The House is on summer break, scheduled to return Sept. 15

Federal Accountability Act

An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

John Baird  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 enacts the Conflict of Interest Act and makes consequential amendments in furtherance of that Act. That Act sets out substantive prohibitions governing public office holders. Compliance with the Act is a deemed term and condition of a public office holder’s appointment or employment. The Act also sets out a detailed regime of compliance measures to ensure conformity with the substantive prohibitions, certain of which apply to all public office holders and others of which apply to reporting public office holders. The Act also provides for a regime of detailed post-employment rules. Finally, the Act establishes a complaints regime, sets out the powers of investigation of the Commissioner and provides for public reporting as well as a regime of administrative monetary penalties.
Amongst other matters, the consequential amendments to the Parliament of Canada Act provide for the appointment and office of the Conflict of Interest and Ethics Commissioner along with his or her tenure, expenses, duties and other administrative matters.
Part 1 also amends the Canada Elections Act to
(a) reduce to $1,000 the amount that an individual may contribute annually to a registered party, and create a distinct $1,000 annual limit on contributions to the registered associations, the nomination contestants and the candidates of a registered party;
(b) reduce to $1,000 the amount that an individual may contribute to an independent candidate or to a leadership contestant;
(c) reduce to $1,000 the amount that a nomination contestant, a candidate or a leadership contestant may contribute to his or her own campaign in addition to the $1,000 limit on individual contributions;
(d) totally ban contributions by corporations, trade unions and associations by repealing the exception that allows them to make an annual contribution of $1,000 to the registered associations, the candidates and the nomination contestants of a registered party and a contribution of $1,000 to an independent candidate during an election period;
(e) ban cash donations of more than $20, and reduce to $20 the amount that may be contributed before a receipt must be issued or, in the case of anonymous contributions following a general solicitation at a meeting, before certain record-keeping requirements must be met; and
(f) increase to 5 years after the day on which the Commissioner of Canada Elections became aware of the facts giving rise to a prosecution, and to 10 years following the commission of an offence, the period within which a prosecution may be instituted.
Other amendments to the Canada Elections Act prohibit candidates from accepting gifts that could reasonably be seen to have been given to influence the candidate in the performance of his or her duties and functions as a member, if elected. The wilful contravention of this prohibition is considered to be a corrupt practice. A new disclosure requirement is introduced to require candidates to report to the Chief Electoral Officer any gifts received with a total value exceeding $500. Exceptions are provided for gifts received from relatives, as well as gifts of courtesy or of protocol. The amendments also prohibit registered parties and registered associations from transferring money to candidates directly from a trust fund.
The amendments to the Lobbyists Registration Act rename the Act and provide for the appointment by the Governor in Council of a Commissioner of Lobbying after approval by resolution of both Houses of Parliament. They broaden the scope for investigations by the Commissioner, extend to 10 years the period in respect of which contraventions may be investigated and prosecuted, and increase the penalties for an offence under the Act. In addition, they empower the Commissioner to prohibit someone who has committed an offence from lobbying for a period of up to two years, prohibit the acceptance and payment of contingency fees and prohibit certain public office holders from lobbying for a period of five years after leaving office. They require lobbyists to report their lobbying activities involving certain public office holders and permit the Commissioner to request those office holders to confirm or correct the information reported by lobbyists.
Amendments to the Parliament of Canada Act prohibit members of the House of Commons from accepting benefits or income from certain trusts and require them to disclose all trusts to the Conflict of Interest and Ethics Commissioner. The amendments also authorize the Conflict of Interest and Ethics Commissioner to issue orders requiring members to terminate most trusts and prohibiting them from using the proceeds from their termination for political purposes. In cases where the trusts are not required to be terminated, the amendments authorize the Conflict of Interest and Ethics Commissioner to make orders prohibiting members from using the trusts for political purposes. An offence is created for members who do not comply with such orders. The amendments also provide that, in the event of a prosecution, a committee of the House of Commons may issue an opinion that is to be provided to the judge before whom the proceedings are held.
Finally, Part 1 amends the Public Service Employment Act to remove the right of employees in ministers’ offices to be appointed without competition to positions in the public service for which the Public Service Commission considers them qualified.
Part 2 harmonizes the appointment and removal provisions relating to certain officers.
Amendments to the Parliament of Canada Act establish within the Library of Parliament a position to be known as the Parliamentary Budget Officer, whose mandate is to provide objective analysis to the Senate and House of Commons about the estimates of the government, the state of the nation’s finances and trends in the national economy, to undertake research into those things when requested to do so by certain Parliamentary committees, and to provide estimates of the costs of proposals contained in Bills introduced by members of Parliament other than in their capacity as ministers of the Crown. The amendments also provide the Parliamentary Budget Officer with a right of access to data that are necessary for the performance of his or her mandate.
Part 3 enacts the Director of Public Prosecutions Act which provides for the appointment of the Director of Public Prosecutions and one or more Deputy Directors. That Act gives the Director the authority to initiate and conduct criminal prosecutions on behalf of the Crown that are under the jurisdiction of the Attorney General of Canada. That Act also provides that the Director has the power to make binding and final decisions as to whether to prosecute, unless the Attorney General of Canada directs otherwise, and that such directives must be in writing and published in the Canada Gazette. The Director holds office for a non-renewable term of seven years during good behaviour and is the Deputy Attorney General of Canada for the purposes of carrying out the work of the office. The Director is given responsibility, in place of the Commissioner of Canada Elections, for prosecutions of offences under the Canada Elections Act.
Part 3 also amends the Access to Information Act to ensure that all parent Crown corporations, and their wholly-owned subsidiaries, within the meaning of section 83 of the Financial Administration Act are encompassed by the definition “government institution” in section 3 of the Access to Information Act and to add five officers, five foundations and the Canadian Wheat Board to Schedule I of that Act. It adjusts some of the exemption provisions accordingly and includes new exemptions or exclusions relating to the added officers and the Crown corporations. It empowers the Governor in Council to prescribe criteria for adding a body or an office to Schedule I and requires Ministers to publish annual reports of all expenses incurred by their offices and paid out of the Consolidated Revenue Fund. It adds any of those same officers and foundations that are not already included in the schedule to the Privacy Act to that schedule, ensures that all of those parent Crown corporations and subsidiaries are encompassed by the definition “government institution” in section 3 of that Act, and makes other consequential amendments to that Act. It amends the Export Development Act to include a provision for the confidentiality of information. It revises certain procedures relating to the processing of requests and handling of complaints and allows for increases to the number of investigators the Information Commissioner may designate to examine records related to defence and national security.
Amendments to the Library and Archives of Canada Act provide for an obligation to send final reports on government public opinion research to the Library and Archives of Canada.
Finally, Part 3 amends the Public Servants Disclosure Protection Act to
(a) establish the Public Servants Disclosure Protection Tribunal and empower it to make remedial orders in favour of victims of reprisal and to order disciplinary action against the person or persons who took the reprisal;
(b) provide for the protection of all Canadians, not only public servants, who report government wrongdoings to the Public Sector Integrity Commissioner;
(c) remove the Governor in Council’s ability to delete the name of Crown corporations and other public bodies from the schedule to the Act;
(d) require the prompt public reporting by chief executives and the Public Sector Integrity Commissioner of cases of wrongdoing; and
(e) permit the Public Sector Integrity Commissioner to provide access to legal advice relating to the Act.
Part 4 amends the Financial Administration Act to create a new schedule that identifies and designates certain officials as accounting officers and, within the framework of their appropriate minister’s responsibilities and accountability to Parliament, sets out the matters for which they are accountable before the appropriate committees of Parliament. A regime for the resolution of issues related to the interpretation or application of a policy, directive or standard issued by the Treasury Board is established along with a requirement that the Treasury Board provide a copy of its decision to the Auditor General of Canada.
Part 4 also amends the Financial Administration Act and the Criminal Code to create indictable offences for fraud with respect to public money or money of a Crown corporation, and makes persons convicted of those offences ineligible to be employed by the Crown or the corporation or to otherwise contract with the Crown.
Other amendments to the Financial Administration Act clarify the authority of the Treasury Board to act on behalf of the Queen’s Privy Council for Canada on matters related to internal audit in the federal public administration. They also set out the deputy head’s responsibility for ensuring that there is an internal audit capacity appropriate to the needs of the department and requires them, subject to directives of the Treasury Board, to establish an audit committee. The Financial Administration Act, the Farm Credit Canada Act and the Public Sector Pension Investment Board Act are amended to require Crown corporations to establish audit committees composed of members who are not officers or employees of the corporation. Other amendments to the Financial Administration Act require, subject to directions of the Treasury Board, that all grant and contribution programs be reviewed at least every five years to ensure their relevance and effectiveness.
Amendments made to the Financial Administration Act and to the constituent legislation of a number of Crown corporations provide for appointments of directors for up to four years from a current maximum of three years.
Part 4 also amends the Canadian Dairy Commission Act, the Enterprise Cape Breton Corporation Act and the National Capital Act to require different individuals to perform the duties of chair of the Board of Directors and chief executive officer of the corporation.
Part 5 amends the Auditor General Act by expanding the class of recipients of grants, contributions and loans into which the Auditor General of Canada may inquire as to the use of funds, whether received from Her Majesty in right of Canada or a Crown corporation. Other amendments provide certain immunities to the Auditor General.
Amendments to the Department of Public Works and Government Services Act provide for the appointment and mandate of a Procurement Auditor.
Part 5 also amends the Financial Administration Act to provide for a government commitment to fairness, openness and transparency in government contract bidding, and a regulation-making power to deem certain clauses to be set out in government contracts in relation to prohibiting the payment of contingency fees and respecting corruption and collusion in the bidding process for procurement contracts, declarations by bidders in respect of specific criminal offences, and the provision of information to the Auditor General of Canada by recipients under funding agreements.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-2s:

C-2 (2025) Strong Borders Act
C-2 (2021) Law An Act to provide further support in response to COVID-19
C-2 (2020) COVID-19 Economic Recovery Act
C-2 (2019) Law Appropriation Act No. 3, 2019-20

Votes

Nov. 21, 2006 Passed That the motion be amended by: 1. Deleting from the paragraph commencing with the words “Disagrees with” the following: 67; 2. Inserting in the paragraph commencing with the words “Agrees with”, immediately after the number “158”, the following: “and 67”; and 3. Deleting the paragraph commencing with the words “Senate amendment 67”;.
Nov. 21, 2006 Failed That the motion be amended by: 1. Deleting from the paragraph commencing with the words “Disagrees with” the following: 118, 119; 2. Inserting in the paragraph commencing with the words “Agrees with”, immediately after the number “158”, the following: “and 118 and 119”; and 3. Deleting the paragraph commencing with the words “Amendment 118” and the paragraph commencing with the words “Amendment 119”..
Nov. 21, 2006 Passed That the amendment be amended by deleting paragraphs “A” and “B”.
June 21, 2006 Passed That Bill C-2, in Clause 315, be amended by replacing lines 19 to 25 on page 207 with the following: “provincial government or a municipality, or any of their agencies; ( c.1) a band, as defined in subsection 2(1) of the Indian Act, or an aboriginal body that is party to a self-government agreement given effect by an Act of Parliament, or any of their agencies;”
June 21, 2006 Passed That Bill C-2, in Clause 315, be amended by adding after line 27 on page 206 the following: “( e) requiring the public disclosure of basic information on contracts entered into with Her Majesty for the performance of work, the supply of goods or the rendering of services and having a value in excess of $10,000.”
June 21, 2006 Failed That Bill C-2, in Clause 123, be amended by (a) replacing line 43 on page 105 to line 6 on page 106 with the following: “selected candidate is referred for consideration to a committee of the House of Commons designated or established for that purpose. (5) After the committee considers the question, the Attorney General may recommend to the Governor in Council that the selected candidate be appointed as Director, or may refer to the committee the appoint-” (b) replacing lines 12 and 13 on page 106 with the following: “for cause. The Director”
June 21, 2006 Failed That Bill C-2 be amended by deleting Clause 165.1.
June 21, 2006 Passed That Bill C-2, in Clause 146, be amended by replacing lines 3 to 31 on page 118 with the following: “16.1 (1) The following heads of government institutions shall refuse to disclose any record requested under this Act that contains information that was obtained or created by them or on their behalf in the course of an investigation, examination or audit conducted by them or under their authority: ( a) the Auditor General of Canada; ( b) the Commissioner of Official Languages for Canada; ( c) the Information Commissioner; and ( d) the Privacy Commissioner.(2) However, the head of a government institution referred to in paragraph (1)( c) or (d) shall not refuse under subsection (1) to disclose any record that contains information that was created by or on behalf of the head of the government institution in the course of an investigation or audit conducted by or under the authority of the head of the government institution once the investigation or audit and all related proceedings, if any, are finally concluded.”
June 21, 2006 Passed That Bill C-2, in Clause 78, be amended by deleting lines 4 to 8 on page 80.
June 21, 2006 Passed That Bill C-2, in Clause 2, be amended by replacing line 1 on page 33 with the following: “(2) Subject to subsection 6(2) and sections 21 and 30, nothing in this Act abrogates or dero-”
June 21, 2006 Passed That Bill C-2, in Clause 2, be amended by replacing line 12 on page 6 with the following: “(2) No minister of the Crown, minister of state or parliamentary secretary shall, in his or her capacity as a member of the Senate or the House of Commons, debate or vote on a question that would place him or her in a conflict of interest.”

Federal Accountability ActGovernment Orders

April 25th, 2006 / 6:10 p.m.

The Acting Speaker Andrew Scheer

I think we are getting into some points of debate and we should try to avoid that. I encourage all hon. members not to impugn any motives in terms of other members of the House. We can give the hon. parliamentary secretary a very brief 10 or 15 seconds to respond to the original question put forward by the parliamentary secretary.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 6:10 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, there may be differences of opinion between members of Parliament and we may have many rules and regulations in respect to the act that we propose, but ultimately it will take the goodwill and good judgment of all members of Parliament to raise the standard of the House so the public can regain their confidence in their politicians. It will take the concerted effort of all parties to come to the place where the House will rise to the level that it ought to.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 6:10 p.m.

Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Speaker, on four occasions, indeed a fifth time, the hon. member made a statement again impugning and alleging that something has been said by the member of Parliament that is untruthful. I am here to defend my integrity as well as to ensure that that member understands it is not a matter of debate.

If one member of the House is decidedly allowed to be put in a situation where we admonish or impugn the member's reputation, Mr. Speaker, you have an obligation as the arbiter of this place and in that chair to ensure that that member of Parliament understands that there are limits. It is in the rules.

Mr. Speaker, I ask you therefore to look at the standing rules of this House and to in turn put those in the way that I believe is consistent. It has been in the past that the comments made by the member of Parliament were not just a matter of debate; they were in fact based on previous rulings. Those decisions in the past would demonstrate that the member is clearly out of line and ought to retract his remarks and apologize.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 6:10 p.m.

Conservative

Pierre Poilievre Conservative Nepean—Carleton, ON

Mr. Speaker, the remarks that I earlier made which were deemed by the Chair to be unparliamentary have been withdrawn. All later remarks fall fully within the realm of acceptable debate in the House of Commons.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 6:10 p.m.

Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, as you know, the rules of order are very important in this chamber. The reason we have this particular rule against the use of unparliamentary language is to maintain order and decorum in this place. That is a very important provision. That is why members cannot say, “I withdraw but I reserve it for outside”. They either withdraw it or they do not. They do not half withdraw; they do not partially withdraw. They either fully withdraw those kinds of comments, that unparliamentary language, or, Mr. Speaker, it is your responsibility as you know, to name them and have them leave the chamber.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 6:10 p.m.

The Acting Speaker Andrew Scheer

Pursuant to the Standing Orders the Parliamentary Secretary to the President of the Treasury Board did withdraw the original remarks, as per my request. I will review the rest of the exchange, consider the Standing Orders, consider what was said and if necessary, I will report back to the House accordingly.

Resuming debate, the hon. member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 6:10 p.m.

Bloc

Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I am very happy to take the floor on this bill which in French was initially called the “projet de loi sur l'imputabilité”. In response to a suggestion by the Bloc Québécois, the French title will be changed to “projet de loi sur la responsabilité”, as it should be in correct French. One must underscore the spirit of cooperation that the Bloc has tried to show with respect to the study of this bill, as well as the government’s response in agreeing to change the title. This is of course a minor element relative to the whole situation, but all the same it was important for this to be done.

Let us remember why the Bloc Québécois is in favour of the principle of this bill. First, ethics was central to the last election campaign, the result of which was the ouster from power of a corrupt government. Quebeckers especially were victims of that government.

The Gomery commission inquiry and its various results have shown that not only was there an attempt to misappropriate public money for personal purposes, but even an attempt—unfortunately, successful—to use that money to influence the choice made by Quebeckers about their future. We saw this during the referendum campaign, and then by the system set up by the Quebec section of the Liberal Party of Canada. The people’s judgment was very clear and very blunt, and it was absolutely necessary to find ways to prevent a recurrence of such incidents.

In that sense, as regards the principle of the bill, it seems to us appropriate that this bill should be tabled to try to correct the situation. Appropriate action must be taken to arrive at satisfactory ethical rules which can restore to elected officials the image that they deserve. They have been chosen by the people to represent their fellow citizens, to do their work honestly, and in democratic debate, to decide on the best choices to be made for our society. That is the rule that was broken by the Liberal government, particularly in Quebec. The present bill will correct this situation.

The Bloc Québécois has participated intensively in the Gomery commission. It has made recommendations which now have to be implemented. The Bloc is the only party that has prepared a report containing dozens of recommendations which it wanted to see implemented. Some of these are in the bill. So we will ensure that these recommendations are followed up and make it to the final stage.

Also, this is a very lengthy bill. It is large and ambitious. It aims to correct various elements of a system that was highly defective. The government will have to agree not to go full steam ahead with the passage of this bill, for time will be needed to give it very serious study. Good intentions notwithstanding, it does contain various shortcomings which deserve to be rectified, shortcomings related not to its principle, but rather to the way of doing things. Certain elements will have to be changed to ensure we obtain the result we want, and not the opposite.

The Bloc Québécois is particularly pleased with the points taken from the proposals that it made in the House, in many cases repeatedly. The first has to do with Elections Canada appointing returning officers on the basis of merit. The current practice in Canada is archaic. It is a remnant of the days when partisanship was maybe a normal part of the process. But the partisan appointment of returning officers is no longer acceptable nowadays.

We have seen incongruous situations arise in which appointed people who did not have the skills for the job could simply tell the chief electoral officer of Canada to get lost because he was not the person who had appointed them but rather the governor in council. So they could just tell the Chief Electoral Officer of Canada that it was none of his business if they did things the way that they thought they should be done and that he did not have the power to dismiss them because it was the cabinet that had appointed them—a cabinet that took a partisan approach.

This will be set right by the bill before us now. I have been a member of this House for about a dozen years and have seen the Bloc Québécois take up this matter over and over. The first few times, the Liberals—who were in power then with a majority government—had a really arrogant attitude and simply brushed this project aside. They said that they controlled the appointments, and things would stay just the way they were. This situation will be corrected by the bill before us now.

The Bloc Québécois has made a positive contribution that will ultimately improve the democratic process in Quebec and Canada. We should all be happy about that. When the process is implemented in its entirety, people will be appointed. They will be competent people, and that will help them carry out their duties better. This is one of the positive aspects of this bill and one of the reasons why we support it in principle.

Another important point is the independence of the registrar of lobbyists. The Bloc has already made representations in this regard. The bill contains some satisfactory points that improve the situation.

As regards the act respecting the financing of political parties, as Quebeckers, we react by saying, “Finally”. In 1976, 30 years ago, the Parti Québécois was in power for the first time. René Lévesque, a man of integrity, put in place a system which is today one of the rules of the game in Canada. Furthermore, this was one of his primary concerns. At the end of his two terms, this was the act he was proudest of. It must not be forgotten that, in the past 30 years, we have seen a whole range of behaviour in Parliament and among political parties in Canada. People have accepted cheques for inordinate amounts. These cheques from various companies and banks skewed the democratic process. Obviously those who donated $50,000 or $100,000 could expect the government to pay greater attention to them than to individuals without such financial means.

Today, this bill is coming full circle and ensures that corporations will not play a part in financing. This is therefore a huge step and it is what the Bloc Québécois proposed ages ago. I recall that the member representing the region of Sorel-Tracy in this House proposed a bill to this effect in the months following the creation of the Bloc Québécois. Today, we will see the result in the form of a bill, and this is a good thing.

The Bloc, however, regrets that reform of the Access to Information Act has been postponed till later. The government could have gone ahead much more quickly. At present, all it is doing is introducing a bill prepared by the Information Commissioner. This is only a draft bill and it will take some time for the process to be completed. This is somewhat contrary to the position of the government, which claimed to have priorities and to carry through with them. There is already a flaw in the system. The people deserved better than this.

The Bloc will examine the bill closely, as is our practice. We have identified certain shortcomings that will have to be corrected during clause by clause study of the bill and in the light of testimony before the committee.

For example, the bill promotes a culture of unhealthy informing by proposing to give whistleblowers financial awards. In good faith, the government has allowed honest whistleblowers to be compensated. However, the pendulum has swung to create a climate of unhealthy whistleblowing. This must be rectified so that compensation does not become the goal and lead to false accusations and pointless investigations. In my opinion, the focus should be on developing among public servants a spirit of doing their job well. When they see unacceptable behaviour, they can report it but without compensation. The bill will have to be corrected, because it is headed in the wrong direction. I hope that people will testify in committee and make suggestions or propose other solutions to improve the bill and have it corrected. Attention must be paid to the witnesses, on this and many other points. In the end, the bill that is passed will have to correspond to the initial objective. It cannot be adopted in haste or under pressure. Let us take the time to listen to those who have an opinion on the matter.

Another element deserves careful study. The bill proposes a public appointments commission within the portfolio of the Prime Minister. It will oversee the appointment selection process.

We have seen that before. Under the previous government, the Ethics Commissioner reported to the Prime Minister. This made him both judge and judged. The Prime Minister would ask him to investigate him or his ministers; ultimately, it was not a very objective process.

We have managed to get that changed, but now the Conservative government is coming up with a similar process for appointments. The whole process should be at much greater arm's length from the government. Also, the public appointments commission should be able to answer to the House of Commons without putting itself in a conflict of interest situation, so as to satisfy the appearance of justice and transparency necessary for the legislation to produce the desired effect.

The bill proposes that the new parliamentary budget officer report to the Library of Parliament and provides for exceptions, denying the officer access to certain information. The Bloc's 2005-06 election platform, however, proposed the establishment of an independent organization tied to the Standing Committee on Finance, whose mandate would be to make realistic financial forecasts which would be periodically reviewed.

The difference is that the organization proposed in the legislation will have its hands tied. When it will want to gather information to document an issue and shed sufficient light on a given situation, it will not be able to, because it will not have enough independence, given that is will be reporting to the Library of Parliament.

This will have to be looked at in greater detail, and the government really should examine the proposed amendments of the Bloc, as well as those of other parties, as the case may be, and the results of committee consultations on the matter.

This bill proposes that the Access to Information Act apply to three of the nine foundations, leaving six that will not be covered. Consideration will have to be given to extending the list, so that as few as possible of the foundations are excluded. This would prevent problems from arising in a year or so with foundations that might have been forgotten and would be protected.

With appropriate consideration and amendments, this piece of legislation should withstand the test of time. It is imperative that it be given sound basis right away and to ensure that is will address as much as possible all that we want it to.

This bill also poses the threat of blocking democratic debate. Let me explain. The citizen complaint process that has been developed is a problem. Citizens will be able to go to their member of Parliament to describe the situation they wish to report and ask that its relevancy be assessed. In turn, the MP will go to the appropriate commissioner and try to secure a commitment that the matter will actually be looked into. However, under this bill, from the moment that a member has taken this step, he or she would no longer be allowed to discuss the matter. If I understand the enactment correctly, this would limit democratic debate, prevent the member from raising the issue in the House during oral question period and in statements, even statements made outside the House. That needs to be corrected, so that the citizens' right to complain can be exercised without gagging members, whose democratic mandate is to convey the will of their constituents. I think that imposing such a restriction on the members' ability to speak would not serve government accountability well.

It is obvious that many amendments will have to be made to this bill. For example, the proposed changes to the Lobbyists Registration Act do not address e-mail correspondence. In this 21st century, we receive a great many e-mails containing a wealth of relevant information, and this type of communication ought to be addressed. Legislation is not designed for last year's reality, but today's and that of years to come. It is therefore important to make changes in that regard.

In addition, lobbyists continue to benefit from a number of loopholes. E-mail correspondence is not addressed. There is also the issue of political party financing. A cap has yet to be set with respect to leadership races. There is such a race underway within the Liberal Party of Canada. The framework of leadership races has to be tightened.

We have seen excessive spending in the past. Such excessive spending was carried out both by the party that was in power at the time and by the one currently in power.

In both instances, this restriction, and the fact that we could not—

Federal Accountability ActGovernment Orders

April 25th, 2006 / 6:25 p.m.

The Acting Speaker Andrew Scheer

I apologize to the hon. member for interrupting him, but unfortunately we have come to the end of the allotted time for this part of the debate. The hon. member will have four minutes left the next time the debate resumes on this issue.

The House resumed from April 25 consideration of the motion that Bill, C-2, an act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability be read the second time and referred to a committee.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 3:30 p.m.

The Speaker Peter Milliken

When the debate was interrupted yesterday the hon. member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup had the floor. He had four minutes remaining to finish his speech.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 3:30 p.m.

Bloc

Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I would like to remind the House of the Bloc Québécois’ position on the accountability bill. The current title of the bill in French— Loi fédérale sur l'imputabilité—will have to change because it contains an unacceptable anglicism. I hope that the government will agree to the amendment proposed by the Bloc. According to our information, this is the direction in which we are headed.

In any case, it is important to know that this bill is in response to the sponsorship scandal and the corruption of the previous government, especially the Liberal Party of Canada, Quebec wing.

The Bloc Québécois would like to see some of the measures in this bill implemented. It suggested them a long time ago. For example, returning officers should be selected by the chief electoral officer rather than the cabinet; the Public Registry of Lobbyists should be independent; and corporate contributions should be banned—as Quebec has been doing for 30 years now. In addition, this bill needs to be considered more thoroughly in committee. A number of amendments should be made to it because, for example, it encourages an unhealthy snitch culture by offering rewards for whistleblowers. In my view, this goes too far. We will have to listen to the comments and suggestions made in committee. It is important to take our time and study this bill thoroughly. It should not be passed in great haste because it will become one of the cornerstones of this government and future governments.

The bill also contains a suggestion that is made in good faith but in my view would impede democratic debate. When a citizen lodges a complaint under the Federal Accountability Act, it is supposed to be forwarded to the commissioner. If he or she considers it appropriate, there would no longer be any right to discuss it further. I think that this is unacceptable. One of the main aspects of the task carried out by the members of this House would thus be eliminated.

In the four minutes that I was given to finish my speech, I wanted to say that the Bloc Québécois supports the bill in principle. It will propose a number of amendments to the bill, which needs to be fixed so that in the end we achieve our objective of ensuring that the kind of corruption that occurred under the previous government never happens again. It is important, therefore, for the House to take time to study this bill thoroughly.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 3:35 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, in effect it is an omnibus bill that is before us. One of the embedded bills is the whistleblower legislation. The member knows that the whistleblower bill was referred to committee before second reading so the committee could hear the advice of expert witnesses on a broad range of important issues. It also empowered the government operations and estimates committee to make substantive changes. The bill passed unanimously at that stage and unanimously in the House at third reading and received royal assent.

It seems to me that having an important bill like this one referred to committee before second reading would make a great deal of sense. The bill makes consequential amendments to a broad number of acts and the input of those who will be touched by it has not been received by members. I wonder if the member would care to comment on that.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 3:35 p.m.

Bloc

Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, my colleague’s question is an interesting one. Actually it is a fundamental one. The major issue throughout the entire election campaign was government transparency and past cases of corruption. If there is one thing the citizens of Quebec and Canada expect, it is that we do something about this quickly and that we examine the file in depth.

There first has to be a vote on the actual principle of the bill. All the parties and members in this House must vote on the merits of the legislation and decide whether or not they are in favour of the principle of the bill. Then we can take an in-depth look at each of its components.

This bill is really very significant. It touches on many elements, including the method of appointing returning officers that has long been recommended by the Bloc Québécois. As for prohibiting corporate donations, this goes right to the source of problems that arose in the past. We saw businesses and banks that acquired, as if by chance, the attentive ear of the government after having made very large donations. We hope that this measure will be corrected. We can cite the model of Quebec as an example. It is not perfect, but it has been around for 30 years. It succeeded in preventing the sort of situations we have gone through here and that greatly undermined the people’s trust in their elected representatives.

To regain this trust, we must first vote on the actual principle of this bill, then refer it to committee for study, rather than proceeding the other way around.

In this regard, I do not share the opinion of my colleague. I find it important to show the public that one of the first parliamentary actions taken by the newly elected government, which saw the need to act on this matter, was in fact to have done so and let every member in the House vote.

On the other hand, this bill should not get steamrollered in committee. As many witnesses as possible must be heard so that in the end we adopt amendments that are going to have far-reaching effects. They will no doubt be put forward in large numbers. Perhaps the testimonies will continue until the fall. However that may be, when the time comes to pass this bill, a solid foundation will be necessary to ensure that, at least for a few years, the act will function as it should.

We will not stop some individuals from behaving in ways not entirely correct, but the role of Parliament and the opposition is to act as watchdogs. At least this bill will make it possible to clarify a certain number of situations, especially if we make the amendments to it that we and the other members of this House put forward. We must make this a solid bill whose effective duration will correspond to the importance of this issue in the last election.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 3:40 p.m.

Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I thank the hon. member for his remarks. After 13 years in power, the Liberals failed to implement any measures to protect whistleblowers in the public service. This bill, the federal accountability act, will provide real independent protection for whistleblowers.

Parts of this protection would include a tribunal, which an independent commissioner would convene, of existing judges who would oversee cases where a public servant alleges he or she has experienced bullying as a result of his or her speaking out against corruption. It would remove the cover-up clauses that the Liberal government put into its Bill C-11, which never passed. It would remove those cover-up clauses and extend protection to all Canadians, including contractors and crown corporations which could otherwise have been struck from the previous Liberal bill at a moment's notice by Order in Council.

We have made all those changes to strengthen whistleblower protection and to introduce some of the best of its kind in the world.

Does the hon. member intend to support the principles I have just enunciated?

Second, I would like to know whether he and his party are going to support us in our goal, which is to pass this bill before the summer.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 3:40 p.m.

Bloc

Paul Crête Bloc Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, the Bloc Québécois has already clearly said that it supports the bill in principle. However, given its scope and the number of subjects it deals with, it is important for us to take time to study them properly.

I do not believe that it is necessary to give the bill third reading between now and the summer recess. What is important is that we get to the bottom of things and that all witnesses have a chance to be heard.

Take the example of whistleblowers. There is a major step forward in the bill in terms of how this issue is to be handled. However, I think that we go too far when we say that we are going to offer rewards to whistleblowers, and I believe that a balance should be struck. We will therefore have to assess this situation, hear the witnesses, and perhaps consider amendments.

That is only one of the questions about this bill that is unanswered. I will mention a few others. For example, only three of the nine foundations are covered by the Access to Information Act. Is there not some way to expand that to the six others, or a portion of them? To do that, we have to know about the foundations that are not covered, what their mandate is, and determine whether they should be covered.

On the question of political party financing, there is still no ceiling for leadership races. Would it not be necessary for us to understand whether it is a good idea to have an amendment to do this?

In other words, it is obvious that this bill is going to need a lot of work in committee. The committees are not yet operational. I believe that the motion has just been introduced that will allow the committees to begin work. The chairs and vice-chairs have to be chosen, as do the committee members, priorities have to be set, and the committee that will be responsible for studying this bill has to be decided. The people who want to testify must also be given time to prepare properly.

Let us not do things in haste, let us rather do them properly so that we can be sure that the situations involving government corruption we have seen in the past never happen again, situations that were the result of loopholes in the law and problems that have not been solved.

When we have taken the time to study it thoroughly, let us hope that this bill will solve a majority of those problems. One month more or less will not make any difference.