Bill S-14

Bob Dechert Parliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, the great irony here is the legislation the member is complaining about, the legislation that he says is not robust enough to convict Canadian companies responsible for corrupting foreign public officials, is known as the Corruption of Foreign Public Officials Act. It was passed in 1999 by the government the member was a minister in. Now he stands here today and says that there have not been enough prosecutions, not enough investigations under that act. It was actually his party, the government he sat at the cabinet table of, that passed that act and then sat on it for several years. That is the legislation the member is now complaining about.

Our government came forward with Bill S-14. The president of Transparency International, whom the member likes to quote, has said that Transparency International is delighted that the Government of Canada is moving to strengthen the corruption of foreign public officials act, the one that his government passed that is not robust enough to do what he says it should do, in accordance with Canada's international obligation and encourages the government to ensure that the RCMP have the resources necessary to enforce the CFPOA effectively--

John McKay Scarborough—Guildwood, ON

moved that Bill C-474, an act respecting the promotion of financial transparency, improved accountability and long-term economic sustainability through the public reporting of payments made by mining, oil and gas corporations to foreign governments, be read the second time and referred to a committee.

Mr. Speaker, I thank my hon. colleague from Winnipeg North for being the seconder to this bill.

It appears we are at the end of a parliamentary week and this has indeed been a week about corruption, I am afraid. I wish it were not so, but it is.

Ironically, today, the government introduced Bill S-14, which is a bill about corruption and we had quite a number of interventions on that bill. Then question period followed and that, too, was, regrettably, about carryings-on about corruption, bribery and things of that nature. Then we were supposed to proceed with Bill S-14 after question period, but the government switched off that bill.

However, my colleague from the NDP raised the issue of the report of the foreign affairs committee where, in fact, it was also a discussion in some manner or other about the use and abuse of aid money in the extractive sectors.

Here we are, at the end of our parliamentary week, talking about bill C-474, which I have suggested be called the “sunshine bill”. The reason we call it the sunshine bill is that sunshine is light on, how shall we say, murky practices. It is light on goings-on that people only suspect.

However, it also has another aspect. Sunshine also has the aspect of killing bacteria. In some respects when we have legislation such as the sunshine bill, I would suggest it would not only shed light on somewhat murky and dubious practices, but it would also kill off some of those murky and dubious practices.

The bill is, as far as I have been able to make it within our legislative framework, a mirror image of the Cardin-Lugar amendment to the Dodd-Frank bill.

Members will recall that in 2008-09 the world went through a pretty significant financial crisis. The major legislative response by the United States was the Dodd-Frank bill. In the Dodd-Frank bill was an amendment made by Senators Cardin and Lugar which said, in effect, that an extractive company operating in a foreign jurisdiction must, within 180 days of its fiscal year end, produce an audited statement to be filed with the Securities Exchange Commission, which discloses all payments it has made in the course of its previous fiscal year, those payments being taxes, royalties, dividends, licence fees, production entitlements, bonuses, provision of infrastructure and other in-kind payments and a variety of other payments that would be appropriate to disclosure.

Insofar as I have been able to make this bill as mirror image as our American friends have done, I have done so.

In the United States, the sanction for failing to file will be delisting from U.S. stock exchanges. Therefore, we can imagine that the Americans are very serious about corruption. Failure to comply means that a company will be delisted from, primarily, the New York Exchange. Its stock will be worth zero. The company will be functus. That is how serious the Americans are about corruption in companies in which it has administrative jurisdiction.

We do not have a national securities regulator. That case was decided about a year ago. I actually applaud the government's efforts to try to create a national securities regulator. Our securities regulation in the country is a joke. There are all kinds of little silos doing various different things. Therefore, I applaud the government's efforts, but those efforts failed. As a consequence, we had to rejig the sanction to be a fine sanction.

Failure to file with the government in a similar fashion as the Cardin-Lugar amendment would, in this instance, attract a fine rather than a delisting from a U.S. stock exchange.

I know the Americans are extremely keen on this legislation. In 2011 or 2012, I am not quite sure in which was the meeting, President Obama raised this matter with his G7 partners. All the partners at the G7 wanted each nation to commit to legislation similar to the Cardin-Lugar amendment. The only nation that resisted was Canada, which is quite regrettable because we are the world centre for the extractive industry. More transactions take place on the TSX than pretty well anywhere else in the world. This is the centre of the world for mine financing, law firms, accounting and geology. We are the best in the world in mining. That is an extremely important industry to us and our nation's well-being. Therefore, we should also be the leaders in an international regulatory environment for the benefit of our nation and the companies that call Canada home. It is good for Canada, for the industry and it is good for our national reputation.

Unfortunately, Canadians are fed up of reading in their national newspapers and other media about various companies that find themselves on the wrong side of bribery allegations, the latest example being SNC-Lavalin, which is by anyone's standard a world-class engineering firm. However, because of bribery convictions in Bangladesh, it has been barred from competing in world bank contracts for the next 10 years. That basically takes SNC-Lavalin, and essentially Canada, out from competing for engineering projects. Officials have been fired and the stock has been hammered.

One can go through quite a number of Canadian and Canadian-based companies such as: the Calgary-based Griffiths engineering company, which recently paid a $10 million fine for an inappropriate financial relationship with the wife of the Chad's former ambassador; Niko Resources another $9 million fine in 2011 for again an inappropriate relationship with a former energy minister in Bangladesh; and Blackfire Exploration Ltd. is having its offices raided by the RCMP.

This is serious stuff. The common pattern is the conviction gets registered, the officials get fired, the stock gets hammered, so there is a bunch of unhappy people and the most unhappy of all are the shareholders. All of us are shareholders in many of these companies because they are all on the TSX and our Canada pension plan has large holdings on many of these companies.

It gets worse than that. Members may or may not have caught an article in the Globe and Mail last year entitled “Canada ranked worst of G7 nations in fighting bribery, corruption”. In the second paragraph it states:

Transparency International, a group that monitors global corruption, put Canada in the lowest category of countries with “little or no enforcement” when it comes to applying bribery standards set out by the [OECD].

Mr. Dent further states that:

—the United States has prosecuted more than 200 companies and individuals, many of them “a veritable who’s who of the corporate world”...

The United States is serious about this kind of corruption and is very serious not only in a legislative fashion but also in a prosecutorial fashion in trying to deal with these allegations and concerns.

The United States, in a comparable period of time, has conducted 227 prosecutions. In a similar period of time, we have conducted two. We are the world centre for mining. Maybe when things go north of the border, we suddenly become a whole lot better than the rest of the world. I suppose we are entitled to believe in our fantasies.

However, the Americans, the British treat and the Europeans treat this very seriously. Unfortunately, the big hole in the legislative fence is right here. This has reputational damage, and it is not only reputation.

I hear my friends chirping over there because they are a little nervous that they have been caught with no legislative response going into the G8 next month.

If Conservatives do not think this is serious to shareholders, if they do not think it is serious to management, if they do not think it is serious to our corporations or our corporate brand, they should think about it in terms of our national reputation.

Positive views of Canada fell most steeply in the United States, Britain and China, according to the BBC World News survey of 20,000 people in 20 countries who were asked if Canada had a mainly positive or negative influence on the world. It is the first time Canada's popularity among its major trading partners has declined since polling from GlobeScan began tracking international sentiment in 2005.

GlobeScan chairman, Doug Miller, said, “the deterioration could hurt Canadian business interests”. He said, “If the conditions persist, it can start to set in more cognitively and become an anchor that weighs down [Canada's] reputation. What countries have found is that it's extremely hard work to regain trust”.

The industry is actually cognizant of this. The industry gets it. Over the last couple of years, I have been meeting quite regularly with industry groups. In many instances they have signed up for EITI, the extractive industries transparency initiative. In many instances they understand that not only is it important that their company have a good reputation, but it is important that their industry have a good reputation and it is important that our nation have a good reputation.

They have conducted on their own, at their own expense, all kinds of seminars, education things and the government has in some respects facilitated some of that discussion with the Vancouver-based organization which is on EITI.

Interestingly, Canada as a nation, unlike other nations like the United States, has not signed on for EITI. We actually cannot hold our own companies to account, even though some of our own companies have voluntarily joined the EITI initiative themselves.

Joe Ringwald, Transparency International Canada representative and an industry representative, said, “It is become important to become a leader in order to gain this reputational advantage”. He also stated that Canada had become a laggard on this industry, that industry in general was taking a favourable tone to this legislation and that there had been a number of industry players who wanted transparency.

The industry, the various other actors, the NGOs and others are stepping up to the plate, but what is really worrisome is that, internationally, we are about to get one more black eye.

At the G8 meeting in June, Prime Minister Cameron wants transparency to be one of the takeaways from that meeting. He wants the rest of the G8 partners to adopt the legislation similar to the Cardin-Lugar amendment. Thus far we are going in with fig leaves.

Bill S-14 is a fig leaf. It is wonderful in so far as getting prosecution, but it is not much good in terms of generating evidence.

I would encourage my colleagues, particularly my colleagues opposite, to support this legislation. This is extremely important to the industry and extremely important for our nation.

John McKay Scarborough—Guildwood, ON

Mr. Speaker, we might title this day “corruption day on the Hill”. After all, for the first hour or so, we are going to be talking about Bill S-14, a bill on bribery and corruption. I dare say question period will have something to do with the other place, which might have something to do with bribery and corruption. Then we will go back to debating this bill, which is clearly about bribery and corruption. Then we will be on to debating my sunshine bill, which is also about bribery and corruption. I would say that this is corruption day on the Hill.

I take note of the irony, as has my colleague, but there is also a double irony going on here. The government's position is that it wants us to support Bill S-14, which we both agree is a good idea. However, when it comes to actually generating evidence that would support prosecutions under Bill S-14 the government does not want Bill C-474 to pass or to see the light of day.

It is great to say that we have all this great law, but it is utterly useless if in fact we cannot generate the evidence.

I am quoting from what the parliamentary secretary seems to be fond of quoting from:

Transparency International, a group that monitors global corruption, put Canada in the lowest category of countries with “little or no enforcement” when it comes to applying bribery standards.

And also:

By contrast, the United States has prosecuted more than 200 companies and individuals, many of them “a veritable who’s who of the corporate world”.

My question is very simple. What is the use of Bill S-14 if in fact Bill C-474 does not pass and if in fact there are no resources available to the RCMP?

Paul Dewar Ottawa Centre, ON

Mr. Speaker, I rise today to speak to Bill S-14. As I do with all of the bills that come from the Senate, I have to start by talking a bit about parliamentary democracy, particularly with respect to this legislation.

We are seeing this disturbing trend where bills come to his place that originate in the Senate. I do not know what those members over there were thinking when they were first elected, particularly those who started with the Reform Party, but we have never seen so many pieces of legislation. Was that Preston Manning's vision of what the Senate would become? Over 58 senators have been appointed by the present Prime Minister and they were not appointed on the basis of merit but rather on who they knew. We see what is unravelling there now.

The originators of this piece of legislation are in that place. This legislation is about corruption with companies that some of the people over there have some problems with. There is a conflict of interest here. If members across the way cannot see this, then they should open their eyes. How could they not have caught this? They could not even see the fact that a bill that deals with corruption with companies should not start in the Senate where people are still sitting on boards of corporations. It is called a conflict of interest, and that whole place is a conflict of interest it seems these days.

This does need to be pointed out to Canadians as they watch the crisis in Parliament and in the Senate. Senators who have been appointed to that place sit with elected members from this place in caucus every Wednesday, and they share all their information and wisdom. They are seen as legitimate players in terms of what happens in our parliamentary democracy. That is a shame, and it obviously should be changed. This legislation should be dealt with through sober eyes and with clean hands. I am sorry, but there is a problem when people who sit on the boards of corporations are the originators of this legislation. I cannot believe the Conservatives could not see that; although these days there is a bit of a fog over there as to principles and ethics. Everyone knows about that.

Bill S-14 is overdue. Canada ranks dead last when it comes to transparency. The government talked a good game in 2006. I just heard the parliamentary secretary's rationale of “could not get it done”. That reminded me of the previous government that was going to do all sorts of things on climate change and so on, but it just could not get it done. The Conservative government has been in power since 2006, and Canada is ranked dead last in the G7 when it comes to transparency.

However, now it comes forward at the last minute. We will be embarrassed at the G8 if we do not get in line with what other G7 countries want to do, and that is to have full disclosure with Canadian companies, particularly the extractive companies, when it comes to doing business abroad. The bill would not deal with that. The bill is the bare minimum when it comes to looking at corruption and how Canadian companies do business abroad, which is basically after they are caught.

We need to go much further than this. We need to look at the initiatives taken south of the border. We need to think about what we are going to see when the G7 comes up. British Prime Minister Cameron is going to talk about taxes, transparency and trade. Under transparency, he is going to put on the table the EITI principles, which Canada has been called out on. Right now, Russia and Canada are the two countries in the G8 that are being called out for not doing enough. We have to change that because it involves our good name.

I will not bite on the parliamentary secretary's notion that the NDP is against all mining, gas and oil. Many of us have worked in those sectors. We represent constituents who work in those sectors. I am not sure if he has been there, but the parliamentary secretary should go to northern Ontario and he would understand that. Alas, I will not bite on that. It has no credibility, as is often the case with the parliamentary secretary.

We need to understand that if we do not do more, if this is all the government has to offer in terms of Canada crawling out from last place in transparency, then we have failed. Not only will we have failed in terms of our reputation abroad, but we will have failed Canadian companies. Let me spend a couple of minutes speaking on that.

Right now the mining sector is ready to fully embrace the principles of disclosure. It is stunning that the government has not actually met the industry's wish to have that happen. Why is it doing that? It is because the world has changed and these guys are living in the past. The Conservatives think they can go with the old rules and everything will be fine, that people sit around the table and say, “We have to catch up with this because if we don't it's going to catch up to us”.

The world is passing us by. Industry is passing us by. Industry actually wants to embrace full disclosure of all transactions with foreign countries and companies that they are doing business with overseas. It is really bizarre for me to see that the government is so far in the past and that we have every other country in the G7 passing us by. Canada used to be the leader in the area of international law transparency. We are dead last right now.

Bill S-14 would create new offences for those who are concealing records. Fine. It would make sure the notion of the exception for so-called facilitation payments would be dealt with. SNC Lavalin could tell us a lot about that; obviously, that is something it got caught in. Should we have dealt with that a long time ago? Absolutely. Is it going far enough? Absolutely not. It is a question of whether the government actually believes in corporate social responsibility. That is what it is about.

What the government fails to do, sadly, is to understand that the rest of the world is moving ahead. If it is going to be stuck in the past, it is at the cost of Canada's reputation, and actually at the cost of Canadian businesses, because no country will want to have a company coming in that is not up to the highest standard. Those are the old days, where they could say they were going to open up an operation in a country and they would have to do certain things because it is a cultural thing there, the way they do business, and just pretend it is okay. Those days are gone, and the government had better wake up to that because the future is about full transparency. It is about full daylight. It is not just about bringing in provisions like this bill, which was something that should have been done decades ago; it is about actually going much further.

When we look at Canada's footprint in the world, we should be leaders. Canada's footprint, particularly in the extractive industry, in mining, and gas and oil to some extent as well, is massive. As members probably know, we have the largest footprint when it comes to concentration of investment, and just look at the Toronto Stock Exchange. That is something we have to pay particular attention to. If we are not careful and we are not bringing in full transparency and requirements for industry when doing business abroad, it could affect investment, in the short and the long run, frankly.

We will see other countries passing us by. Also, if countries that are wanting to get into this field see Canada as living in the past and not being brought up to the standards that many in the international community have embraced, then that will affect investment and jobs. It will mean that instead of being seen as a leader in this area, Canada will continue to be seen as a laggard.

It is interesting that the government did not add more teeth to this legislation earlier. I say that because we had some very fulsome debates on the idea of corporate social responsibility. I know my colleague from the Liberal Party will recall that. At the time, the government was so consumed with shutting down any further requirements for industry when doing their business abroad that it forgot to look at what was happening around the world. At the time it was just about “kill that bill”, and it was successful in doing so. What it forgot to do was to look around and notice the world was changing. Even countries that are often criticized, like China, is doing a lot to change the way it is doing business abroad.

I find it rather simplistic, at best, that the government decided it would only bring forward this legislation after being in power since 2006, that it would come from the Senate, which is the definition of irony, I guess, and that it would not understand that we have to do more in this area.

When some of us travel abroad, we talk to people in government and on the ground and ask, “What are your feelings about what is happening in terms of Canada's participation in your country?” The one thing many people say is that they would like more enforcement in terms of transparency. They say that because they actually want us there, there is no question about it. By and large, Canadian companies have a good reputation; the parliamentary secretary and I agree on this. However, people want us to go further and embrace the norms and standards that the rest of the world has now embraced.

I think of places I have been to like the Congo. There was a recent study by Kofi Annan, in which he identified the problem now in the continent of Africa, where there is massive investment. The problem is that the people who are responsible for, so to speak, stewardship of the land and people who live on the land, are not seeing the benefits. Essentially, it is because money is being sucked out of the continent. It is going elsewhere and they are not seeing the benefits. That social contract that is absolutely critical when investing anywhere in Canada, but especially overseas, is being disrupted. People are not seeing the benefits of having an enterprise in their communities and many now are fighting against it. Clearly, we have to get our house in order. Clearly, we have to do more than what is being offered in this bill. As I said at the beginning, New Democrats will support this bill in principle and study it in committee.

One has to ask oneself if the government actually understands what is happening in the world today. I would argue it does not. There are, as I said before, umbrella groups that represent mining saying they are ready and absolutely on board with full transparency and strengthening the EITI principles. They tell government to get on board and get going and they get silence, at best, from government. One has to wonder what world it is living in.

If we look at what is happening around the world, the world has changed significantly. We see developing emerging economies with more capacity to develop their own resources. We see that the BRIC countries are obviously playing a more significant role than even five or six years ago. Instead of trying to do the minimum, Canada should be doing a lot more because what it means for both our reputation and ability to do business are absolutely connected.

I will give the example of China. Many people have talked over the years about how much China is involved in the development of oil and gas and mining overseas. In fact, there was an issue on the west coast of Canada with a Chinese mining company. It understands now that it cannot go in and do whatever it wants. It has to substantively change its business model, ensure there is no corruption and that it adheres to some basic norms. That is a big change because it knows that at some point the host country will no longer welcome it if there is seen to be, and there is, a lack of transparency.

Internationally, Canada has the responsibility to engage in responsible commerce. I will tell the government to look at what it has done to date. It decided that it would fight to the end on strengthening corporate social responsibility and it brought in a counsellor on the issue. Everyone who has studied the operations of that office will note that it is like the integrity commissioner. There is a person at that office, but there is not a lot going on. The lights are on, yes, but I am wondering if anyone is home.

The question for the government is if this is all it has and this is its vision. Canadians want more, that is clear, that is within our values, but on the business side they want to see that there are clear rules. Two things businesses want are consistent rules and fair rules. Right now they are looking at government and there is a fog. I say that because there is this line that the Conservatives use over and over again, that they are for trade and New Democrats are against trade, they are for business and New Democrats are against business.

Bob Dechert Parliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, it is my pleasure to rise today to begin debate at second reading of Bill S-14, the fighting foreign corruption act.

On February 5, our government announced further steps to combat corruption and bribery by tabling amendments to the Corruption of Foreign Public Officials Act, or the CFPOA.

Canada has long played a prominent role on the international stage in combatting corruption. Bill S-14 signals our commitment to further deter and prevent Canadian companies from bribing foreign public officials.

The amendments proposed in Bill S-14 are intended to ensure that Canadian companies continue to act in good faith in the pursuit of freer markets and expanded global trade. They also signal our commitment and our expectation that other countries do the same.

The CFPOA has been in force since 1999 and was first introduced to implement our international obligations under the OECD anti-bribery convention and two more anti-corruption conventions through the OAS and the UN.

In essence, the CFPOA makes it a crime in Canada to bribe a foreign public official to gain a business advantage abroad. It also makes it possible to prosecute a conspiracy to commit or an attempt to commit such a bribery. It covers aiding and abetting the commission of bribery, an intention in common to commit bribery and counselling others to commit bribery.

Laundering property and the proceeds of crime, including the proceeds of bribery offences, as well as the possession of property and proceeds, are already offences under the Criminal Code. The new offences being created in the CFPOA would also be captured by these Criminal Code provisions once they were in force.

The six proposed amendments included in Bill S-14 are intended to answer the call for enhanced vigilance. They demonstrate a comprehensive approach to fighting bribery and signal our government's strong and unwavering commitment to that fight. I will explain each of these in turn.

The first amendment, the introduction of nationality jurisdiction, would allow us to prosecute Canadians or Canadian companies on the basis of their nationality, regardless of where the bribery takes place in the world. Currently, we can only do so after providing a substantial link between the offence and Canadian territory.

The second amendment would provide exclusive authority to the RCMP to lay charges under the act. This would ensure that a uniform approach is taken across Canada and would raise awareness of Canadian businesses regarding the RCMP's primary role in the CFPOA investigations.

The third amendment, the elimination of the words “for profit” from the definition of “business”, would ensure that bribery applies to all, not just those paid by businesses that make a profit.

The fourth amendment would increase the maximum jail term to 14 years. It is currently punishable by a maximum of five years' imprisonment and unlimited fines. The possibility of unlimited fines will remain as it is.

The fifth amendment creates a new books and records offence specific to foreign bribery. International anti-corruption treaties to which Canada is a party require that measures be put in place to ensure that individuals and companies do not “cook the books”. The penalties for the new offence would mirror those of the foreign bribery offence; that is, a maximum of 14 years of imprisonment and unlimited fines.

The sixth and final amendment would eliminate the facilitation payments exception. Currently, the act states that payments made “to expedite or secure the performance by a foreign public official of any act of a routine nature” do not constitute bribes for the purposes of the CFPOA. The CFPOA also provides for an inclusive list of acts of a routine nature.

For the benefit of all members, a facilitation payment is a payment made to a foreign public official to do something that he or she is already obligated to do, such as deliver the mail on time. Conversely, payments that are made to receive a business advantage constitute bribes, which are already illegal under the CFPOA. As a result of the elimination of the facilitation payments defence, this would not create a competitive disadvantage for Canadian companies in international markets. Bribes are illegal under the legislation of every OECD country.

In order to ensure a level playing field for all businesses, Bill S-14 provides for the delay of the coming into force of the elimination of the facilitation payments exception to allow Canadian companies to adjust their own practices and internal policies, if they have not already done so, to ban the use of facilitation payments in their day-to-day operations. This time to adjust is all the more important given that some other countries continue to allow facilitation payments.

With Bill S-14, our government has taken a proactive role in raising awareness of its zero-tolerance position, and we are taking a proactive role in raising awareness of the risks of engaging in corruption abroad.

It is incumbent upon us to appreciate this bill for what it is: that being a clear message that Canada means business and that our government's top priority is securing jobs, growth and long-term prosperity.

Corruption does the opposite. Corruption erodes economic growth and long-term prosperity. Corruption fosters an environment conducive to allowing other crimes to flourish.

Foreign bribery undermines economic prosperity by corroding the rule of law that is the basis of market freedom. The global fight against foreign bribery is intended to create a level playing field for all international businesses. The bill provides us with a strong tool for creating the conditions for Canadian businesses to play by the rules and for Canadian businesses to succeed. Canadian companies can compete with the best and win fairly. Recent cases right here in Canada demonstrate the need for continued vigilance and the importance of effective enforcement.

Our government remains committed to combatting foreign corruption and has already developed and implemented an array of regulatory and legislative tools with which to do so. A number of federal departments, agencies and crown corporations play key roles in Canada's fight against foreign bribery. They work in close co-operation in Canada's two-pronged approach to foreign bribery: enforcement and prevention.

In January 2008, the RCMP established its international anti-corruption unit, which is dedicated to enforcing and raising awareness about the CFPOA. Comprising two teams, strategically located in Ottawa, Canada's capital, and Calgary, a major nucleus for industry, trade and finance and a hub for Canada's extractive industries, it has complemented enforcement efforts with substantial awareness-raising and training.

In addition, the legal framework that established the Public Prosecution Service of Canada in 2006 further enhances prosecutorial discretion in Canada. Since its establishment, the PPSC has also created a position in Ottawa for the purpose of advising the two RCMP teams on ongoing investigations.

To date, under the CFPOA, there have been three convictions, and two cases are pending. There are 35 ongoing investigations. The penalties are increasing substantially with each new conviction. This is good news for Canada. With the adoption of these new amendments, we can expect to hear even better news.

In early 2012, during the development phase to identify new ways for Canada to enhance its fight against foreign bribery, the government hosted the “Canadian Workshop: New Ideas for Canada's Fight against Foreign Bribery”. This was a means to consult with experts from Canadian businesses, law firms, academic institutions and non-governmental organizations on the issue of foreign bribery.

The workshop was held in Ottawa and provided an opportunity for discussions between government officials and key stakeholders on concrete steps that could be taken to improve the enforcement of the CFPOA, and to further encourage Canadian companies to prevent bribery before it happens and to detect it when it occurs.

Over 30 participants engaged in discussions on a number of foreign bribery related themes, including possibly amending the CFPOA, recognizing and resisting bribery solicitations, discouraging facilitation payments, voluntary disclosure, books and records offences, awareness raising, messaging to small and medium-sized enterprises, sectorial initiatives and education and training.

The Government of Canada continues to consider the views and ideas that were presented at the workshop, which was intended to be the first step toward increasing engagement and co-operation with key stakeholders on foreign bribery and corruption in the months and years to come. The results of that consultation are reflected in the bill.

These consultations complement the awareness-raising endeavours undertaken by the RCMP, which I mentioned earlier. Additional examples of the RCMP's participation in anti-corruption awareness programs and training include expanding its training of RCMP liaison officers before they depart for overseas assignments to include the issues of foreign bribery and the CFPOA.

The international anti-corruption unit has also established contacts for the Department of Justice's international systems group to ensure that priority is given to requests for mutual legal assistance in corruption matters. The RCMP has also made a number of presentations to external stakeholders, including presentations to local universities, non-governmental organizations, banks, trade commissioners, law firms, government partners, the Canadian Institute of Mining and numerous Canadian and international associations, experts and professionals.

As we can see from an enforcement perspective, we are on solid ground. As mentioned earlier, a number of federal departments, agencies and crown corporations play key roles in Canada's fight against foreign bribery. They work in close co-operation in Canada's two-pronged approach to foreign bribery: in enforcement and in prevention.

Another of these key departments is Public Works and Government Services Canada. Members will recall that effective July 11, 2012, PWGSC extended the list of offences that render companies and individuals ineligible to bid on contracts to include the bribing of a foreign public official under the CFPOA. This further demonstrates the government's zero tolerance position and is evidence of the variety of legislative, regulatory and policy instruments used in Canada's whole of government approach to combatting corruption.

From a prevention perspective, the Department of Foreign Affairs and International Trade also engages in training and outreach. Information and training on the act and on Canada's international obligations to prevent and combat corruption are provided to heads of mission, trade commissioners and political officers.

In March 2010, the Department of Foreign Affairs and International Trade adopted the policy and procedure for reporting allegations of bribery abroad by Canadians or Canadian companies. These provide guidance to Canadian missions on the steps that must be taken when allegations arise that a Canadian company or individual has bribed a Canadian public official, or other bribery related offences.

Canada is a trading nation. Our economy and future prosperity depend upon expanding our trade ties with the world. As the Minister of Foreign Affairs said on February 5, Canada is committed to the implementation of our international obligations on anti corruption.

These amendments will help ensure that Canadian companies continue to act in good faith in the pursuit of freer markets and expanded global trade.

It is now up to the House to demonstrate our commitment to combatting corruption. Canada is committed to strengthening its fight against corruption, and this bill is a reflection of that commitment. Bribery is not the Canadian way of doing business. We need to make this crystal clear today.

Tony Clement Parry Sound—Muskoka, ON

moved that Bill S-14, An Act to amend the Corruption of Foreign Public Officials Act, be read the second time and referred to a committee.

Peter Van Loan Leader of the Government in the House of Commons

Mr. Speaker, as you know, our government has moved forward this week to conduct business in the House of Commons in a productive, orderly and hard-working fashion, and we have tried to work in good faith.

We began the week debating a motion to add an additional 20 hours to the House schedule each week. Before I got through the first minute of my speech on that motion, the hon. member for Skeena—Bulkley Valley interrupted with a dubious point of order to prevent the government from moving forward to work overtime. His was a bogus argument and the Speaker rightly saw the NDP delay effort as entirely devoid of merit and rejected it outright.

During its first speech opposing the motion to work hard, the NDP then moved an amendment to gut it. That amendment was defeated. The NDP then voted against the motion and against working overtime, but that motion still passed, thanks to the Conservatives in the House.

During the first NDP speech on Bill C-49 last night, in the efforts to work longer, the NDP moved an amendment to gut that bill and cause gridlock in the House. I am not kidding. These are all one step after another of successive measures to delay. During its next speech, before the first day of extended hours was completed, the NDP whip moved to shut down the House, to go home early. That motion was also defeated. This is the NDP's “do as I say, not as I do” attitude at its height.

Take the hon. member for Gatineau. At 4 p.m., she stood in the House and said, “I am more than happy to stay here until midnight tonight...”. That is a direct quote. It sounded good. In fact, I even naively took her at her word that she and her party were actually going to work with us, work hard and get things done. Unfortunately, her actions did not back up her words, because just a few short hours later, that very same member, the member for Gatineau, seconded a motion to shut down the House early.

I am not making this up. I am not kidding. She waited until the sun went down until she thought Canadians were not watching anymore and then she tried to prevent members from doing their work. This goes to show the value of the word of NDP members. In her case, she took less than seven hours to break her word. That is unfortunate. It is a kind of “do as I say, not as I do” attitude that breeds cynicism in politics and, unfortunately, it is all too common in the NDP.

We saw the same thing from the hon. member for Davenport, when he said, “We are happy to work until midnight...”, and two short hours later he voted to try to shut down the House early. It is the same for the hon. member for Algoma—Manitoulin—Kapuskasing and the hon. member for Drummond. They all professed an interest in working late and then had their party vote to shut down early. What is clear by their actions is that the NDP will try anything to avoid hard work.

It is apparent that the only way that Conservatives, who are willing to work in the House, will be able to get things done is through a focused agenda, having a productive, orderly and hard-working House of Commons. This afternoon, we will debate Bill C-51, the safer witnesses act, at report stage and third reading. After private members' hour, we will go to Bill S-12, the incorporation by reference in regulations act, at second reading.

Tomorrow before question period, we will start second reading of Bill S-14, the fighting foreign corruption act, and after question period, we will start second reading of Bill S-13, the port state measures agreement implementation act.

Monday before question period, we will consider Bill S-2, the family homes on reserves and matrimonial interests or rights act. This bill would provide protection for aboriginal women and children by giving them the same rights that women who do not live on reserve have had for decades. After question period, we will debate Bill C-54, the not criminally responsible reform act, at second reading, a bill that makes a reasonable and needed reform to the Criminal Code. We are proposing to ensure that public safety should be the paramount consideration in the decision-making process involving high-risk accused found not criminally responsible on account of mental disorder. It is time to get that bill to a vote. We will also consider Bill C-48, the technical tax amendments act, 2012—and yes, that is last year—at third reading.

On Tuesday, we will continue the debates on Bill C-48 and Bill C-49, the Canadian museum of history act.

On Wednesday, we will resume this morning's debate on Bill C-52, the fair rail freight service act, at third reading.

On Thursday, we will continue this afternoon's debate on Bill C-51. Should the NDP adopt a new and co-operative, productive spirit and let all of these bills pass, we could consider other measures, such as Bill S-17, the tax conventions implementation act, 2013, Bill C-56, the combating counterfeit products act, Bill S-15, the expansion and conservation of Canada’s national parks act, and Bill C-57, the safeguarding Canada's seas and skies act.

Optimism springs eternal within my heart. I hope to see that from the opposition.

Peter Van Loan York—Simcoe, ON

Mr. Speaker, I will pick up where I left off. Obviously my hon. friend did not hear this and has not read the motion. I will respond to his macho riposte at the end of his comments by pointing out that the motion would do three things: first, it would provide for us to sit until midnight; second, it would provide a manageable way in which to hold votes in a fashion that works for members of the House; and third, it would provide for concurrence debates to happen and motions to be voted on in a fashion that would not disrupt the work of all the committees of the House and force them to come back here for votes and shut down the work of committees.

Those are the three things the motion would do. In all other respects the Standing Orders remain in place, including the Standing Orders for how long the House sits. Had my friend actually read the motion, he would recognize that the only way in which that Standing Order could then be changed would be by unanimous consent of the House.

The member needs no commitment from me as to how long we will sit. Any member of the House can determine that question, if he or she wishes to adjourn other than the rules contemplate, but the rules are quite clear in what they do contemplate.

As I was saying, the reason for the motion is that Canadians expect their members of Parliament to work hard and get things done on their behalf.

Canadians expect their members of Parliament to work hard and get things done on their behalf.

We agree and that is exactly what has happened here in the House of Commons.

However, do not take my word for it; look at the facts. In this Parliament the government has introduced 76 pieces of legislation. Of those 76, 44 of them are law in one form or another. That makes for a total of 58% of the bills introduced into Parliament. Another 15 of these bills have been passed by either the House or the Senate, bringing the total to 77% of the bills that have been passed by one of the two Houses of Parliament. That is the record of a hard-working, orderly and productive Parliament.

More than just passing bills, the work we are doing here is delivering real results for Canadians. However, there is still yet more work to be done before we return to our constituencies for the summer.

During this time our government's top priority has been jobs, economic growth and long-term prosperity. Through two years and three budgets, we have passed initiatives that have helped to create more than 900,000 net new jobs since the global economic recession. We have achieved this record while also ensuring that Canada's debt burden is the lowest in the G7. We are taking real action to make sure the budget will be balanced by 2015. We have also followed through on numerous longstanding commitments to keep our streets and communities safe, to improve democratic representation in the House of Commons, to provide marketing freedom for western Canadian grain farmers and to eliminate once and for all the wasteful and inefficient long gun registry.

Let me make clear what the motion would and would not do. There has been speculation recently, including from my friend opposite, about the government's objectives and motivations with respect to motion no. 17. As the joke goes: Mr. Freud, sometimes a cigar is just a cigar. So it is with today's motion. There is only one intention motivating the government in proposing the motion: to work hard and deliver real results for Canadians.

The motion would extend the hours the House sits from Monday through Thursday. Instead of finishing the day around 6:30 or 7 p.m., the House would sit instead until midnight.

This would amount to an additional 20 hours each week. Extended sitting hours is something that happens most years in June. Our government just wants to roll up our sleeves and work a little harder, earlier this year. The motion would allow certain votes to be deferred automatically until the end of question period, to allow for all honourable members' schedules to be a little more orderly.

As I said, all other rules would remain. For example, concurrence motions could be moved, debated and voted upon. Today's motion would simply allow committees to continue doing their work instead of returning to the House for motions to return to government business and the like. This process we are putting forward would ensure those committees could do their good work and be productive, while at the same time the House could proceed with its business. Concurrence motions could ultimately be dealt with, debated and voted upon.

We are interested in working hard and being productive and doing so in an orderly fashion, and that is the extent of what the motion would do. I hope that the opposition parties would be willing to support this reasonable plan and let it come forward to a vote. I am sure members opposite would not be interested in going back to their constituents to say they voted against working a little overtime before the House rises for the summer, but the first indication from my friend opposite is that perhaps he is reluctant to do that. Members on this side of the House are willing to work extra hours to deliver real results for Canadians.

Some of those accomplishments we intend to pass are: reforming the temporary foreign workers program to put the interests of Canadians first; implementing tax credits for Canadians who donate to charity; enhancing the tax credit for parents who adopt; and extending the tax credit for Canadians who take care of loved ones in their home.

We also want to support veterans and their families by improving the determination of veterans' benefits.

Of course, these are some of the important measures from this year's budget and are included in Bill C-60, economic action plan 2013 act, no. 1. We are also working toward results for aboriginals by moving closer to equality for Canadians living on reserves through better standards for drinking water and finally giving women on reserves the same rights and protections other Canadian women have had for decades. Bill S-2, family homes on reserves and matrimonial interests or rights act, and Bill S-8, the safe drinking water for first nations act would deliver on those very important objectives.

We will also work to keep our streets and communities safe by making real improvements to the witness protection program through Bill C-51, the safer witnesses act. I think that delivering these results for Canadians is worth working a few extra hours each week.

We will work to bring the Technical Tax Amendments Act, 2012, into law. Bill C-48 would provide certainty to the tax code. It has been over a decade since a bill like this has passed, so it is about time this bill passed. In fact, after question period today, I hope to start third reading of this bill, so perhaps we can get it passed today.

We will also work to bring Bill C-52, the fair rail freight service act, into law. The bill would support economic growth by ensuring that all shippers, including farmers, are treated fairly. Over the next few weeks we will also work, hopefully with the co-operation of the opposition parties, to make progress on other important initiatives.

Bill C-54 will ensure that public safety is the paramount consideration in the decision-making process involving high-risk accused found not criminally responsible on account of mental disorder. This is an issue that unfortunately has affected every region of this country. The very least we can do is let the bill come to a vote and send it to committee where witnesses can testify about the importance of these changes.

Bill C-49 would create the Canadian museum of history, a museum for Canadians that would tell our stories and present our country's treasures to the world.

Bill S-14, the Fighting Foreign Corruption Act, will do just that by further deterring and preventing Canadian companies from bribing foreign public officials. These amendments will help ensure that Canadian companies continue to act in good faith in the pursuit of freer markets and expanded global trade.

Bill S-13, the port state measures agreement implementation act, would implement that 2009 treaty by amending the Coastal Fisheries Protection Act to add prohibitions on importing illegally acquired fish.

Tonight we will be voting on Bill S-9, the Nuclear Terrorism Act, which will allow Canada to honour its commitments under international agreements to tackle nuclear terrorism. Another important treaty—the Convention on Cluster Munitions—can be given effect if we adopt Bill S-10, the Prohibiting Cluster Munitions Act.

We will seek to update and modernize Canada’s network of income tax treaties through Bill S-17, the Tax Conventions Implementation Act, 2013, by giving the force of law to recently signed agreements between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland.

Among other economic bills is Bill C-56, the combating counterfeit products act. The bill would protect Canadians from becoming victims of trademark counterfeiting and goods made using inferior or dangerous materials that lead to injury or even death. Proceeds from the sale of counterfeit goods may be used to support organized crime groups. Clearly, this bill is another important one to enact.

Important agreements with the provinces of Nova Scotia and Newfoundland and Labrador would be satisfied through Bill S-15, the expansion and conservation of Canada’s national parks act, which would, among other things, create the Sable Island national park reserve, and Bill C-61, the offshore health and safety act, which would provide clear rules for occupational health and safety of offshore oil and gas installations.

Earlier I referred to the important work of committees. The Standing Joint Committee on the Scrutiny of Regulations inspired Bill S-12, the incorporation by reference in regulations act. We should see that committee's ideas through by passing this bill. Of course, a quick reading of today's order paper would show that there are yet still more bills before the House of Commons for consideration and passage. All of these measures are important and will improve the lives of Canadians. Each merits consideration and hard work on our part.

In my weekly business statement prior to the constituency week, I extended an offer to the House leaders opposite to work with me to schedule and pass some of the other pieces of legislation currently before the House. I hope that they will respond to my request and put forward at our next weekly meeting productive suggestions for getting things done. Passing today's motion would be a major step toward accomplishing that. As I said in my opening comments, Canadians expect each one of us to come to Ottawa to work hard, vote on bills and get things done.

In closing, I commend this motion to the House and encourage all hon. members to vote for this motion, add a few hours to our day, continue the work of our productive, orderly and hard-working Parliament, and deliver real results for Canadians.

Peter Van Loan Leader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue the debate on today’s opposition motion from the NDP. Pursuant to the rules of the House, time is allocated and there will be a vote after the two-day debate.

Tomorrow we will resume the third reading debate on Bill S-9, the Nuclear Terrorism Act. As I mentioned on Monday, I am optimistic that we will pass that important bill this week.

Should we have extra time on Friday, we will take up Bill C-48, the Technical Tax Amendments Act, 2012, at report stage and third reading.

When we come back from constituency week, I am keen to see the House make a number of accomplishments for Canadians. Allow me to make it clear to the House what the government's priorities are.

Our government will continue to focus on jobs, growth and long-term prosperity. In doing that, we will be working on reforming the temporary foreign worker program to put the interests of Canadians first; implementing tax credits for Canadians who donate to charity and parents who adopt; extending tax credits for Canadians who take care of loved ones in their homes; supporting veterans and their families by improving the balance for determining veterans' benefits; moving closer to equality for Canadians living on reserves through better standards for drinking water, which my friend apparently objects to; giving women on reserves the rights and protections that other Canadian women have had for decades, something to which he also objects; and keeping our streets and communities safer by making real improvements to the witness protection program. We will of course do more.

Before we rise for the summer, we will tackle the bills currently listed on the order paper, as well as any new bills which might get introduced. After Victoria Day, we will give priority consideration to bills which have already been considered by House committees.

For instance, we will look at Bill C-48, which I just mentioned, Bill C-51, the Safer Witnesses Act, Bill C-52, the Fair Rail Freight Service Act, and Bill S-2, the Family Homes on Reserves and Matrimonial Interests or Rights Act, which I understand could be reported back soon.

I look forward also to getting back from committee and passing Bill C-60, , the economic action plan 2013 act, no. 1; Bill S-8, the safe drinking water for first nations act; and Bill C-21, the political loans accountability act.

We have, of course, recently passed Bill C-15, the strengthening military justice in the defence of Canada act and Bill S-7, the combating terrorism act. Hopefully, tomorrow we will pass Bill S-9, the nuclear terrorism act.

Finally, we will also work toward second reading of several bills including: Bill C-12, the safeguarding Canadians' personal information act; Bill C-49, the Canadian museum of history act; Bill C-54, the not criminally responsible reform act; Bill C-56, the combating counterfeit products act; Bill C-57, the safeguarding Canada's seas and skies act; Bill C-61, the offshore health and safety act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill S-12, the incorporation by reference in regulations act; Bill S-13, the port state measures agreement implementation act; Bill S-14, the fighting foreign corruption act; Bill S-15, the expansion and conservation of Canada’s national parks act, which establishes Sable Island National Park; and Bill S-17, the tax conventions implementation act, 2013.

I believe and I think most Canadians who send us here expect us to do work and they want to see us vote on these things and get things done. These are constructive measures to help all Canadians and they certainly expect us to do our job and actually get to votes on these matters.

I hope we will be able to make up enough time to take up all of these important bills when we come back, so Canadians can benefit from many parliamentary accomplishments by the members of Parliament they have sent here this spring.

Before taking my seat, let me formally designate, pursuant to Standing Order 81(4)(a), Tuesday, May 21, as the day appointed for the consideration in a committee of the whole of all votes under Natural Resources in the main estimates for the final year ending March 31, 2014. This would be the second of two such evenings following on tonight's proceedings.