Bill C-2 (Historical)

Federal Accountability Act

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

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.

Federal Accountability Act

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, it is interesting how the government talks about the Liberal senators who hung the bill up, but I know that the President of the Treasury Board actually accepted a very large number of those amendments. Of some 140, I think 40 were actually made by Conservative senators. They have a job to do and it is reflective of the work that they did. It is a mischaracterization of the Senate's work to say that they are dragging their feet because they did their job. They had the time to do it which we were not given in this place. That is the reality.

The member for Dartmouth—Cole Harbour raises some interesting aspects, but I want to share with him one thing I found at a conference two weeks ago at which I was a panellist. It dealt with accountability. One of the consistent messages coming from the legal professors and experts commenting on the bill was that they were concerned that the bill was based on a foundation of presumption of guilt of the public service, politicians and everyone involved in public life as opposed to the presumption of innocence. The concern was that many of the administrative overlays being proposed in Bill C-2 would decrease the productivity of the public service because everyone was swept under the same umbrella of guilt.

It is an interesting point for them to raise. I wonder if the member has a comment on whether or not the concerns with regard to the accountability of this place should have focused more in terms of where the risk elements were and where we needed to shore up things rather than to blanket the whole system with a layer of administrative and unproductive activity.

[Michael Savage, Liberal, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I am pleased to speak to Bill C-2, the so-called accountability act, a bill that was put together with a great deal of haste and one which has returned from the other place with a number of important amendments. I would like to speak to the spirit of this bill and the underlying motivations that seem to have resulted in legislation which, as we have discovered, is technically flawed in many respects and substantively flawed in its objectives.

I appreciate the work of the senators in the other place from both parties, in particular Senator Joe Day who has put forward reasonable amendments to make this legislation better. There were 30 days of hearings in the other place, 150 witnesses and a lot of very positive work.

When Bill C-2 was presented in this House it was done so under the political environment of a recent election and the concern that many Canadians had about ensuring that the taxpayers' money was protected from abuse. From the outset many of us were uncomfortable with the rapid and now we see irresponsible rush in which the President of the Treasury Board proceeded. Liberal members raised these concerns at committee.

In fact, the vast majority of amendments proposed by the Liberal members on the Bill C-2 committee last spring were defeated by the NDP-Conservative coalition. This was done for political and partisan reasons. It was clear then that public relations and scoring cheap political points were more important than bringing forward legislation that would in fact live up to its name.

After hearing more than 140 witnesses through many hours of hearings, the Senate committee under the leadership of Senator Day has placed before us amendments that we should seriously consider. Notwithstanding the constant flow of feigned outrage from the Treasury Board president, it would be totally irresponsible for the government and the House to ignore reasonable amendments that seek to strengthen the legislation thereby ensuring that it is in line with the charter and in the public interest.

In fact, it was the Treasury Board president who suggested in his own appearance before the Senate that the bill had been, to use his exact words, “examined with a microscope”. We now find out that this microscope was more like a periscope: long on rhetoric and narrow in focus.

David Hutton, coordinator of the Federal Accountability Initiative for Reform, described the drafting process that was employed to craft Bill C-2 as “deeply flawed”. He said that the bill “is complex and is full of loopholes when you dig into it. I feel that the committees have been given an impossible task, namely trying to turn this into effective legislation that meets intent”.

In addition to repairing numerous drafting errors which should have been caught before the bill was introduced, key amendments that came back include political financing. This is an area of particular importance to me, as it is to all members of the House of Commons. Not only am I a member of Parliament but, as many other members have done, I have run campaigns for other candidates and have worked a lot of elections. I was the president of the Nova Scotia Liberal Party sitting on the national executive and got involved in the financing of political parties.

It is important that we ensure that any new political donation regime does not unfairly restrict the participation of political parties in debate. I suggest the proposed change to $2,000 per year, the limit that came back from the other place, is an important change.

In 2003 Bill C-24 was introduced and passed by the Liberal government of former prime minister Jean Chrétien. It radically changed how elections are financed in Canada, notably reducing the amount of allowable donations to political parties. The current President of the Treasury Board acknowledged the usefulness of Bill C-24, which in fact contained a clause for its review, but there has been no review. There has just been introduction in this bill of more political reform, which I do not think makes a lot of sense.

Clearly, the government has failed to produce any evidence that the existing limits are undermining the electoral process at the federal level. Furthermore, political donations play an important role in our democratic system. Limiting them too strictly has the potential to limit participation of smaller political parties, as well as all Canadians who wish to participate in the political system.

Why would the government introduce these strict limits? If we look across Canada at what provinces are doing in their own electoral districts, it is pretty interesting. I would like to take a minute to let people know what those limits are across Canada right now.

In Newfoundland and Labrador there are no contribution limits to political parties.

In Prince Edward Island there are no contribution limits.

In Nova Scotia there have been none. In fact, last week new political financing legislation was brought forward into the House of Assembly in Nova Scotia. I believe the limit there would be $5,000.

In New Brunswick there is a maximum of $6,000 during a calendar year to each registered political party or to a registered district association of that registered political party.

In Quebec contribution limits are a maximum of $3,000 to each party, independent member and independent candidate, collectively, during the same calendar year.

Ontario has contribution limits. The maximum contribution a person, corporation or trade union may make is $7,500 to each party in a calendar year and in any campaign period; $1,000 in any calendar year to each constituency association; an aggregate of $5,000 to the constituency associations of any one party; $1,000 to each candidate in a campaign period; an aggregate of $5,000 to candidates endorsed by any one party.

In Manitoba individuals may contribute a maximum of $3,000 in a calendar year to candidates, constituency associations or registered political parties, or any combination.

In Saskatchewan there are no limits on contributions.

In Alberta the limits are $15,000 to each registered party, $1,000 to any registered constituency association, and $5,000 in the aggregate to constituency associations of each registered party, and then further regulations in any campaign period: $30,000 to each registered party, less any amount contributed to the party in the calendar year.

In British Columbia registered political parties or constituency associations may accept a maximum of $10,000 in permitted anonymous contributions. Candidates, leadership contestants and nomination contestants may accept a maximum of $3,000 in permitted contributions.

In Yukon there are no contribution limits.

The Northwest Territories has what seem to be the strictest limits. An individual or corporation may contribute a maximum of $1,500 to a candidate during a campaign period, but a candidate may contribute a maximum of $30,000 of his or her own funds in his or her own campaign.

These election limits that have been brought in dramatically exceed any other election financing reform that has been brought in across Canada, reforms that have been brought in, in provinces led by a whole series of different types of government, different parties in power.

One witness at the Senate committee, Arthur Kroeger, the chair of the Canadian Policy Research Networks and a former deputy minister in five federal government departments, told the Senate committee:

What problem are we trying to solve? Were there abuses when the level was $5,400? I do not know. I do not remember reading of any such abuses. Were there abuses that merit the reduced levels of contributions that were permitted by business and unions? If you cannot identify the problem that justifies a provision in the bill, then have you lost balance and have you pushed things too far? Those are questions in my mind...Do we truly need to go that far to achieve good governance and are we risking harm? It is possible.

When we look at what provinces across the country have done, that would seem to back that up.

It is certainly not just Liberals who are making the case that these stringent donation limits are unreasonable and unnecessary. Lowell Murray, a Progressive Conservative senator from the great province of Nova Scotia, a highly respected figure and a former close adviser to two Progressive Conservative former prime ministers, the Right Hon. Joe Clark and the Right Hon. Brian Mulroney, said in the Senate recently, I believe on third reading, after the committee hearings, “I would delete from the bill all the provisions respecting political financing”.

There are a lot of very interesting comments, but let me just stick to the political financing piece. He talked about examples of how this legislation is flawed. He went on to say:

Another example is in the creation of a directorate of public prosecutions. This may or may not be necessary--probably not--

To get back to financing, he said:

This bill purports to introduce further reforms to our political financing and elections laws. The committee has recommended amendments to the government's proposals. I am more persuaded by the argument of Professor Peter Aucoin, who told the committee that those proposals have no place in the omnibus Bill C-2 and should be considered as part of an overall examination of elections and political financing law.

He said later in his speech:

The examination of our political financing and election laws that I believe is necessary must go forward, in my view, and my amendment would remove from Bill C-2 the various provisions relating to political financing in the hope of a principled examination of this whole field, a principled examination of our electoral and parliamentary democracy, by people who have relevant experience in it.

That speaks directly to the issue of this bill being too large and too cumbersome, trying to do too many things for political reasons and not being based on evidence nor history.

Increasing the maximum personal contribution to $2,000 from the proposed $1,000 would still be a significant reduction from the current $5,400 that came in under Bill C-24, but I would support the $2,000 limit.

There are many other amendments that involve access to information and technical changes that were necessary because it was rushed legislation. Certainly, the clearest proof of that was the recent attempt to alter the legislation to cover up the practice of the Conservative Party of not counting delegate fees as political donations, which was clearly not the intent of the act. It was never understood by any political party that I know of as being the case, and it has been acknowledged by Canada's Chief Electoral Officer as being the wrong policy.

One of the advantages of the other place looking at this so carefully was that it gave people a chance to make some comments, people who have expertise in this area. I had mentioned before Mr. Kroeger, the chair of the Canadian Policy Research Network. He also said:

If the legislation had been written by a government with more experience in office, it may not have some items in it that it does, which I will explain in a minute.

He went on to explain, and then said:

There is the other problem that some of the contents of legislation were, I think, developed during an election campaign, and there is always a risk of a bit of overkill for the sake of achieving a public effect--

Dr. David Zussman, the Jarislowsky Chair in Public Sector Management at the University of Ottawa, indicated, in talking about the new positions in this bill:

In each case, we are creating new positions at considerable cost to the taxpayers of Canada, so we have to ask ourselves simply will these costs produce results that will make a tangible difference or a marginal difference over the information and analysis that we already have.

Alan Leadbeater, deputy information commissioner of the Office of the Information Commissioner, suggested:

--Bill C-2 would authorize new and broad zones of secrecy, which will have the effect of reducing the accountability of government through transparency...Bill C-2 will reduce the amount of information available to the public, will weaken the oversight role of the Information Commissioner, will increase government’s ability to cover up wrongdoing and shield itself from embarrassment.

These are a number of comments that came from the hearings that were held in the other place.

This is a deeply flawed bill. I support accountability and I support some of the measures that are in this bill, but these amendments that have come back from the other place are worthy of everybody's attention and support.

It is obvious to most people, except perhaps those on the government side, that this bill is a blunt instrument to achieve political gains. As is so often the case when politics is the primary motivation, bad law is created, and thankfully we now have an opportunity to correct these flaws. I encourage all parties to support these amendments and to make this legislation live up to its name, the accountability act.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, the concern I would have is if the government proclaimed Bill C-11 and Bill C-2 was not passed, we would end up with Bill C-11 on the books. What I am saying to the member very directly is that Bill C-11 was flawed. Procedurally the member is correct in terms of the sequence that needs to happen and could happen.

What is in front of us right now is a bill that was passed here as amended and sent to the other place where it was meddled with. Quite frankly in some cases it was gutted and the whole orientation of the bill was changed and sent back to us.

For those who would blow the whistle it is small comfort to them that the intent of the other place was to improve it. At the end of the day what we have to look at is those markers that I mentioned before. The rules have to be clarified. The public interest has to be established. In the case of whistleblowers, having Bill C-11 proclaimed and then having Bill C-2 come into play could happen.

The concern I would have is if Bill C-11 were proclaimed and Bill C-2 did not pass, we would have a substandard whistleblower act. That is not good enough for the women and men who work in the public service.

Another side to that is that we need to extend the whistleblower legislation beyond crown corporations and governments. We need to talk about people who receive public dollars who are doing research. We have heard stories of people who are doing research in universities who are trying to follow the public interest and do the public service by blowing the whistle and they are not covered by the bill. We need to take a look at that after the bill is passed and perhaps amend it down the road. I suppose that is for another day but for now, we should pass this bill. Then we could get on to getting really decent whistleblower protection for the women and men in the public service.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I appreciate the member's comments on this, but I still need to get some clarification. If Bill C-2 is going to make amendments to Bill C-11 to make it better, Bill C-11 still has to be proclaimed before Bill C-2 is proclaimed. We have to have an act that is actually in force and in law before Bill C-2.

If the member wants Bill C-2 to be in place and passed before we rise on December 15, should not Bill C-11 be proclaimed so that we can get the process moving? Everyone would understand the rules of the game under which they would be operating. It just is not clear enough to the public service whether or not the provisions in Bill C-11 as amended by Bill C-2 are going to be in place.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I will be very succinct. In my opinion, and in the opinion of many people with whom I worked before being elected to this place, Bill C-11 is substandard. I am delighted it was not proclaimed. I can name people who pushed to ensure that it did not see the light of day because they wanted a better bill. To be quite direct about it, it is yet another reason to get this bill through the House, back to the Senate, get the bill passed and stop the ping-pong between the two places.

Bill C-2 would change the whistleblower legislation to ensure there would be a more comprehensive way for people to report misdeeds and that they would not go into a process where they would have to wait for long periods of time. That is exactly what Bill C-11 would have done.

I was on the committee and supported the changes. It was helpful to make amendments to ensure they would have a choice. If people were to blow the whistle now, they would have the choices that were in Bill C-11 and additional ones, if they chose to use them. That is really important. This is cutting edge and if Bill C-11 had been proclaimed then, the government of the day would have had the excuse of saying it wanted to see it operate for a while.

Speak to people who have actually blown the whistle, like Dr. Chopra. Ask what he thinks of it. He would tell us, because I have talked with him, that Bill C-11 is substandard. It does not meet the test. He is delighted this is coming forward.

The final thing is to pressure the government to clean up all those cases before Bill C-2 is proclaimed and enacted. I have asked the government to do that and I hope it does it soon. People's careers have been destroyed, like Dr. Chopra, for doing nothing more than standing up and doing the right thing in the interest of Canadians.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, the member spent a bit of time talking about the whistleblower act, Bill C-11, which came up two Parliaments ago. It was worked on for about a year and all last Parliament.

As a consequence of the work of the government operations and estimates committee, the bill was virtually rewritten. One of the changes was to create a new position, a new public integrity officer of Parliament, who would be in the same vein as the Auditor General or the Privacy Commissioner, et cetera. That bill was unanimously passed by all parties in committee with all of those changes. It came to the House, was fully debated and unanimously passed by all parties in this place. In fact, on the second last day of the last Parliament, it received royal assent.

That bill is extremely important to the whole accountability mechanism. It provides protection for the public service, for those who feel they have information about some alleged wrongdoings or other reprisals, as defined in the bill, to come forward to get explanations to this watchdog who will report to Parliament. It is a very important bill.

I understand Bill C-2 proposed some amendments to the whistleblower bill. What I want to understand, and maybe the member can help, is that Bill C-11, although it received royal assent in the last Parliament, has not been proclaimed. This means that although it is law, it is not in force yet. All the work has been done by Parliament and passed by both Houses and given royal assent, but it is still not operative. We still do not have a process of bringing in this new officer of Parliament. We still do not have the directions to all the crown corporations and agencies that will be swept in under this because it has not been proclaimed. The government has been in office for several months and it still has not been proclaimed. It is important.

Could the member try to explain to the House and to Canadians why Bill C-11 has not been proclaimed so we can have accountability, openness and transparency now?

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I will begin my comments by following up on the point the member for Cambridge was enunciating on cleaning up politics. It is a pleasure to again speak to a bill that we worked hard on and to which I have personally contributed on the committee.

I will begin with the title of cleaning up politics because that is the title of the document put forward by my predecessor, Ed Broadbent, before the last election. The document is entitled “Cleaning up Politics: Demanding Changes in Ethics and Accountability”. The seven point plan that Mr. Broadbent put forward is pretty straightforward but still a little elusive, notwithstanding some of the important things that have been brought forward.

The first point was to have democratic accountability for MPs. What he was referring to was that no MP should ignore the wishes or intents of his or her voters for personal gain. What he was talking about is that MPs should not be able to cross the floor simply so they can be vaulted into cabinet. It is important to note that he was not talking about the present government. He was talking about the previous government. That is something we were not able to attain in this bill but we will continue to fight for that because the basic premise of democracy is not to have MPs cross the floor at their will and for their personal gain. It must stop. The government in Manitoba is putting forward a bill that will do that and the Government of Canada should do the same.

The second point on his list was fixed election dates. I am glad to say that Bill C-16 is on its way. Hopefully it will pass through the Senate a little easier than Bill C-2 will, for the sake of all of us.

The third point was to have transparent leadership contests. A certain member of the Liberal Party, who went on to become the leader of the Liberal Party and the prime minister, was able to raise $12 million for his leadership campaign. Some would say that the $12 million were not necessary because, as we all know, it was not much of a contest. However, before the government gets too high on its horse, the present Prime Minister spent $2.7 million for his leadership contest. It seems like a bargain by comparison but, nonetheless, we need to have less money injected into the body politic and take the money out of politics. We saw what kind of effect that can have on the body politic in the most recent American elections.

The fourth point was real electoral reform. We will continue to fight for this. We do not believe that what we have seen with the unelected Senate is anything that anyone can be proud of and it is certainly showing that our democratic institutions need an overhaul. One of the things we have put forward, following along many reports going back to the Pépin-Robarts report and others, is the need to change our democratic institution so it is reflective of the will of the people. We can look at perhaps a first past the post system with proportionality, such as they have in New Zealand, Scotland and, in fact, in most of the rest of the world save two other jurisdictions.

The fifth point was to end unregulated lobbying. I am pleased to say that there are changes in Bill C-2 about lobbying. I am sad to say that there are some amendments being put forward by the Senate to change that. What seems to be elusive is what my colleague, Mr. Broadbent, put forward, which is that we deal with firms that act as both lobbyists and government consultants. This is a conflict of interest as they are playing both sides of the street. We saw that with the previous government and we do not want to see that happen in the future. If a firm is working for government one day, the firm should not be able to turn around and lobby the next day. It creates a perception of influence peddling, and we have seen examples of that before.

What we need to still deal with is the fact that lobby firms, public relations firms, must have clear rules in front of them for the sake of our democratic institutions and we need to ensure it is understood that government is here to serve the people and not the friends of any particular party. Sadly, Bill C-2 does not end that type of lobbying and we need to continue to work on that. We provided amendments but they were ruled out of order.

The sixth point on Mr. Broadbent's list was ethical appointments. Just recently a panel of experts looked at reforming the National Capital Commission here in Ottawa. It should be noted that the National Capital Commission, which goes back to 1959, was always an appointed body based on who one knew and on political patronage. We hope that will change but it should not be based on a whim. It should be based on a structure so that appointments can function properly.

We proposed, and the bill does have amendments, to have a public appointments commission. Those amendments were taken from Mr. Broadbent's work on ethical appointments. We believe we should toss out the whole idea of patronage when it comes to appointments. With a possible 4,000 appointments, we believe it is dangerous to allow them to be motivated by politics. In fact, they should be motivated by merit to serve Canadian people and not to serve any political party which, sadly, was the case, not just with the previous government but back all the way to Macdonald. Canadian history is littered with problems in and around political appointments.

The commission that my colleague from Winnipeg worked on and was derived from Mr. Broadbent's idea makes sense. As was mentioned earlier, the government had concerns about the person it tried to appoint to fulfill this job. The problem was not necessarily with Mr. Morgan's abilities to do the job but with the way in which it was being done. We had in front of us a bill that would change the appointments process and the government tried to cut off the process and appoint its own person but then cried foul when it was not accepted.

The point was that we had a bill before the House which talked about a public appointments commission but the government decided it knew better and wanted to appoint its person who, quite rightly, was rejected. It was not because of the person himself or his merit. It was because the government put forward someone ahead of a bill that was in front of Parliament to create a public appointments commission. On another day I could give my opinion on that person for that job, but I will leave that.

We need to have a public appointments process and that brings in ethical appointments. It is too important for Canadians and for the body politics.

The final point Mr. Broadbent put forward was to reform the access to information and, my gosh, do we need work there. We have problems presently with the government. I recently had an access to information on something that was not controversial and I received three lines and 18 pages blanked out. I wondered if something as controversial as a museum was actually of note to the security of the country and puts us all in jeopardy. Apparently it does and one of the problems is that the Access to Information Act is too limited, too controlling and does not serve Canadians well. We clearly need to change that.

We need to ensure light is shed on government and that we have a window on the decision making of government, not simply to allow people who want to be critical of the government, while that is important, but to allow anyone who wants to understand how government works and the motivations behind policy and, quite frankly, being able to form policy, are allowed to have their voices heard by way of knowing what the decisions were of the government. There are changes in Bill C-2 but we need a heck of a lot more.

I want to talk about some of the things that we were able to provide and propose as a party. We did not oppose the idea of Bill C-2. In fact, in principle we supported it in committee and where we thought changes were needed we proposed alternatives. I already mentioned our proposal for the public appointments commission which was accepted as amended and put into the bill. One of the things I put forward was to ensure that all contracts of $10,000 or more be on the public record. We had to fight to get that in but it is in Bill C-2.

One concern Canadians had with the previous government in the sponsorship case was contracts without a paper trail. Often we did not know who was providing the service or what that service was. One of the amendments the NDP put forward in the area of procurement was to ensure that all contracts of $10,000 or more would now be on the public record. I would have preferred that it had been a lesser amount, but that is what we agreed to on compromise. Now any Canadian can find out who is providing a service to the government and who is getting the contracts. They will know if they are getting value for their money.

The NDP believes fundamentally in lowering the donation that people can make to $1,000. Sadly, in the amendments before us, the Senate has deemed it in its infinite unelected wisdom to change that to $2,000. I know this was something the Liberal Party preferred. I think most people would agree that $1,000 is fine and reasonable. We would like to see that amendment defeated. No constituent of mine has called me to ask me to ensure the donation limit is increased from $1,000 to $2,000. In fact, I would submit that any member of the House could go out and claim that was a good idea in a town hall meeting or in a householder.

The NDP also believes it is important to strengthen the whistleblowing protection in the act. Before I was elected to this place, I worked with many people in the community around whistleblowing. When Bill C-11 was before the House, it was not sufficient. I was delighted to see it was not proclaimed because it was not good legislation, as some might have suggested. In fact, people who had been negatively affected as whistleblowers were adamant. They said we needed to change those parts of the whistleblower protection act to ensure it reflected their concerns. That has been done and I hope we will not tinker with that.

Conflict of interest rules allowing Canadians to make complaints to the new conflict of interest and ethics commissioner is something we have provided by ensuring that positive propositions were added to Bill C-2.

The protection of first nations' rights within the act is something I personally moved through committee to ensure they were not sideswiped by something that was not about them. First nations were almost folded into the equation when they should not have been.

The NDP amended the bill to ensure we not only changed the appointments process, but in effect changed the whole notion of patronage. If there is one thing, as my colleague from Winnipeg has said, we should ensure that the public appointments process remains in the bill.

The way appointments were done in previous governments was via a telephone and a Rolodex and who was known in the PMO. Those days are gone, fineto, adios. Canadians have been clear that this kind of politics is not only admonished, but it is something that will not be accepted. I challenge anyone in this place to go out and debate the need to bring back patronage appointments in our democratic system and our democratic framework. Thankfully those days are gone.

We need to ensure we have a clear understanding of the bill. It is not about getting a pound of flesh. If it is about that, then I suggest members have missed the point. If the government or any of the opposition parties are trying to exact revenge with this bill, then they are clearly misguided. Canadians are tired of it. We do not need to deepen the cynicism of politics. In fact, what the opposition is trying to do is to ensure there are clear rules so we can build back the trust that has been lost with Canadians.

Recently I saw some appointments that caused me concern. The Conservative government has appointed someone to the Natural Sciences and Engineering Research Council of Canada who goes against the consensus within the scientific community on climate change. It has appointed someone who will be responsible for providing a grant to researchers, a person who is out of step with the mainstream scientific body on climate change.

Again, we need to pass the bill to ensure we have merit based appointments so we no longer have people appointed to bodies, which are so important to the public good, who potentially undermine the public good.

If we look at the bill in total, all of us have concerns about it. We have stated those concerns in committee. We proposed alternatives to it so it would be something of which we could be proud. In the end, we wanted to go back to our constituents and say that we did everything we could to ensure we had clear rules that would bring back responsibility to government, that would bring back clear representation to our citizens, the constituents we represent. No longer could we say that the decisions being made in government were being made under a cloud of suspicion over whose interests were being served. Quite frankly, that was the equation.

We need to ensure the following: when people are lobbying the government, they are not doing it because of who they know; when people blow the whistle, they will not have their career ruined because they stood up for the public interest; when someone is appointed to the head of a Crown corporation, it is based strictly on merit alone; and when people decide they will contribute to government, it is based solely on the public good and not on their private interests. Those are the key issues we all have to look at when we look at Bill C-2.

Sadly, the amendments that have come back to this place from the other place do not do that. They are riddled with self-interest. They will undermine the public trust and ultimately, I believe, undermine the whole notion of the necessity for the other place. When we have the other place sending legislation back to this place, legislation that has been gutted of many well thought out sensible ideas for its self interest, it speaks for itself.

I could underline many of those amendments, but two in particular are worth underlining. First is changing the limit one can give from $1,000 to $2,000. This has been put forward by people who are not even elected, which raises all sorts of question marks. Many people in the other place spend much of their time raising money for political parties. Perhaps that is the reason. The other issue we have to examine is changes to lobbying. We need to strengthen our oversight on lobbying, not weaken it.

In the end, we have an unelected body, the other place, sending back to an elected body incredible amendments in terms of the number, but more important, in terms of the scope and what they will do to the bill. That raises the question of the value of the other place when it does such a thing.

When we talk about real accountability and when we see what has recently happened and how the bill has been played with and manipulated by the other place, we have to then suggest this. The next project, after the bill has passed, is to take a look at how we can reform, modify and change the other place to make it a lot more accountable and democratic so it will not meddle in the voice of everyday Canadians who elected us.

Finally, if the bill is destroyed and not passed, every one of us will have to answer as to what we did and why. My belief is Canadians wanted to see us pass a bill with clear rules and clear reform for them. The bill is not about us. It is about Canadians. We need to pass the bill and ensure the values that Canadians entrusted to us to promote are the bottom line, not the interests of people in the other place or anywhere else.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Thank you, Mr. Chairman.

I don't have a problem dealing with these, whether or not it is as you say. My difficulty with what you just said is that the Government of Canada quite often tables notices in the week that the House isn't sitting, as we saw with amendments to Bill C-2, for instance, being tabled in the week the House wasn't sitting, and that counts as the 48 hours' notice. So I'm not sure. I would be interested in getting the verification on that. I'm not sure that you're right, Mr. Chairman, but that's beside the point.

I'm quite prepared personally—and I can't speak for everybody else—to deal with all three of these right now and waive the 48 hours' notice.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, the member for Peterborough asked about the amendments that were made by unelected senators, as he called them, but I think the evidence that this was a hastily drafted bill, poorly worded and requiring a lot of amendments, probably comes from the government itself.

I know the member for Charlottetown has spent considerable time studying this bill. When I go through the amendments, I have not counted them up yet, there seems to be certainly in excess of 40 amendments from the government itself. Could the member explain to me why that is the case? Is it poorly drafted? How many amendments are there and why did the government not do it at least half right in the first place? It was so anxious to try and make an issue of accountability, we know that, but without really dealing with accountability in a concrete way.

I might ask him, as well, is there anything in this bill to do about political patronage from the Government of Canada? We have seen some terrible appointments from the government and I wonder if this is addressed in any way by Bill C-2.

[Monique Guay, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, I will try to be brief.

As I said, I do not think that this bill is perfect. However, I think that accountability is part of it and that we have to start somewhere if we want to make progress. As I said earlier, the Bloc Québécois will support Bill C-2.

[Keith Martin, Liberal, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I know it would be a big mistake for the government to pass this law.

This has nothing whatsoever to do with accountability. In fact, the definition of accountability is not even in the bill.

Does the member not think that Bill C-2 has nothing to do with accountability? Will her party say no to supporting the bill as it is going to cause gridlock in the public service?

[Danièle Chatelois, Privacy Policy Analyst, E-Commerce Policy Directorate, Electronic Commerce Branch, Department of Industry]

From what we understand, this proposal was removed from the last version of Bill C-2, and now only the Enterprise Cape Breton Corporation is scheduled to be moved over to the Privacy Act.

This was originally done by an order in council on August 31, in which the Enterprise Cape Breton Corporation was removed from PIPEDA. It had originally been brought under the act by an order in council at the end of 2000. It was removed by an order in council in August 2005 and brought under a schedule to the Privacy Act at the same time.

Now, as we understand it, Bill C-2 is only proposing to formalize this in law for the Enterprise Cape Breton Corporation. We understand—

[David Tilson, Conservative, Dufferin—Caledon, ON]

All right.

Under Bill C-2, the proposed accountability legislation, VIA Rail, CBC, and a third one—which I can't remember—were moved to the Privacy Act, and it's not covered by PIPEDA. The Privacy Commissioner has indicated that she is concerned about this, and there will be lesser protection under the Privacy Act as opposed to PIPEDA.

Could you please comment?

[Monique Guay, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, I answered the question.

The member is talking about destroying the Canadian Wheat Board. But wait a minute. The Canadian Wheat Board still exists and will continue to exist. The only thing we reject is simply that it is included in this bill. That is all. The members on the other side of the House should calm down.

We decided that the Canadian Wheat Board had no place in this bill, but it will continue to exist and operate, nonetheless. In addition, we have the UPA. We will vote based on what works for us.

If the Canadian Wheat Board is not working, we will not vote in favour of including it in Bill C-2, especially if Ottawa starts encroaching on jurisdictions that are very important to Quebec.

My job and that of other members of the Bloc Québécois is to defend the interests of Quebeckers. I repeat, the Canadian Wheat Board will never disappear. It will continue to exist, except it will not be included in Bill C-2. That is all there is to it.

[Monique Guay, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, in Quebec we have the UPA, which does extraordinary work in the agricultural markets. Our fear was that with this access to information, Quebec's toes would be stepped on yet again. Quebec is very well served by the UPA. In that regard, hon. members will simply have to accept our position. We have a different way of doing things in Quebec and we find this is an encroachment into our existing jurisdictions.

Nonetheless, as my colleague who loses his cool quite easily—I guess that is his nature—can see, we will never have unanimity here. There will always be someone complaining that something does not work in Bill C-2, that something—an article or a comma—should not be included in it. We did this work in committee and this was done in the Senate. Nonetheless, I believe that we can still discuss this and see whether there are still some things that can be settled. Through working on this bill we know it well and have assimilated it. We made some recommendations, as did the Liberal Party and the NDP. Even the Conservatives made recommendations because they themselves realized that some things did not make any sense in this bill. But we worked very quickly.

Members know my concern about passing this bill too quickly. There are still 158 Senate amendments. We are trying to pass it very quickly here in the House of Commons. In my opinion, we need to take the time to go over this thoroughly. Maybe the senators proposed other amendments because they met other witnesses who raised red flags like Mr. Walsh did for us. We have to take the time to consider this and make all the necessary improvements.

That being said, it is clear that the accountability act will never get the full support of the House. There will always be something someone does not like or some small problem. If it includes most of the Bloc Québécois' amendments, most of what we asked for, as it does now, we will vote in favour of the bill. However, we cannot ask for the moon. I think that everyone has found something in this bill that is worth supporting. I know that we will vote in favour. The NDP will probably vote in favour, but in the end, the important thing is to have a good law. We have never had a good accountability law, and it is high time we did.

Once again, we must proceed with wisdom and knowledge. We must ensure that it is well-written and that we do not end up with legislation that will cause chaos in the departments or clash with other bills. That is extremely important. So let us take our work seriously, as we have done from the beginning. Obviously, when things are different for Quebec, we will act accordingly. That is why we do not support this amendment.