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 was last introduced in 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 often publishes better independent summaries.

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 the Library of Parliament. You can also read the full text of the bill.

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.”

November 21st, 2006 / 11:45 a.m.
See context

Deputy Secretary to the Cabinet, Legislation and House Planning and Machinery of Government, and Counsel to the Clerk, Privy Council Office

Yvan Roy

That is a very good question.

Bill C-2, the new Federal Accountability Act, fits within a context. That context is basically what has been the practice that has become part of our common law. For instance, in matters in which there is a disagreement between the minister and deputy minister, it requires that a matter like this be referred to the Clerk of the Privy Council, my boss, who, according to how things work, would take this up with the Prime Minister. But that is when you have a situation developing between a minister of the Crown and his or her deputy minister. That doesn't change because of Bill C-2. That continues to be a role that the Clerk of the Privy Council will play. It is actually needed that there be someone in the system who does that, and the Clerk of the Privy Council will continue to do that.

November 21st, 2006 / 11:40 a.m.
See context

Yvan Roy Deputy Secretary to the Cabinet, Legislation and House Planning and Machinery of Government, and Counsel to the Clerk, Privy Council Office

As far as a communications plan following passage is concerned, Mr. Tilson, if there is passage of Bill C-2—I know you will voting on Bill C-2 later today, and then it will go back to the Senate—then once passed, it is clear that there will be a large effort in terms of communications so that the whole of the public service is aware of the obligations.

PCO does not have a direct role in directing how these communications will take place. It is the part of the government that is responsible for the employment of public servants that has that responsibility, and that happens to be Treasury Board Secretariat, together with what we call PSHRMAC, the human resources group within Treasury Board. They have that responsibility and are in the process of putting that kind of communications package together, with the purpose of ensuring that everybody is aware of the new obligations that are created by Bill C-2.

Federal Accountability ActGovernment Orders

November 21st, 2006 / 11:35 a.m.
See context

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, I am pleased to speak to this important Bill C-2 on accountability.

The issue of accountability gets to the heart of our democratic system. We live in a democratic country. We are proud of that. We encourage and support other democracies around the world. Surely a strong democratic system of operation is a hallmark of the best of society. It is something that we wish for all people around the world.

But democracies are imperfect, including our own. We often have political democracy without having economic democracy. We see that in many countries, including here in Canada. While there are many criticisms of democracy, the solution to the problems of democracy is not to shun democracy, not to become cynical or turn away from democracy, but in fact to have more democracy and to strengthen the democratic institutions that we all support and which we represent here in this House.

It distresses me greatly to speak with people in my community who say that they are disgusted with politicians. They are disgusted with the political process. They do not want to be involved with elections or even with voting. There is a cynicism that really undermines the democratic process.

In the last election the issue of ethics was, I believe, the dominant issue. Lack of ethics has bred into a sense of cynicism and a disregard for the democratic process. This is a fundamental erosion of our democracy which we must address. I believe it is the most basic and most important issue that confronts us as parliamentarians.

It is easy to become lazy or complacent about the democratic process, but when we are lazy or complacent, surely that is when problems develop. As we saw in the last government, whether it was laziness, complacency or other motives, there were serious legitimate issues and concerns that were undermining not only a particular political party but our entire democracy. Others have spoken about this, the culture of entitlement, the sense that we were in essence a one party country, that there was only one party of legitimacy, which breeds that undermining of our democratic system. The proof of that was in the last election when voters decided to exercise their democratic right and chose a different path.

The former leader of the NDP, Ed Broadbent, is known as one of the leaders of democratic thought not only in Canada but internationally. He has led the call in Canada for a stronger democracy and a more ethical democracy. When Mr. Broadbent was in this House he raised the call for a number of changes that would lead to democratic and ethical reforms. I want to briefly outline those.

He called for democratic accountability, a fundamental respect for the voters who elect us to office. That means when voters elect us to represent a political party, we cannot just disregard those voters' wishes and cross the floor and represent another political party without going to those same voters to seek their endorsement for that move.

He called for fixed election dates so that no party could skew the outcome of an election by having complete control over when an election should take place.

He called for spending limits and transparency conditions on leadership contests. It is one thing to have limits on parties, but because parties are largely financed by the public, these principles around accountability should apply to leadership contests.

He called for electoral reform and a reworking of our antiquated first past the post system, so that the true views and desires of Canadian voters would be reflected in this House with a representative number of MPs.

He called for an end to unregulated lobbying and political cronyism, the revolving door between lobbyists, government staff and political staff. He called for tougher laws on the disclosure of fees and expenditures for lobbyists.

He called for a more ethical approach to government appointments, that the thousands of officials appointed to agencies, boards, commissions and crown corporations should be more democratically chosen and subject to the scrutiny of this House.

He also called for stronger access to information rules that would allow Canadians greater information about the behaviour of their government.

The bill before us today fails to live up to many of the goals outlined by Mr. Broadbent. However, Bill C-2 does make some progress and in that sense should be supported. I want to acknowledge that there are significant amendments made by the NDP which strengthen Bill C-2 and increase the likelihood of accountability and greater democracy in our country.

One of the areas to which there has been a real strengthening of the bill due to the efforts of my party is around the public appointments commission. As the vice-chair of the government operations and estimates committee, I was the member who introduced a motion rejecting the proposed head of the government's proposed appointments commission, Mr. Gwyn Morgan.

I was supported on that motion not only by other opposition members on that committee who joined me in rejecting his candidacy but by writers in Canadian Business magazine who said, “But making a partisan Tory (and party fundraiser) head of a department designed to usher in 'more open, honest and accountable government for Canadians' just wasn't a good fit from Day 1”.

More recently, in the Globe and Mail there was an article about how this person who was hailed by the Canadian Council of Chief Executives as the best possible person in the entire country for this position has gone from hero to pariah. Clearly, that was a good move to have his appointment rejected.

What we did was beef up the public appointments commission which was the key thing. It basically means now that patronage is against the law. The bill requires that there be accountability and openness when it comes to appointing people to all of the thousands of positions in agencies, boards and crown corporations.

This is what Canadians want. Canadians want the person who is the best equipped, the best qualified person to be in that position, and not someone who happens to be in the good books of the person doing the appointing.

The important thing now is that, because of the NDP amendment, the Prime Minister will have to consult with all political leaders prior to making appointments to the commission. The appointment process itself will be much fairer. This is a very significant change with which the NDP is very happy.

In addition, the NDP introduced new and stricter rules to stop the revolving door between lobbyists and senior levels of government. People do not want someone who is one day advocating for a particular company or organization, being paid for that, and in the next moment working in a minister's office. Canadians want clear rules to stop this action.

We were able to get some improvements to Canada's access to information laws, including broadening the act substantially to include all government institutions. This is not where Canadians would like it to be in terms of full access to information, but largely, thanks to my colleagues in this section of the House we have made significant changes.

We have strengthened parts of the Canada Elections Act, including outlawing the use of trust funds and lowering donation limits to $1,000. We have tightened the conflict of interest rules allowing any Canadian to make complaints to the new conflict of interest and ethics commissioner. We have also included protection of first nations rights within the act.

Canadians expect us as parliamentarians to do our job not only to represent their interests on the issues of the day, but also to be constantly reviewing the process of how we do our work. The solution for problems to democracy is a stronger democracy with more democracy. While this accountability act does not lead us to where Mr. Broadbent and the New Democratic Party would like us to be in terms of full accountability, it takes us another step down the path.

This bill has been debated, discussed, amended and scrutinized very thoroughly. Canadians want us to pass this bill into law and get going on the kinds of changes that will improve accountability in this country and strengthen our democracy.

Federal Accountability ActGovernment Orders

November 21st, 2006 / 11:30 a.m.
See context

Ottawa West—Nepean Ontario

Conservative

John Baird ConservativePresident of the Treasury Board

Mr. Speaker, I listened with great interest as I always do when my friend from Mississauga South rises to speak. I found one part of his intervention most interesting. He said he wished the access to information parts of Bill C-2, the federal accountability act, were stronger and went further. We are increasing by 30, I think, the number of agencies, organizations and corporations that are covered by the bill.

I have two questions for the member. Why would his party put forward an amendment to bring darkness where there is light at the Canadian Wheat Board? Why last November did every member of the Liberal Party vote against including a wide range of organizations and issues under access to information when Commissioner Reid came forward with his recommendation?

Federal Accountability ActGovernment Orders

November 21st, 2006 / 11:25 a.m.
See context

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I do not think the member is being fully accountable about the time. It was not 70 days that the House spent on the bill. We did not deal with it every day. The member is counting calendar days and the House does not sit on Saturdays and Sundays and we have weeks off. The bill was first debated at second reading on April 25. We rose in the third week of June. There were not that many sitting days.

The hon. member's main point is that it has taken all this time. Had we been careful and given the due diligence we should have given to Bill C-2 in the House, at committee where there was a restriction as to witnesses, et cetera, at report stage and at third reading, there probably would not have been any amendments coming from the Senate. We would not have had any amendments, which means that the bill would have already been passed and in force today. The member has to understand that if we act with haste and force the Senate to do the job that we did not do, it will take longer.

Was the government accountable in terms of how it dealt with the bill? I think not.

Federal Accountability ActGovernment Orders

November 21st, 2006 / 11:25 a.m.
See context

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, there are two things. First, I am not upset. Second, I know the member is flabbergasted.

I am sorry that the member did not hear all of my speech, but in the very first sentence I said that I supported the accountability act, and I have all along. Then I went into a complete description of the difficulty that an ordinary member of Parliament would have in dealing with this extensive bill. Let me give the member another example.

I have raised this point in the House a couple of times already. It has to do with Bill C-11, the whistleblower bill, which received royal assent in the last Parliament but was not proclaimed. I was going to get to that in my speech. It was not proclaimed so it is not enforceable.

There are amendments in Bill C-2 which would change the whistleblower bill, but the whistleblower bill would have to be proclaimed and then Bill C-2 would be proclaimed once it got through the rest of the process, so that in combination it is where the government would like to have it. I understand that.

I am not sure if that would even meet the member's requirement for accountability simply because the whistleblower bill is important. It creates an officer of Parliament. It creates protection for public servants who come forward and disclose alleged wrongdoing by the government or government departments.

That bill should have been proclaimed. If the government had problems with it, it should have had a separate bill to make amendments to it so that we could, even by now, have had it fully in place. We could have had the protection for public servants that they do not enjoy today. It has been a waste of time. I do not believe that even that action or inaction has been fully accountable by the government.

I raised a number of those examples, but I would be happy to speak with the member about any aspect of the bill, including another bill that he referred to on the softwood deal, which I opposed and opposed and opposed.

Federal Accountability ActGovernment Orders

November 21st, 2006 / 10:55 a.m.
See context

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I am pleased to participate in the debate on Bill C-2, the federal accountability act.

First, I do not think there is any member in this place who does not share a common objective, which I believe the President of the Treasury Board said in his opening speech on April 25 of this year at the lead speech on second reading. He said, “Our goal, our commitment, simply put, is to make government more accountable”.

On this basis, I believe Bill C-2 had that goal as its fundamental principle and, as such, it received the unanimous support of all parties at second reading and through the rest of the process. I am sure all hon. members will support the bill.

However, members will know that there have been a lot of discussions over a great period of time about how the bill was done. There were concerns when the bill was first tabled. The government put forward a very significant document. I do not believe there is any other bill, which I have had to work on as a parliamentarian, that touches so many other acts. It is an omnibus bill.

The bill touches a very large number of acts and it is difficult to read. We cannot start at the beginning, go through and see the story, the lead up, the plot, the end of it and everybody lives happily ever after. It is not like that. Every section of it refers to amending some other piece of existing legislation. There are also some transitional positions, et cetera, but in the main we are basically amending a very large number of other legislation.

When we looked at Bill C-2, we had something over 200 pages. Then we were told at the outset that the government wanted it passed. I believe April 25 was the first debate, and it wanted it passed by the summer.

It begs the question about how parliamentarians discharge their responsibilities. In the prayer we start the House with every day we say that we make good laws and wise decisions. It is not possible to have done this bill justice in such a short time and yet it was at the government's insistence that we push this matter because it wanted the bill passed by the summer. It is now November.

There have been a lot of questions about whether someone has been delaying the process, whether it be in the House or in the Senate. Parliamentarians not only have the right but they have the duty to do the job as they see fit, to make good laws and wise decisions. I do not think any member of Parliament, except those possibly who were on the special legislative committee to deal with Bill C-2, had the opportunity and the time to get into the detail. However, we all had an opportunity to look at aspects of the bill in which we may have had some background.

Canadians should understand, when parliamentarians rise to vote on Bill C-2 tonight on the subamendment, on the amendment, on the concurrence and on the passage of the bill to be sent back to the Senate, that members of Parliament have had to rely on many other people in this chamber who have done the work in a great bit of detail.

I wanted to make that point because we have, with a very large bill, a situation where members of Parliament have been asked to rely on the work of others in order for them to make an informed decision. It is very difficult, and I have some reservation about some of the areas of the bill. However, because there was an alliance formed by the government and another party, the amount of time that was available for the debate and to consider amendments, even at report stage, was truncated substantially. There was a forced position. In fact, we did not even have a final vote before it went to the Senate. Basically, we deemed that the question was put and deemed that it was passed. There was no recorded division on it.

It suggests to me, and I am sure it suggests to those observers who watch the legislative process, that when a bill is put together in such haste, there will be mistakes. I do not think anyone in this place will deny the fact that there were mistakes made in the bill that Parliament passed and referred to the Senate.

In fact, the President of the Treasury Board, in dealing with the work of the Senate, estimated that there were about 154 amendments proposed by senators. The Senate is composed of Liberal and Conservative senators, and 42 of those amendments came from Conservative senators. Of the 150-some odd amendments, the President of the Treasury Board accepted, without debate, without further consideration, 57 amendments.

The fact is the President of the Treasury Board, who is the minister responsible for Bill C-2, accepted some 57 amendments proposed by the Senate to make this a better bill. For that to happen, I think the Senate demonstrated that it did the job it was put there to do.

The Senate reviewed the legislation. It came up with changes, and we are still considering other amendments. The President of the Treasury Board has laid out, and the members can see, some of the brief reasons why some of the other proposed amendments are not acceptable to the government. That is his job. I believe this debate will find there are still a couple of items that yet remain unresolved.

In the main, I think all members of Parliament understand that Bill C-2 will pass the House and go back to the Senate. I want to advise members that the Senate has already made some consideration as to what happens when it goes back to the Senate. It has decided to have the bill immediately referred back to its legislative committee to advise the Senate on the appropriate course of action to take. The Senate is ready and waiting for this bill.

I am hopeful we will see Bill C-2 pass at all stages, get it through the Senate and receive royal assent prior to the House rising. The proclamation of the bill is up to the government.

I want to make one explanation. Even though a bill passes through the House of Commons and the Senate and receives royal assent, it is not in force. It is law but it is not in force until it is proclaimed. I raise that because we have the same issue with regard to another bill, Bill C-11, the whistleblower legislation, which passed and received royal assent in the last Parliament, and I will comment on that bill.

Bill C-2 is about accountability. I think we know that we have the support of all hon. members in the House to make the bill as good as possible, to ensure that it passes and that we get some of the important provisions started. Much of the legislation will require a lot of changes within the public service of Canada, within the administration of political parties and within all these acts. The Chief Electoral Officer will to have quite a job to do.

A week ago Friday, I was pleased to participate as a panellist at a special conference in Ottawa on the subject matter of accountability, with specific reference to Bill C-2. It was a four day conference and I followed some of it. I found out that many of the panellists and presenters were law scholars, professors from universities and experts on various aspects of law such as access to information. Members of Parliament and senators participated as well.

I found it fascinating that a debate was going on as to what we meant by accountability. It was interesting how different speakers had different definitions for accountability. Having recognized that, I went to the dictionary to find out what a lay dictionary would say about someone who is accountable. If we look up the word “accountable”, accountability is a form of usage. It basically said that accountability has to do with someone who is required to explain or justify his or her actions or decisions. That was the short definition of “accountable”.

As a chartered accountant, I worked a lot on public financing. There is a document called a prospectus which goes out to potential investors to give them all the information they need to make an informed decision about whether they want to invest in an offering. One of the principles in terms of requirements of a prospectus, which is very important, is that it give true, full and plain disclosure.

With that as background, I spoke at this conference and defined, for our purposes, accountability as a government or as anyone explaining and/or justifying their actions or decisions with true, full and plain disclosure. We can see all of a sudden that the definition is building because someone can be accountable to different degrees. We can be accountable by giving some part of a true, full and plain disclosure but the degree to which one is accountable comes into question.

I went on that theme but also wanted to look at some examples. A very simple example was in the throne speech that the government presented at the beginning of this Parliament. The Minister of Finance announced that there would be a decrease in taxes to 15.5% on the first marginal tax rate. In fact, the tax rate actually went up. It had been reduced in the last Parliament to 15% and the throne speech increased the tax rate on the first marginal bracket to 15.5%. It was an increase in taxes for Canadians.

The finance minister subsequently explained that the change in the tax rate by the previous government from 16% down to 15% was only in a ways and means motion that had not yet passed in the House. Mr. Speaker, you will know that when a finance minister announces changes, like what was done with the income trust, those things are all of a sudden in effect. Subsequently, as Parliament gets a chance to review and vote on the ways and means motion, it will formally ratify it but, if it should be defeated, we cannot go back retroactively. Therefore, the rate that was announced by the previous government was 15% and the tax returns of Canadians for the 2005 tax year showed an initial tax rate of 15%.

Had Parliament continued and not been interrupted by an election, the ways and means motion would have been voted on. Had it been defeated, the tax rate would have reverted to 16% but only from the date of the vote in Parliament that defeated the ways and means motion.

The finance minister said that since it did not pass in Parliament, as far as he was concerned the rate was still 16% and he reduced it to 15.5%. It is wordsmithing. It is semantics. There is no question that Canadians paid a tax rate of 15% on their 2005 return but the government in its throne speech and in the budget that was passed increased that tax rate to 15.5%.

Now we need to ask whether the government was accountable. Was it accountable to Canadians? The Conservatives said that they had decreased taxes but they in fact increased the taxes. When we go through that explanation, we do not get the chance to explain it to everyone and I am not sure everyone would understand. I am not even sure anyone will understand what I just said.

However, we need to apply the definition of accountability, which is explaining or justifying our actions or decisions in true full and plain disclosure, but this was not done. On that item the government was not fully accountable. It was sort of accountable but with an explanation or a qualification. It was not pure and true accountability.

With regard to income trusts, the government made a promise during the election campaign. At that point, the Conservative Party, wanting to form a government, was not accountable. Do members know why? It was because the making of a promise not to raise taxes on income trusts was interfering in the marketplace and any finance minister knows that the predictability and stability of the marketplace is the responsibility of a finance minister not to impact the marketplace unduly, not to jaundice or bias it so that there is no government interference in the financial markets.

The first decision to make that promise was to give some assurances, which would have affected the decision of investors. When they saw that as part of the Conservatives' platform, they decided that if those people were elected they would make that happen. If we look at the numbers on income trusts, more Canadians buy into income trusts because it offers a substantial opportunity for high return and a regular cashflow, which many seniors like because it allows them to emulate a pension plan.

The first promise not to tax income trusts was unaccountable but the second one was the broken promise, the so-called double-cross, which was to all of a sudden tax income trusts. The ethical question comes up about whether a government is responsible for keeping its promises or, if it must break its promises, to at least explain and justify them in true, full and plain disclosure. However, that did not happen. In fact, the implications to the marketplace were clear. It was the mother of all free falls in the financial markets. Thirty-five billion dollars of the wealth of Canadians was wiped out in a day and half.

The government made two mistakes. The first one was interfering in the marketplace by making such a promise. The second one was breaking the promise, notwithstanding that there was some argument that the problem had to be dealt with. Even today the Canadian Association of Income Funds is providing analyses that refute the fact that there is a significant disparity between the tax treatment of income trusts and of dividend paying corporations.

On the question of accountability, it would have been a greater degree of accountability had the announcement of that decision been taken, say, on a Friday. At least the people who would be impacted would have had the opportunity to do something before the opening of the market on Monday. Instead, the government made the announcement mid-week and Canadians did not have an opportunity to consider the change and many people lost money. Was there accountability there? I would say not.

I wish I had more time to talk to hon. members about some of the aspects of the bill. I have problems with some areas. I wish the access to information provisions were stronger, as recommended by the former commissioner, Mr. Reid. There are some other matters that I believe we can deal with at a future time, so that is not critical.

On the whole, we are moving in the right direction and I congratulate all hon. members for doing as good a job as possible in the time allotted.

Federal Accountability ActGovernment Orders

November 21st, 2006 / 10:55 a.m.
See context

Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Mr. Speaker, my colleague said earlier that Bill C-2 amended in part some 20 pieces of legislation, including the Access to Information Act. But at the same time—and a number of members have mentioned this during this debate—this bill does not go far enough in reforming the Access to Information Act. Hon. members will recall that the Conservative Party promised during the last election campaign to accept the recommendations of the Information Commissioner, who was proposing a series of measures.

I would like to ask my colleague how he thinks such a change could have been made and how it could have benefited the Access to Information Act.

Federal Accountability ActGovernment Orders

November 21st, 2006 / 10:50 a.m.
See context

Ottawa West—Nepean Ontario

Conservative

John Baird ConservativePresident of the Treasury Board

Mr. Speaker, I thank my colleague from Quebec for giving a good speech.

I too am very unhappy with the current provisions of the act dealing with the appointment of those in charge of elections in the 308 ridings. The Bloc has been talking about such practice for a long time. Our caucus also talked about it: the member for Lanark—Frontenac—Lennox and Addington has been doing so for a long time.

Benoît Sauvageau, the former member for Repentigny, also brought it up. In fact, I remember Mr. Sauvageau once questioning me on that, asking whether we would do the right thing and include this provision in the bill. I told him we would. Following oral question period that day, he came to me and said that, in his 13 years in the House as an MP, that was the first time that a minister had given him a real answer, which I found very funny.

For the first time, the government will be cancelling 308 political appointments, patronage appointments if you will, and do things over properly. I am very pleased that the member raised this good aspect of Bill C-2.

The members on this side of the House agree with him and the Bloc on this very important issue.

Federal Accountability ActGovernment Orders

November 21st, 2006 / 10:25 a.m.
See context

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, I am pleased to address Bill C-2, Federal Accountability Act.

First, I would like to take a moment to remember one of our colleagues who worked very hard in committee on this legislation, this past spring. He did serious work and he spent many hours on this issue. Of course, I am referring to my former colleague Benoît Sauvageau, the member for Repentigny, who sat on the committee and was in charge of this issue for the Bloc Québécois. I am convinced that, wherever he may be, he is listening to us right now. I feel it is my duty to properly present the positions that he defended in committee and that accurately reflect those of the Bloc Québécois on this issue.

I should reiterate the fact that the Bloc Québécois supports Bill C-2. However, I clearly remember the work done by the legislative committee that reviewed Bill C-2. The Bloc Québécois continues to deplore the fact that it would have been in our best interests to hear many more witnesses and to do serious work in committee. This does not necessarily mean that we wanted to unduly extend debates by resorting to systematic filibustering or some other means.

However, we deplored, particularly during the clause by clause review of the bill and also when the list of witnesses was made, the government's attempt to ram through this legislation. The NDP worked as an accomplice to that end. I am using the term “accomplice” because I am not allowed to use a stronger word. The member for Winnipeg Centre literally got into bed with the government regarding this issue. He was an accomplice of the government to help it pass this legislation quickly. Had it not been for that complicity, we would have had time to hold a debate and to have much more extensive discussions on this bill.

Why does the Bloc Québécois support this measure? Because it will increase government accountability and transparency. I will list some points, since this is a major piece of legislation not only in terms of the number of clauses in it, but also the number of acts targeted. I talked about this at other stages of the bill and, as I recall, it affects 21 different acts. So, it is indeed a major piece of legislation.

As we know, Bill C-2 entrenches in law a ministerial code of ethics. It puts an end to the favouritism that allowed ministerial staff to enter the public service with priority status over qualified public servants. It strengthens the powers of the Auditor General and the Ethics Commissioner. It creates a stricter operating framework for lobbyists and reduces the influence of money during election campaigns, leadership campaigns and nomination meetings. It also creates the position of director of public prosecutions, which strengthens the independence of the justice system.

We also supported Bill C-2 because it meets some of what I would call traditional Bloc Québécois demands. The Bloc Québécois has been making these demands since it was founded, and even since the arrival of the first parliamentarians who agreed to sit under the Bloc Québécois banner. As we all know, from 1990 to 1993, they were not a recognized party in Parliament and had to sit as independents.

Nevertheless, in the years since the first Bloc Québécois members of Parliament took their seats as sovereignist members—let us not forget—we have repeatedly—especially from 1993 to 1997, when we were the official opposition—asked for one thing in particular: that Elections Canada appoint its returning officers based on merit.

I see that the President of the Treasury Board is applauding. I would just like to tell him, through you, Mr. Speaker, how pleased I am to see that, in this bill, he has agreed to one of the Bloc Québécois' traditional demands aimed at depoliticizing the appointment of returning officers. After every election, we have all had our stories, our little black books, our horror stories, perhaps, about decisions made by incompetent returning officers in every one of our ridings. Such incompetence does not just harm one particular party, political organization or electoral organization. An incompetent returning officer has a negative impact on everyone, including all of the candidates.

I could speak on this point alone, and I have done so in the past. We have only to think of the returning officer who agrees to have someone who can neither read nor write serve as a polling clerk or some of the unsuitable polling stations. In my riding, in Saint-Laurent-de-l'Île d'Orléans, I once took Jean-Pierre Kingsley, Canada's Chief Electoral Officer, to see a hockey players' dressing room during the June 2004 election so that he could understand the problem there. In an arena in a municipality the size of Saint-Laurent-de-l'Île d'Orléans, the players' dressing room is not as large as the Canadiens' dressing room at the Bell Centre or the Maple Leafs' dressing room in Toronto. It is a very tight space where there were six polling divisions and where, from beside the polling booths, you could literally see who someone was voting for. I could tell many more horror stories like that one, but members might wonder what my point was. I will therefore simply congratulate the government on granting the request from the Bloc Québécois to use an open, transparent competition, where the best qualified person is appointed as the returning officer, from now on. This will put an end to political appointments where a good Conservative or Liberal organizer was appointed to the position.

In response to another traditional request from the Bloc Québécois, Bill C-2 will amend the political party financing legislation, which will now be much more like the legislation in Quebec. I forgot to mention a minute ago that appointing returning officers using an open, transparent process where the position is posted in the newspapers is exactly the system Quebec has had since 1977, I believe. This system works very well in Quebec, I would add. The bill before us was inspired by the political party financing legislation in Quebec, which is part of the political heritage of René Lévesque, who cleaned up election practices and election financing practices in Quebec. This is another interesting aspect of Bill C-2, which prohibits corporate donations and caps individual donations at a more reasonable level.

We know that the Senate has engaged in its own analysis of Bill C-2. Of course, in the Bloc Québécois, we have our own ideas about what purpose the Senate serves and we would support abolishing it outright. It is a totally pointless organization that exists only for the plum appointments that can be handed out. Whoever is in power appoints senators of his own persuasion. We should abolish the Senate outright.

However, we have to acknowledge that the two solitudes in Canada mean that we have not reached that point yet. While a majority of Quebeckers support abolishing the Senate, people in other provinces want a stronger Senate. That is probably the case for your fellow Manitobans, in your province of origin, Mr. Speaker. As a result, there can be no consensus on this question.

When I meet people on weekends, I tell them about what the Senate costs, and when we talk about how pointless it is, I also tell them that for us, the people of Quebec, the only way to get rid of the Senate is through sovereignty for Quebec. We will have nothing more to do with the Senate of Canada, just as we will have nothing more to do with the Governor General or the lieutenant governors of each of the provinces.

However, in the present system, the Senate has done its own analysis of Bill C-2 and has proposed the amendments that are now before us. We have to say that some of those amendments may be worth considering, but others are totally unacceptable. We have done a careful, serious and thorough analysis of the government’s position on the Senate amendments. As a result, I can add that the Bloc Québécois supports the government’s rejection of several of the Senate amendments, which in our opinion do not advance either ethics or transparency.

You know that a majority of the Senate is made up of Liberal Party members. The Liberals were in power for so long in the 20th century that they had time to literally pack the joint, as it were. So they are superior, in numbers, to the Conservative senators. Probably as a result of the majority being Liberal, the senators come back to us and tell us that they would like to keep their own Senate adviser. This is another anomaly of a two-chamber system. The Senate is apparently jealously guarding its constitutional prerogatives and does not want to share the same ethics adviser. It is suggesting an amendment to us: a puppet adviser who would be under the authority of a Senate committee, and who would in fact be about as effective as Howard Wilson, Prime Minister Chrétien’s ethics adviser, was.

Mr. Wilson has appeared as a witness at the Standing Committee on Procedure and House Affairs. He is a nice young man. We have nothing against him personally, but Howard Wilson was a political adviser to Jean Chrétien rather than a real ethics adviser. In this regard, we agree with the government, which is getting ready to reject this amendment tabled by the Senate.

I would like to talk about a number of other amendments put forward by the Senate. Unfortunately, since there is not enough time, I cannot do that, but my colleagues probably have some comments to make about them.

The Bloc Québécois has always maintained that strengthening legislation and policies is ineffective if there is no real will by government members to change things. Justice Gomery said in his 23 recommendations that it is all well and good to have more effective control systems, but that the culture of entitlement needs to change in Ottawa. This was the culture that existed at the time in the Liberal Party. Having been in power for a long time, the Liberal Party practically thought it was the state incarnate. The Liberals were in charge of the public purse and could pretty much do what they wanted with it.

That is what happened during the sponsorship scandal. Justice Gomery told us that regardless of whether we have the most effective control mechanisms—and I am directing this to the Conservative Party—we have to change the culture here in Ottawa. The Bloc Québécois decided to give them a chance, but a number of signs, in how the Conservatives manage, concern us. We also know that as far as lobbying is concerned, the current Prime Minister tolerates what he was criticizing the Liberals for at the time. That is why the Bloc Québécois is saying that the Liberals and the Conservatives are six of one and half a dozen of the other. They are the same whether they are in opposition or in power.

On the other hand, the members of the Bloc Québécois have real power to ensure that people act responsibly. Do not forget that as elected members we are in charge of taxpayers' money above all and not our own money. We have to be accountable to our constituents. Taxpayers no longer feel like paying and they find they are paying a lot for the services they are getting.

We are aware of this at many levels of government management, be it municipal, school, provincial or federal. In mentioning school and municipal levels, far be it from me to claim that these local managers and elected representatives are not doing a good job. They do a great job. Still, those who pay school taxes and municipal taxes, in addition to federal and provincial income and other taxes are citizens and taxpayers. They are entitled to receive the services they pay for. This is why people are becoming increasingly critical. In the vast majority of cases, administrators at the school and municipal levels do an outstanding job with few resources, and all the needs and aging infrastructures.

Where we are critical of the current Prime Minister is that he allows into his immediate entourage certain people who may have links with lobbying or with firms which they have lobbied in the very recent past. I will give you some examples. The Minister of National Defence was a lobbyist with Hill & Knowlton from 1996 to February 2004. So, for nearly ten years, his clients included such companies as BAE Systems, General Dynamics, United Defense, Irvin Aerospace, Airbus and Bennett Environmental.

The Minister of National Defence manages a portfolio of extraordinary investments and we note that the Conservatives do not have any problems finding money for defence. During the months of May and June, they purchased military equipment worth $15 billion. In a month and a half, they went out and bought tanks, boats in Halifax, and vehicles and trucks at Valcartier. They also went to Toronto and the west. In all, they bought close to $15 billion worth of military equipment. When the time comes, though, to find money for support and protection programs for women, the disadvantaged, the homeless or for SCPI, they cannot come up with any money.

Mr. Speaker, you are letting me know that my time is up. I could have gone on speaking much longer. I am almost tempted to ask you for unanimous consent so that I can continue my speech until question period, but I am going to sit down.

Federal Accountability ActGovernment Orders

November 21st, 2006 / 10:05 a.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am pleased to have the opportunity to complete my remarks on Bill C-2, the so-called accountability act. I have a couple of quotes that I was not quite finished with that I will get to in a moment.

It is ironic that the government by devious means, and that is the Prime Minister working with the leader of the separatist party, is attempting to disadvantage the Canadian Wheat Board, a prairie grain farmer marketing institution. In disadvantaging farmers in western Canada, the Prime Minister is really allowing the opportunity for the international grain trade, our competitors in the international market, to gain marketing advantage over Canadian farmers. It is ironic that we are talking about an accountability act and the Prime Minister is using these tactics.

It is devious because the move has nothing to do with accountability at all but, instead, shows that the Prime Minister will go to almost any length to get his way in his ideological drive to undermine the Canadian Wheat Board. This is not just a Canadian Wheat Board issue. This is about the Prime Minister's tactics, his willingness to cut a deal with the leader of the separatist party, and his ideological obsession with trying to destroy the Canadian Wheat Board, a board now controlled by farmers themselves.

Let us look for a moment at this access to information and how it will disadvantage the Canadian Wheat Board. I turn to a letter that the chair of the Canadian Wheat Board tabled with the Senate Standing Committee on Legal and Constitutional Affairs. It stated:

Therefore, the true beneficiaries of adding the CWB to ATIA will primarily be non-farmers such as competitors and foreign antagonists that would be able to make information requests.

Subjecting the CWB to ATIA will put it at a disadvantage to its commercial competitors. These competitors could gain access to types of information about the CWB that the CWB could not obtain from them. It would also open up sensitive information to access by its international antagonists (primarily, the United States). By way of example, since the implementation of the Canada-U.S. Trade Agreement the CWB has been subject to no fewer than 14 U.S.-led trade challenges or investigations. All of these actions have been groundless as the CWB has not once been found to be acting outside of its international trade obligations. Yet, through the CWB, western Canadian farmers have been forced to spend in excess of $15 million to defend itself against these actions. The use of access to information requests by foreign parties is certain to become another vehicle to harass western Canadian farmers.

That is in fact what will happen. The Wheat Board will end up having to pay the costs for nuisance requests from people who are opposed to the board and farmers will have to bear those costs in western Canada. The Canadian Wheat Board again is being disadvantaged.

The parliamentary secretary is one of the key people trying to get the Canadian Wheat Board under access to information and he knows full well that the government never put forward the amendment. Why? It is because its legal advice said, as the Canadian Wheat Board Act states, that the Canadian Wheat Board is not a crown corporation or a government entity. Yes, it guarantees loans, but so does the government in other circles. That is important but it is not reason enough to have the Canadian Wheat Board under access to information.

The bottom line, which the government knows full well, is that the government had legal advice stating that the board should not be under these rules. The Canadian Wheat Board will be in the unique position of being the only non-government entity that has to abide by access to information rules and the people who will be disadvantaged are the grain farmers of western Canada. The people who will be advantaged are the international grain trade competitors that we compete against, mainly stationed in the United States.

What is happening here with the Bloc proposing the amendment to bring in access to information clearly shows that the Prime Minister is willing to cut a deal with almost anyone, even separatists, to get his way and disadvantage prairie farmers in the process.

Federal Accountability ActGovernment Orders

November 20th, 2006 / 6:10 p.m.
See context

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I would first like to thank my colleague from Saint-Maurice—Champlain for his question.

One of the cities in his riding is Shawinigan, which calls to mind the origins of Bill C-2, the federal accountability act.

To answer his question, I have to say that the undue speed of the work did not make for speedier results in this case. That is why I quoted several proverbs about the time it takes to do something well. Things that are worth doing are worth doing well. In the end, we always have to check and redo something we have done poorly.

As for Bill C-2, even though the government stepped up the work and tried to win a special prize from the Guinness Book of World Records, today, on November 20, we are no further ahead, and the President of the Treasury Board is no further ahead than he would have been if he had taken the time to do things properly. In addition, we would be even more pleased and even happier to pass this bill.

Federal Accountability ActGovernment Orders

November 20th, 2006 / 6:10 p.m.
See context

Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Mr. Speaker, my hon. colleague mentioned earlier a few sayings that have to do with the time it takes to act. I would like to add another one, Age quod agis. This proverb defines the municipality where I live and it means, “whatever you do, do it well”. It is similar to what my colleague was saying. She referred to the fact that she felt rushed. She noted that the witnesses called by the legislative committee on Bill C-2 were also rushed and did not have enough time to properly give their testimony.

In the member's opinion, would the bill be better and would it protect public interest better if the legislative committee had taken longer to study it thoroughly and properly, and if the whole issue of access to information had been referred to the Standing Committee on Access to Information, Privacy and Ethics?

Federal Accountability ActGovernment Orders

November 20th, 2006 / 6:05 p.m.
See context

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

I would like to thank the President of the Treasury Board for his comments. Nevertheless, I would like to emphasize what I said about the question I asked each one of the witnesses who appeared before the legislative committee that studied Bill C-2. I asked each one of them if they believed that the measures in Bill C-2 would have prevented the sponsorship scandal. None of them said yes.

I would just like the minister to think about that. I know that Bill C-2 is a valiant attempt, but it cannot prevent the sponsorship scandal from happening again, even though that is what it set out to do.

Federal Accountability ActGovernment Orders

November 20th, 2006 / 5:50 p.m.
See context

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I am very pleased to speak this afternoon about Bill C-2, the Federal Accountability Act. The Bloc Québécois really liked this bill, which seeks to make democracy more transparent. That is why the Bloc Québécois put its heart and soul into studying this bill, a process that was conducted at a fast pace.

This morning, the President of the Treasury Board stated that he was proud of his race for the Guinness record. He said that this bill could have been adopted just nine weeks after the election on January 23 and that members had put in 90 hours of work in six weeks and had passed the bill in 72 days. He was bragging and very proud of this performance, when he should have been a bit sad. Today, he can see that that whole mad dash was for nought.

I had the pleasure of sitting on the Bill C-2 legislative committee. I saw, with my own eyes, that the witnesses did not have time to explain fully. They had only two minutes each and had to speak in quick succession. The witnesses had no time to go into detail, and we did not have time to question them. They gave us lengthy documents that we did not have time to consult. We did not even have time to read them between the meetings.

It is only natural that a bill that was looked at quickly should come back to this House today with so many amendments. This is a substantial bill approximately 200 pages in length, with 300 clauses. Some witnesses even refused to appear before the Bill C-2 legislative committee, saying that they had not had time to study and analyze the bill. As a result, we did not hear all the important witnesses.

When there were witnesses, I nearly always used what little time I had to ask them one question that I felt was crucial. I asked them whether they believed that, with the bill as it is currently written, the sponsorship scandal could happen again.

Unfortunately none of the witnesses said this could not happen again, despite the 300 clauses in the bill. This needed to happen quickly and we did not have the time to look at anything. Furthermore, we knew, and we said, that this bill had some problems. If you check the blues of that committee, you will see that a number of committee members—witnesses as well as MPs—noticed these problems, raised them and deplored them. We said time and time again that there would be problems.

There is a saying that goes, “Slowly but surely”. Another one goes, “Something worth doing is worth doing well”. We cannot make a flower grow any faster by pulling on its stem. Often a bill is like a small flower. Today, this government is no further ahead. It is far from its nine weeks—maybe it had an even shorter goal—and 72 hours of work. We should have taken our time.

The work done in committee is extremely important. However, it is nice to have the time, between two witnesses, to read what the witnesses have prepared or even to read it in advance if they had time to send documents beforehand. The members of the legislative committee did not have time to read the documents beforehand and did not have time to read them afterward because they had to hurry off to attend another committee meeting. In the meantime, while we were going over Bill C-2, the Standing Committee on Access to Information, Privacy and Ethics slammed on the brakes, even though the Access to Information Act should have been included in BIll C-2.

The Access to Information Act was passed in 1983. Despite a number of requests for its review, it has stayed essentially the same. The Conservative government chose not to include the Access to Information Act in its Bill C-2. We know this is a mistake.

The President of the Treasury Board contends that further consultations are necessary. His colleague, the Minister of Justice, appeared before the Standing Committee on Access to Information, Privacy and Ethics and told us to draft legislation. We told him that the legislation was already in place. Back in 1987, the Standing Committee on Justice and the Solicitor General made 100 recommendations to reform the act.

In August 2000, the President of the Treasury Board and the Minister of Justice at the time struck a task force to review the act, the regulations and the policies on which the present access to information scheme is based. In November 2001, the Bryden committee—I do not know if that name rings a bell, Mr. Speaker, but it has been coming up regularly for quite a while in this place—proposed a dozen recommendations that it regarded as priorities. I should point out that the current Minister of Justice signed that report. This House also had an opportunity to debate this act, when a number of members introduced private members’ bills. The Information Commissioner even proposed a complete bill to the government in October 2005, that is to say one year ago.

When the justice minister came and asked us to submit a new bill to him, we said no, adding that he already had enough information, which he could have included in Bill C-2. We asked him to introduce a new access to information bill no later than December 15.

I bring up this very important motion passed in committee because I want to remind the Minister of Justice that he has very little time left to draft this bill. He has only 20 days or so left. I hope he is already working on it.

Of course, there is another proverb which says that nature abhors a vacuum. This is why the Senate proposed 158 amendments. Senators took their time. They reviewed the legislation and in fact they heard witnesses who had come before our committee. However, they took the time to talk to these people, to read their submissions and to listen to what they had to say. So, senators proposed 158 amendments. Now, the government is coming back with 50 clauses that it wants to change regarding these amendments. The Liberal Party also has an amendment dealing with at least four aspects of the bill, while the Bloc Québécois is proposing an amendment dealing with four measures.

This means that the House of Commons is doing the work that the committee should have done last spring, slowly, not too quickly, but surely.

The Bloc's amendments are very relevant. First, we have the two ethics commissioners. It is obvious that there should only be one commissioner, because the Senate's ethics counsellor is only accountable to a Senate committee. There is no need to elaborate on this situation. Let us just say that their ethics counsellor is somewhat like the Howard Wilson that we had here, who was accountable to the then Prime Minister.

As for the Canadian Wheat Board, it is appropriate that it be added to the list of organizations subject to the Access to Information Act. Why? Because three administrators are appointed by the government. The Auditor General already has the right to audit this board. Some say that the government does not fund this organization, but that is not true. It guarantees the contracts of the board's clients. For 20 years the Canadian Wheat Board has cost Canadian and Quebec taxpayers several billions of dollars. That is right. The money is not an issue. But at least the board should be subject to the Access to Information Act.

The Bloc amendments also require that documents used to prepare internal audit reports be subject to the Access to Information Act. Recent events, including the sponsorship scandal, have shown that it is absolutely necessary for the public to have access to these documents.

There is also an interpretation clause on the public interest. It seems to me that it is important to be able to act in the public interest when a document is not accessible. We must prove that it is in the public interest to have access. If it is proven to be in the public interest, it seems normal to me that a government open its books.

Finally, delegate expenses at political conventions must be considered donations because that is what they are. Delegates are charged almost $1,000 to attend a convention or meeting. However, we know that is not the real cost. Obviously a profit is made and that must be considered as financing.

These are the Bloc subamendments. As I mentioned earlier, the House of Commons is now doing the work that it should have done slowly but surely last spring.

In closing, I absolutely want to remind the President of Treasury Board's colleague, the Minister of Justice, that he only has 20 days to submit his access to information bill to the Standing Committee on Access to Information, Privacy and Ethics.