient and reasonable.

Where I believe we need to go further is with respect to the highest paid individuals in government institutions. Many provinces disclose, often proactively, the exact salaries of its highest earners. These are called sunshine lists. Publicly traded corporations routinely release the amount of compensation for their top officers. The idea behind this is that stakeholders in the company deserve to know the exact amount the highest compensated individuals are taking home.

When it comes to government, all taxpayers are interested stakeholders, and they deserve to have this information. In these cases, it is not sufficient to know the salary ranges and job classifications of some of the highest earners in government. These people receive bonuses and other discretionary benefits from government institutions. Often what these individuals will receive at the end of the year from an institution is substantially higher than what is publicly announced for their position. That is why we believe that government institutions should be authorized to disclose the exact salary paid to the highest earners. This would include all the bonuses and benefits given to the individual.

We strongly believe, however, that this level of intrusion on an individual's privacy should be reserved for the highest paid individuals only. This is what we have done in Bill C-461.

In conclusion, I want to say that this bill enhances transparency in the operations of government while still maintaining a critical balance that is respectful of personal privacy.

Employees and institutions are entrusted with the financial administration of the public purse and should be able to demonstrate where and how that money is being spent. Individuals should be able to request records and review expenditures by public servants, and this should obviously include the CBC. It will improve the overall confidence and trust in our institutions.

I would urge this House to adopt Bill C-461 as it is presented today. The improvements this bill proposes to the Access to Information Act and the Privacy Act are sensible and promote transparency, openness, and accountability in key ways across government.

[Brent Rathgeber, Independent, Edmonton—St. Albert, AB]

, seconded by the member for Winnipeg North, moved:

Motion No. 1

That Bill C-461 be amended by replacing the long title on page 1 with the following:

“An Act to amend the Privacy Act (disclosure of information)”

Motion No. 2

That Bill C-461, in the short title, be amended by replacing line 4 on page 1 with the following:

“1. This Act may be cited as the”

Motion No. 3

That Bill C-461 be amended by deleting clause 2.

Motion No. 4

That Bill C-461 be amended by deleting Clause 3.

Motion No. 5

That Bill C-461, in Clause 4, be amended by replacing lines 4 to 20 on page 2 with the following:

“(iii) the total annual monetary income of the individual, including any performance bonus, as well as the job classification and responsibilities of the position held by the individual, and any additional responsibilities given to the individual, if that income is equal to or greater than the sessional allowance—within the meaning of the Parliament of Canada Act—payable to a member of Parliament,

(iii.1) the salary range of the position held by the individual, as well as the classification and responsibilities of that position, if the individual's total annual monetary income, including any performance bonus, is less than the sessional allowance—within the meaning of the Parliament of Canada Act—payable to a member of Parliament,

(iii.2) the expenses incurred by the individual in the course of employment for which the individual has been reimbursed by the government institution,”

Motion No. 6

That Bill C-461 be amended by deleting clause 5.

Motion No. 7

That Bill C-461 be amended by deleting clause 6.

Motion No. 8

That Bill C-461 be amended by deleting clause 7.

He said: Mr. Speaker, it is a pleasure for me to speak to the amendments that you have just deemed to be admissible with respect to the report stage of Bill C-461 dealing with public sector transparency.

The bill, in its original form, is intended to do two fairly modest things. It attempted to remedy a well-documented and often litigated flaw in the Access to Information Act regarding the public broadcaster. Section 68.1 has been the matter of no less than 14 separate pieces of litigation between the information officer and the Canadian Broadcasting Corporation.

Both the Federal Court and the Federal Court of Appeal found that section 68.1 of the Access to Information Act, brought in by the Conservative government in 2006, is flawed in its drafting because it creates an exclusion subject to an exception. Section 68.1, and I am paraphrasing, says that the freedom of information act does not apply to the Canadian Broadcasting Corporation in terms of its documents and information that relate to its journalistic, creative or programming activities, other than information that relates to its general administration.

We can see the problem. It creates an exclusion where the act does not apply except under certain circumstances, in other words, matters regarding general administration.

In my view, and in fairly well-documented examples, the Canadian Broadcasting Corporation was able to use section 68.1 to deny the disclosure of documents that were under access request. The fact that the act did not apply indicated there was no power of review from the Information Commissioner. The Information Commissioner gets her powers of review from the act, so if the act does not apply there is no power of review.

This bill, in its original form, attempted to remedy this. It attempted to remedy what two federal courts indicated was not a model of clarity and was very awkward in its drafting.

The Standing Committee on Access to Information, Privacy and Ethics did a complete study on section 68.1 because there was so much controversy and misunderstanding. There were also 14 pieces of litigation between the information commission and the CBC.

The committee heard testimony. The Information Commissioner, Ms. Legault, testified in front of the standing committee on access. She recommended that section 68.1 be repealed and that it be replaced with an injury-based exemption, not an exclusion. It would be discretionary, so that if the test was made that the CBC would somehow be injured in terms of its independence, she would recommend against disclosure. However, if there was no prejudice or injury, she would recommend that the documents be disclosed.

It all seemed perfectly reasonable at the time, and that recommendation was incorporated in the original version of Bill C-461.

We heard evidence at the committee, and we had a number of hearings. I am not a member of the committee, but I sat through them as an interested member and as the sponsor of the bill. We heard cogent evidence that the independence test was too narrow. It created a level of discomfort within both the broadcast industry and the public broadcaster that the independence test was too narrow and it might be expanded to include something similar, to protect not only the independence but the freedom of expression of the corporation.

I conceded at the last of my three witness appearances before the committee that it would be helpful. Wording to protect not only the independence of the corporation but also its freedom of expression would be helpful, and it would give a greater level of comfort to both the industry and the Canadian Broadcasting Corporation. However, the committee, or at least the majority of the committee, was disinclined to accept that type of recommendation, so it was not passed.

The committee did pass a most unhelpful amendment regarding journalistic source protection. The House will recall that the problem with section 68.1, as it still is in the act and in law today, is the exclusion at the beginning with the words “This Act does not apply..”.

What did the government do to amend it at committee? It granted another exclusion. It provided an absolute exclusion for journalistic source privilege. It recommended the wording “This Act does not apply..”, which means that the Information Commissioner has no powers of review. Therefore, decisions of the Canadian Broadcasting Corporation with respect to journalistic source privilege are absolute and not subject to review by the Information Commissioner.

The inevitable result of that untenable situation is litigation. The Information Commissioner said as much when she appeared before committee. If her powers of review are compromised, she would have to go to court to get clarification of those powers because section 36 of the act gives her unfettered power to review documents under the control of government institutions.

The government, in its so-called wisdom, proposed the exact same problem that we just set out to remedy, which was that we were replacing the exclusion in section 68.1 with a discretionary exemption. Then government members went ahead in their amendments at committee to provide an exclusion with respect to journalistic source privilege.

I believe, and I say this with some regret, that the bill as amended by the access committee is actually worse than the status quo, the existing provisions regarding the Access to Information Act.

My intent was to provide clarity and certainty, and to have less litigation rather than more litigation. The government refused to entertain amendments regarding extending the discretionary exemption to include freedom of expression, in addition to its insistence that an absolute exclusion be given with respect to journalistic source privilege. I think that makes this a bad piece of legislation with respect to the CBC access.

In the motions that have been tabled, I am proposing the deletion of any reference to access to information regarding the Canadian Broadcasting Corporation, including the name of the bill. Motions Nos. 1, 2, 3, 4, 6, 7 and 8 deal with the deletion of sections regarding the Canadian Broadcasting Corporation's obligations under the Access to Information Act.

I still believe that section 68.1 needs to be fixed because it is awkwardly drafted. The courts have called it “not a model of clarity”. When there is an exclusion and then the exclusion is limited with an exception, we would have nothing but misunderstanding and litigation. It has to be fixed, but the bill in its current form does not fix it. In fact, in my view it makes it worse.

With respect to journalistic source privilege, I absolutely understand the importance of allowing journalists to protect their confidential sources. The Information Commissioner has had 1,200 cases before her, and not one has ever dealt with journalistic source privilege. As well, the name of an informant is confidential information under the Privacy Act and could not be disclosed. The CBC amendments at committee were most unhelpful.

With my remaining time, I want to deal with what I think is the most contentious issue, and that is with respect to salary disclosure. The bill attempts to allow an amendment to the Privacy Act to allow specific salary and job description disclosure for a civil servant over an appropriate range. The range in the unamended act was for the lowest level of DM1, or $188,000. However, the committee in its wisdom, and I say that with more sarcasm than I have ever used in my life, decided to raise the disclosure bar to $444,000 to ensure it could not apply to any DM, including a DM4, or anybody below him or her.

I am not sure how the government reconciles that with Treasury Board proactive disclosure. If an individual has a contract with the Government of Canada for as little as $10,000, their name, their contract and the value of their contract is on a Treasury Board website. However, if the individual is a deputy minister making $444,000, apparently the privacy laws of Canada are made to protect them.

The nub of this issue, in my view, is the performance bonus. The Parliamentary Secretary to the Minister of Justice will get up and talk about already disclosing ranges of salary. That is true. However, a DM4 is the highest level. The range is $272,000 to $319,000, and that is a pretty big range. That is almost $50,000.

However, that does not end it. A deputy minister at that level is entitled to up to a 39% discretionary performance bonus, or $123,000. Nothing in our current privacy provisions or access to information allows any interested Canadian to find out anything about a performance bonus, and that to me is deficient.

This bill attempts to undo the damage done by the access committee on June 5 of this year, which incidentally was the same day I left the Conservative caucus, and to promote transparency and disclosure, not opaqueness and secrecy. Given all the allegations of secrecy and opaqueness in this town, I would think that the government would grab my amendments and support transparency and salvage its reputation.

Speaker's Ruling

[The Acting Speaker, Conservative, Bruce Stanton]

There are eight motions in amendment standing on the notice paper for the report stage of Bill C-461. Motions Nos. 1 to 8 will be grouped for debate and voted upon according to the voting pattern available at the table.

The House proceeded to the consideration of Bill C-461, An Act to amend the Access to Information Act and the Privacy Act (disclosure of information), as reported (with amendments) from the committee.

Public Service of Canada

[Brent Rathgeber, Independent, Edmonton—St. Albert, AB]

Mr. Speaker, in 90 minutes the House will debate amendments to Bill C-461 dealing with public sector salary disclosure. For weeks, the Parliamentary Secretary to the Prime Minister has become quite fond of saying that on that side of the House the Conservatives will always stand up for taxpayers, and I want to put that theory to the test.

Will the government support amendments to Bill C-461, fully supported by the Canadian Taxpayers Federation, to lower the salary disclosure bar for public servants from the ridiculous $444,761 to a more defensible sum, and that is the salary of a member of Parliament?

Access to Information

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, I have a very simple question for the Prime Minister.

Why did the government amend Bill C-461 in order to hide information on salaries under $480,000?