Federal Accountability Act

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

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

Sponsor

John Baird  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

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

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

C-2 (2021) Law An Act to provide further support in response to COVID-19
C-2 (2020) COVID-19 Economic Recovery Act
C-2 (2019) Law Appropriation Act No. 3, 2019-20
C-2 (2015) Law An Act to amend the Income Tax Act
C-2 (2013) Law Respect for Communities Act
C-2 (2011) Law Fair and Efficient Criminal Trials Act

Votes

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

Federal Accountability ActGovernment Orders

April 26th, 2006 / 6:15 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I am encouraged by the words of my colleague, the House leader for the Conservative Party. It is important, not only because it affects things in terms of how people can predict and we could have campaigns that do not overlap with other jurisdictions. I am quite concerned about the economic ramifications, as we have investment decisions as well as a number of different budgetary items that could actually be turned over because a government decides to pull the plug earlier, or because there is some type of game being played that then changes things quite dramatically.

I would suggest that in the interim, if we are not ready to go to the first step, we could introduce types of windows or opportunities and limit when the PMO actually in a sense creates non-confidence. Then Canadians and parliamentarians could understand exactly how and when elections can be created on other than a personal whim.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 6:15 p.m.

Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans

Mr. Speaker, I have just a quick question. I do appreciate the comments of my hon. colleague. On his comments relating to floor crossing and how that should be prohibited and so on, I understand that. In fact, many parliamentarians do have some sympathy for that point of view.

I wonder what the member's take might be on a possible scenario, a scenario that actually was demonstrated in his own party in the past Parliament. What does he think about the situation in which a member of Parliament wants to vote with his constituents on a particular issue but that would go against his party's policy? It happened with one of his party's members. If that member then got expelled from the caucus for that action, and if, let us say, it happened at the beginning of one of these fixed term, four-year Parliaments, what is supposed to happen to that member? Does the member sit in limbo for three and a half years, not having a caucus to sit in because he or she is not allowed to cross the floor to another one? I wonder what the solution to that might be.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 6:15 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I would encourage my colleague to actually get the facts correct with regard to that case. There was an individual who, because of our convention, voted with party wishes in the constituency and was not expelled from our caucus. The member sat as a New Democrat for the continuation of Parliament and then subsequently lost her nomination. She is a very close personal friend of mine. I actually received encouragement from her because of her work as transportation critic, a role she held with the party. The reality is that this never happened in that context or form.

It is very interesting to hear that type of misinformation, because it is not the truth. The truth of the matter is that the individual lost a nomination. The individual sat in this chamber as a New Democrat and with caucus. I would suggest, once again, that everyone in the House has the decision to vote with his or her conscience and probably does so every day, and we encourage all members to do so.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 6:20 p.m.

Whitby—Oshawa Ontario

Conservative

Jim Flaherty ConservativeMinister of Finance

Mr. Speaker, I am pleased to be taking part in the debate about the Federal Accountability Act.

On January 23, Canadians from coast to coast voted for a new Conservative government. They did this for several reasons. They wanted change because they were tired of scandals, mismanagement of their hard-earned tax dollars and of government not delivering on its promises. They voted for a new government which would replace a culture of entitlement with one of accountability.

I cannot help noting the release a week or so ago of the report by the arbitrator, retired Justice Adams, about Mr. Dingwall's case. The government of the day said in this place that his leaving his post at the Mint was voluntary. The independent arbitrator, the retired justice, said in his report that it was clearly involuntary.

It is the notion of being entitled to one's entitlements that Canadians want changed. They want a government that will now put the interests of the country ahead of the interests of a privileged few. This is an exciting chapter in our country's history. Canada's Conservative government is turning over a new leaf. We trust in the Canadian people and our goal is that Canadians will once again trust in their federal government.

Our government has promised to deliver on five key priorities: reducing the GST from 7% to 6% and then to 5% over the course of our mandate, and I look forward to delivering the budget on Tuesday in this place; cracking down on gun, gang and drug crime; giving parents a choice in child care with the $1,200 allowance, and by providing tax credits to employers who cover the full cost of creating child care spaces; working with the provinces and territories to establish a patient wait times guarantee in health care; and restoring trust and accountability to government with this bill, the federal accountability act.

Accountability is the foundation on which Canada's system of responsible government rests. An accountable government assures Parliament and Canadians that their government is using public resources efficiently, effectively and honestly. It also promotes ethical practices, since actions undertaken by the government must be motivated by the public interest and carried out in accordance with legislation and policy.

Accountability means that those who manage public resources must be prepared to report openly on results achieved. A high degree of transparency makes government more accountable and is vital to the effective and meaningful participation of citizens and organizations in developing sound public policy.

Canadians expect politicians and public servants to adhere to the highest ethical standards.

Recent political scandals, notably those concerning government sponsorship and advertising activities, have contributed to a further erosion of Canadians' trust and confidence in their government. They have brought issues of accountability, transparency and integrity to the forefront of public discussion and debate.

On November 4, 2005 when he first introduced the federal accountability act to Canadians as leader of the official opposition, the Prime Minister gave his word that if elected, our first priority would be to clean up government by introducing and passing the act. The Prime Minister committed that this act would be the first piece of legislation presented to the Parliament of Canada, which it is.

On April 11 the President of the Treasury Board did just that. He tabled Canada's first federal accountability act, the toughest anti-corruption legislation in Canadian history.

With this act the government is creating a new culture of accountability that will forever change the way business is done in Ottawa. We are holding government to a new standard never contemplated before. We will restore the principle that government should serve the public interest of all Canadians, not the personal interest of its members, nor the political interests of the party in power.

We will also restore Canadians' faith in our public institutions by making them more accountable and effective. The federal accountability act will enable Canadians to once again have faith in the integrity of the political process. With this legislation, our government will tighten the laws around political financing and lobbying.

We will ensure government is more accountable by eliminating the undue influence of big money donors, banning large personal and corporate donations to political parties, toughening the rules surrounding government lobbying, providing real protection to whistleblowers, ensuring government contracting is proper, fair and open, improving access to information, making the federal government more transparent and accountable by increasing the power of independent officers of Parliament, such as the Auditor General, and ensuring truth in budgeting.

Every day, Canadians in my riding of Whitby—Oshawa and across this country leave their homes and their families to go to work and earn a living. They work hard and they work long so that they can provide not only for themselves, but also for the people they love and who depend on them. The government is obligated to treat the tax dollars from hard-working Canadians with respect, to manage their money prudently and to give its citizens the opportunity to see where it is being invested.

The money that the government spends and manages does not belong to the government, but to Canadian taxpayers, who work hard to earn that money.

Most of my hon. colleagues are likely aware that under the previous government, federal spending jumped by almost 15% in one year. That is more than six times the rate of inflation. As the Prime Minister concluded, that kind of spending is simply unsustainable. We must do a better job of controlling government spending and making every dollar count.

We must also do a better job of budgeting and forecasting. Canadians deserve to know the true state of their economy and to live within a budget which is based on accurate, open and honest figures. We must put an end once and for all to the previous government's habit of getting it wrong. Governments cannot be held to account if Parliament and Canadians do not know the real state of public finances.

For example, in the spring of 2004, the Liberal government told Canadians that the 2003-04 surplus would be only $1.9 billion. It was in fact $9.1 billion. As the Prime Minister likes to say, it was a case of fiscal dyslexia. In the 2005 budget, the Liberal government estimated the 2005-06 surplus to be $4 billion. In the economic update only nine months later, the estimate had ballooned to $13.4 billion.

The International Monetary Fund has pointed out that the Liberal government consistently underestimated its budget surpluses for the past 10 years and suggested that Canada is the only country that shows such consistent errors. The IMF stated that Canada's federal government was the only one among the group of 11 countries studied, including all of our sister and brother countries in the G-7, that both underestimated revenues and overestimated spending every year since 1995. This cannot continue.

That is why with the federal accountability act we will expand the mandate and resources of the non-partisan Library of Parliament by establishing within it the first ever position of parliamentary budget officer. The officer will have the mandate to provide analysis to the Senate and the House of Commons concerning the state of the nation's finances and trends in the national economy, to undertake economic and fiscal research for the Standing Committee on Finance, the Standing Committee on Public Accounts, the Senate Standing Committee on National Finance on the request of these committees, and estimate the cost of proposals currently or prospectively under consideration in either House when asked to do so by a member, a committee of the Senate or House of Commons, or a committee of both Houses. As well, instead of providing fiscal forecast updates once each fall, our government will provide them quarterly.

These measures will increase transparency in the government's fiscal planning framework and enable Parliament to better hold government to account. Our purpose, our commitment in all of this, is to make government more accountable, disciplined and effective. I look forward to the budget speech on Tuesday when I hope I can assist in moving forward that agenda of accountability, discipline and effective government.

Federal Accountability ActGovernment Orders

April 26th, 2006 / 6:30 p.m.

The Acting Speaker Andrew Scheer

The minister will have some time for questions and comments the next time this bill comes up for debate.

It being 6:31 p.m., the House stands adjourned until 10 a.m. tomorrow, pursuant to Standing Order 24(1).

(The House adjourned at 6:30 p.m.)

The House resumed from April 26 consideration of the motion that Bill C-2, an act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability, be read the second time and referred to a committee.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 10:20 a.m.

Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am very pleased to rise in the House today and continue this debate on accountability.

I also want to take this opportunity, as it is the first chance I have had to speak in the House after the election, to thank the constituents of York West for their overwhelming endorsement. It was an interesting election. I increased rather than decreased my vote and I want to thank my constituents for that. I am very proud of that fact. It is a great privilege to be a member of Parliament for the riding of York West. I intend to continue to be an effective member and a strong voice, even if it is in opposition, and to work with all colleagues in the House to ensure that our country continues to grow strong and move forward.

My constituents and I certainly welcome any initiative to improve accountability in the government. In fact, this new accountability act is nothing more than a continuation of the groundbreaking work done by my government, the previous Liberal government. It was the government of the right hon. member for LaSalle—Émard that took the courageous step of appointing the independent Gomery commission, which acted very decisively to change the culture of government.

It was my government that reviewed the responsibilities and accountabilities of ministers, senior officials, public servants and employees of crown corporations and brought in a wide variety of concrete measures that were adopted to increase oversight in crown corporations and in audit functions, which have been strengthened across the board.

From his first day in office, our former prime minister reformed government in many ways so that everyone in the public service will be held to account. It was the Liberal government that re-established the office of the Comptroller General of Canada. It was the Liberal government that strengthened ethical guidelines for ministers and other public office holders and established an independent Ethics Commissioner. It was the Liberal government that introduced a new publicly posted recusal process for all members of cabinet, including the prime minister. It was the Liberal government that put forward legislation to encourage whistleblowers and to give them the protection they needed from reprisal.

In February 2004 our Liberal government put forward an action plan on democratic reform to strengthen the role of parliamentarians in many ways, including implementing a three line voting system to allow for more free votes in the House and referring more bills to House committees before second reading so that committees have greater influence in shaping government legislation. That was a very important move in order to allow all of us as parliamentarians to participate fully in making sure that legislation is created to reflect the views of Canadians.

We have also pushed for the establishment of a committee of parliamentarians on national security.

It was the Liberal government that strengthened audit practices in the public sector through a comprehensive initiative that included the policy on internal audit and an initiative to strengthen and further professionalize the internal audit function throughout all of government through higher professional standards, recruitment of additional skilled professionals, training, and assessment.

As we go through all this process, we must recognize that our civil servants who work for the Government of Canada are some of the best in the world. We should be very proud of them and their commitment not only to us but to Canadians in general.

In 2004 the Liberal government delivered on a commitment to proactive disclosure. Since 2004, all travel and hospitality expenses of ministers, ministers of state, parliamentary secretaries, their political staff and other senior government officials have been posted online on a quarterly basis. That is accountability, without question, when all of those expenses are posted for anybody in Canada or abroad to see what kinds of expenses are being incurred and whether taxpayers' money is being spent appropriately. When we talk about accountability, I think those were huge steps forward.

Government contracts worth more than $10,000 are now disclosed publicly and posted online, another act of the Liberal Government of Canada.

My government embraced transparency in key appointments.

Through the government's action plan for democratic reform, parliamentary committees were empowered to review the appointments of the heads of crown corporations.

My government brought increased transparency to the selection of Supreme Court justices. It made a lot of changes when talking about transparency.

In March 2004, while I was the Minister of Citizenship and Immigration, and along with a lot of my other colleagues in cabinet, I introduced fundamental reforms to the appointment process for Immigration and Refugee Board of Canada members. These reforms improved the processes to ensure the quality and effectiveness of decisions made by the IRB and responded to the increasingly complex environment of the board, as did many other reforms made by my other cabinet colleagues in their portfolios.

Under the new process, the chairperson of the IRB is fully accountable for the selection and quality of the IRB decision makers. The new independent, transparent and merit-based selection process ensures that only the highest quality candidates are considered for appointment in that particular portfolio. The qualifications of candidates are measured against a new strengthened standard of competence to ensure that skills, abilities and personal suitability are the basis for appointments. I hope that continues under the new Conservative government.

My government also committed to expanding access to information. The Access to Information Act was extended to 10 key crown corporations that were previously exempt. It also presented a discussion paper to Parliament which proposed, among other measures, that the Access to Information Act be expanded to several federal institutions that are currently exempt.

My government was the first to seriously limit both individual and corporate political contributions as well as third party election spending. Bill C-24 was enacted in June 2003 and came into effect on January 1, 2004, representing the most significant reform to Canada's electoral and campaign finance laws since 1974. It affected contribution limits, those eligible to make contributions, public funding of political parties, spending limits for nomination contestants, and disclosure of financial information by riding associations, nomination contestants and leadership candidates.

I am pleased with most of the content of the legislation before us as it is a continuation of the Liberal government's 10 years of work on this file to increase full accountability and transparency in government. I do, however, have some concerns about the proposed bill, specifically regarding what is missing from it.

The bill does not strengthen the access to information regulations as I had hoped it would and I hope that there will be amendments to do just that. I am also troubled that the legislation before us restricts individual contributions to political parties and does nothing to reduce third party election spending. It is an area that still needs work to be done and I would expect that we would work together on amendments to ensure that it gets done.

This legislation would actually strengthen the third party influence in Canadian democracy and it seems like a deliberate exclusion. I would certainly hope that it is not the case. I also understand that there will be some amendments coming forth from the government regarding the lobbyist portion as it is already creating problems for people.

Canadians must have faith in the integrity of government and in the people who administer it. My government worked very hard to be accountable to the citizens of this great country. I am committed to support measures, as many of us are in the House, to enhance our prior work of building accountability, transparency and the public trust.

I look forward to being part of this discussion and debate.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 10:30 a.m.

Bloc

Yvan Loubier Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I am pleased to speak on the subject of this bill.

I would like to congratulate my colleague from Papineau, who seeks to correct the French title of the bill because the use of the word “imputabilité” is not correct in this context according to the Office québécois de la langue française. We should use the word "responsabilité" instead.

That said, my party and I expected a lot from this accountability bill, particularly with respect to the independent budget forecaster, referred to in the bill as the Parliamentary Budget Officer, and to the transparency of foundations. I will address these two points over the next few minutes. I find the bill very disappointing in many ways, including its wording, and especially in its treatment of these two issues.

With respect to the Parliamentary Budget Officer, we expected that once the Conservatives came into power, they would have something substantial to offer. After all, they have been preaching for years in support of the Bloc Québécois' demands for transparent figures—real numbers—in, for example, budget and surplus forecasts. One need only study the mandate and powers of the Parliamentary Budget Officer to see that the position has no real power. So we are back to square one.

Allow me to offer a historical profile, since 1997-98, at least, of parliamentary activity regarding budget forecasts.

When the Liberals were in power, the Prime Minister, a former finance minister and an hon. member of this House, would present us every year with data that had no relation to reality. Every year he forecast zero surpluses, even though the surpluses accumulating from month to month indicated that we were heading for figures well above zero. So we were told nonsense for years and years, to the point that, starting in 1997-98, when we saw the Liberals presenting us with figures totally devoid of sense and contrary to reality, we in the Bloc Québécois decided to form a small team and do our own surplus projections.

Mr. Speaker, you have been in this House for years, and you were a witness to this: we managed to come up with surplus forecasts that were within 3% or 4% of the actual numbers. With a small team and a pocket calculator bought on sale for $2.98, we managed to make accurate forecasts which reflected the real situation. But year after year, this charade continued.

I was listening to my Liberal colleague earlier. I was totally flabbergasted to hear him speak of transparency, when the Liberals were in power for 13 years and showed no transparency at all.

We know what happened with the sponsorship scandal, but even with these forecasts, when the Liberals were making these meaningless forecasts, they were trampling on basic democratic principles. For the people to be able to form an opinion on the intelligence of a government, or its ability to meet their needs, they need to be presented with the real picture of public finances. Otherwise they will say, it may be true that the government does not have the resources to meet the needs of the most disadvantaged persons in society; to invest in social housing; or to reform the employment insurance program so that it does not exclude 60% of workers, as it now does thanks to the Liberals. But the figures were completely opposite to reality. There were forecast errors in the neighbourhood of 300%. And year after year, surpluses of $12 billion to $14 billion were accumulating. At fiscal year-end, there was no provision for the redistribution of this money, to help the most disadvantaged of society and to lighten the tax burden. What is more, these unexpected surpluses, these surpluses juggled and fiddled by the Liberals, were, in large part, allocated to paying down the debt.

The Bloc Québécois led a battle with the Conservatives at its side, and even with the cooperation, in the Standing Committee on Finance, of Mr. Penson, a veteran member who has left this House, and the current Minister of Citizenship and Immigration, who was a worthy representative of his party on that committee. That battle was to get an independent forecast office, one that would give us figures that looked right, that were meaningful, and that reflected the real situation.

They even supported two Bloc Québécois motions to create an independent office of budgetary estimates. They went so far as to introduce another motion spelling out the mandate of this office. They supported a second Bloc motion. This one proposed that, while we waited for this office to be set up, four independent forecasters should be hired, one per party, who would provide figures that made sense, rather than the far-fetched figures of the Liberal government.

In this bill, the position of parliamentary budget officer is an empty shell. This person reports to the Library of Parliament. He is not given the power to access essential information. We are not speaking here about the information on individual citizens held by the Canada Revenue Agency but about aggregate data. He does not have access, either, to information from the Department of Finance. This was exactly the problem that we faced. I thought that the Conservatives were going to improve the situation, but no, this bill does not make it any better.

The greatest obstacle we faced in getting accurate forecasts, even when we hired forecasters who were independent of the government, was access to information. Senior officials in the finance department told us that they did not have time to deal with this because they were tied up with other tasks, such as the budget. Or else they just cavalierly told us that we could not have this information because the minister did not permit them to provide it to forecasters. So that was the situation we faced.

Even when the new position of parliamentary budget officer is created, we will still have the same problem. How can the parliamentary budget officer arrive at accurate, sensible figures when he does not have access to this information?

In addition, the budget officer should report to Parliament. He should basically have the same powers—although perhaps not the same budget—as the Auditor General, that is to say, the ability to get all the information he needs to provide real figures to the people of Canada. The budget officer is not vested with this mandate. He will not have the tools he needs to provide us with forecasts. We will be obliged to continue making these forecasts ourselves every year and making them as accurate as possible, as the Bloc Québécois has always done.

At times I see a dichotomy between what the Conservative government says and the facts. We can see it in this bill, where transparency and compliance with the fundamental principles of democracy are not part of the game plan. We also noted it during oral question period yesterday and the day before, when we simply asked the Minister of Finance if it were true they had created five foundations before March 31 in which to deposit $1.3 billion in order to meet social housing, transportation and other needs. The minister did not deign to reply. Is that transparency? He told us to wait for the budget. But it has nothing to do with the upcoming budget. It concerns the previous budget, money allocated in the previous fiscal year. So there is a gap between what the government says and the facts of the matter.

I will cite a second example of the lack of transparency in the bill. It concerns the foundations. Why did the government resort to dirty tricks in its efforts to explain why it had decided to make only three foundations of nine subject to the Access to Information Act? The three foundations in question are the Canadian Millennium Foundation, the Canada Foundation for Innovation and the Canada Foundation for Sustainable Development Technology. Why permit public scrutiny through the Access to Information Act of these three only and not the other six as well?

There is $2 billion in the coffers of the other six. Under this bill, they will continue to be outside public scrutiny and debate in the House. Parliamentarians will not be able to follow what is happening in these foundations because the government has decided to continue to hide them from public scrutiny.

I would like someone to explain why this bill does not apply to all of the foundations. Why keep $2 billion of taxpayers' money from vital public scrutiny? I am waiting for an answer from the government.

As I wait, I can assure this House that we will introduce amendments in order to improve this bill, which is disappointing in some respects.

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April 27th, 2006 / 10:40 a.m.

Liberal

Roy Cullen Liberal Etobicoke North, ON

Mr. Speaker, I listened carefully to what the member for Saint-Hyacinthe—Bagot had to say. He continues to claim that with his laptop computer he can calculate financial estimates better than the best economists in Canada and the experts at the federal finance department. I continue to be amazed.

Is the member for Saint-Hyacinthe--Bagot happy with the direction the Conservative government is taking in terms of Americanizing Canadian public policy? We have seen that in many respects. We have seen it with respect to the way the Conservatives are treating the fallen soldiers who have come back from Afghanistan. We have seen it with respect to the throne speech in the Senate chamber where they selected a number of people, just like they do in the state of the union address when the president speaks to the American people. We have seen it now when they are calling for a public prosecutor just like Prosecutor Starr in the United States. I do not know if the member has ever had the chance to read the autobiography of Bill Clinton where he spells out and describes the terrible venom that this prosecutor had for Bill Clinton and followed him day in and day out on the Whitewater case. Now we have the government talking about a budget office of Parliament, another Americanization of public policy in Canada.

I wonder if the member for Saint-Hyacinthe--Bagot would comment on that, please.

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April 27th, 2006 / 10:40 a.m.

Bloc

Yvan Loubier Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I thank my colleague for his remarks. I can tell him right off that I am very happy that the Liberals are in opposition. That is a great source of pleasure for me.

But I am sad to see my colleague's attitude, even after all these years, even though he was part of the Standing Committee on Finance. He saw the forecasting the Bloc Québécois did. The forecasts were all made public, a year before the end of the fiscal year. With one exception—because the Liberals were so secretive that it was impossible to find any information—our estimates always came within 3% of the actual surplus. We used a calculator that I presented to the former finance minister. He rejected the gift out of hand, even though I was just trying to help him count properly so that he could come up with an accurate estimate of the surplus.

So if the hon. member wants to check, he should look at media reports since 1997-98. He will see that our forecasts were accurate. They brought clarity where his government did not. His government confused people and duped them for years, making them think that the government could not help the unemployed, the sick and students. His government cut federal transfers at their expense because it said it did not have the money.

We made a positive contribution. We fought a battle that landed the Liberals in opposition, and we are very proud of that.

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April 27th, 2006 / 10:40 a.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, the member will know that when the previous government took office it inherited an annual deficit of $42 billion and that by the time we balanced the budget in 1997 and with the surpluses that were accumulated since then, the national debt actually is at the same level as it was back in 1993, approximately $500 billion. It does not show that there are grave problems. However we do have to pay down debt.

About two fiscal years ago, when the surplus was $9.1 billion, which was quite a bit higher than was forecast, all the economic forecasters did not foresee the fourth quarter revenue increases on the corporate sector. Does the member agree that there are circumstances which cannot possibly be anticipated and that, in fact, large surpluses can occur without any unintended information from government or committees?

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April 27th, 2006 / 10:45 a.m.

Bloc

Yvan Loubier Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, as an economist I have made projections. We cannot predict that the Earth will stop turning no more than we can predict natural disasters. However, with the information available to us at any given time, we can make projections within a margin of error of roughly 3% or 4%. When consulting firms hire economic forecasters who make projections with a margin of error of 300%—like the former finance minister did—they let them go. Yet, since 1997-98, that is what the Liberals did.

Talking about the deficit, I want to remind my colleague that the first major deficit created here in this Parliament was the fruit of the former Prime Minister of Canada, Jean Chrétien, who was finance minister at the time. Therefore he does not have any lessons to give to anyone on the matter, least of all to his party, the Liberal Party of Canada.

There is a way to streamline operations and clean up public finances. The Liberals chose to go after the poorest members of society, to attack the sick, to attack students, to cut essential transfers to the provinces and to the Government of Quebec. Accordingly, after 13 years of Liberal government, the situation seriously deteriorated.

Because the fiscal imbalance was not acknowledged and we were given the run around on the issue--the term fiscal imbalance was not even uttered--some situations became disastrous, like the situation in post-secondary education. Colleges and universities in Quebec and the rest of Canada are being crushed under the weight of these budget cutbacks. We have to make up for lost time.

I hope this government will not make the same mistake and that in its upcoming budget the priority will be on post-secondary education. We cannot go on like this and say that education is the future, without providing money for it.

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April 27th, 2006 / 10:45 a.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, my belated congratulations to you on your election as Deputy Speaker of the House. As you are the senior statesman in this House, it is a well-deserved honour.

As this is my first formal speech in the House and I want to direct a significant portion of my time to the residents of Abbotsford, the people who elected me and trusted me to represent their interests in this chamber. I am honoured to have been chosen by them to reflect their values and aspirations in this 39th Parliament.

My roots are firmly planted in Abbotsford. For the past 24 years my wife, Annette, and I have raised a wonderful family, built a thriving law practice and nourished many very special friendships, and Abbotsford has become our home. It has blessed us much more than we could ever repay and for that we are truly grateful.

I follow a handful of others that have walked these halls and who have come from my community, for example, Alex Patterson, Robert Wenman, Ross Belsher and, of course, the person who preceded me in this position, the irrepressible Randy White. I particularly mention those individuals because each of them in their own way articulated the conservative values that have for decades sustained Abbotsford, values such as hard work, family, respect for the law, accountability, fairness and caring for others, values which my government warmly embraces.

Let me introduce all members to Abbotsford and in so doing I hope to tell them why my community strongly supports the federal accountability act. Abbotsford is nestled in the heart of the Fraser Valley of B.C., framed by the Fraser River on the one side and by the shadow of majestic Mount Baker on the other, just a stone's throw from Vancouver. It is governed by our 81 year old mayor, George Ferguson, who is completing his thirty-first year in office. Members heard me correctly, that is 31 years as mayor of our community.

Abbotsford is among the most dynamic communities in Canada. With the fastest growing economy in the country last year and the largest farm gate revenues in B.C, we are certainly the destination of choice for many Canadians. Abbotsford is also the home of three Canadian Idol finalists, a professional symphony, Olympic silver medallist Alana Kraus and Canada's most decorated Paralympic athlete, Eugene Reimer.

My city is also a community of volunteers distinguished by its generosity. In fact, Statistics Canada recently reported that when it comes to donating to charity, Abbotsford is, by far and away, the most generous community in the country. It will thus come as no surprise to members that I speak with pride about my community of Abbotsford.

Nevertheless, Abbotsford is not without its own challenges. As I mentioned earlier, farming continues to be the heart and soul of our community and remains our number one industry. Many of our farmers are now facing labour shortages during harvest season with no relief in sight. Other farmers in Abbotsford worry about unfair trade barriers abroad and the impact international trade pressures will have on their livelihoods.

Perhaps the most compelling story is the avian flu disaster which has devastated the poultry and egg industry in my community. We have borne the full brunt of that crisis. In fact, some of my constituents face the loss of their family farms due to the inadequate compensation payable under the CAIS program. These are all concerns which my community needs addressed and I know the government will address.

Abbotsford has other challenges as well. The problems of the big city also affect us. Criminal and gang activity is on the increase. Marijuana grow-ops and crystal meth labs have become more common. Homelessness, family breakups and substance abuse are no longer strangers in Abbotsford. And, of course, seniors and working families are finding it increasingly difficult to cope under the heavy burden of taxes from all levels of government.

That is exactly why I am filled with great optimism over what we, collectively, as the 39th Parliament of Canada, can achieve in this session. Our government's initial five point plan is focused on strengthening families across Canada and addressing many of the critical failings within our society.

Our child care policy will benefit all young children, not just the 16% who use institutional day care. Our wait times guarantee will strengthen our publicly funded health care system. We will impose mandatory minimum sentences on drug traffickers and violent and repeat offenders. A 1% and then a 2% reduction in the GST will provide relief for all Canadians, not just a select few. Finally, the very cornerstone of everything we hope to accomplish for Canadians, is the federal accountability act.

Those are the five major commitments, which we made during the last election, and our tabling of the federal accountability act moves us one step closer to fulfilling those commitments.

There is, however, one great challenge facing Abbotsford and all communities across this country, and that is the quality of our environment. It is in that context that I would like to relate to the House an event that has forever changed the character of my city. In so doing, I hope to provide a springboard for further discussions on accountability.

In 1997 a number of our residents caught wind of a proposal by Sumas Energy, a well-heeled power company, to construct a power plant immediately adjacent to our community. Conveniently it was to be built on the American side of the border. The plant would have spewed millions of tonnes of poisons into our sensitive air shed every year. The profits and the power would have gone to users south of the border, but almost all of the pollution would have been borne by Canadians.

Never before has my community rallied behind a cause as it did against SE2 power plant. People from all stations of life, from all faiths and from all political stripes put aside their differences and spoke out with one voice. Together we fought the proposal on both sides of the border. We were told that it was a battle we could not under any circumstances win, yet soldier on we did, suffering a number of setbacks along the way.

It was under the visionary leadership of people like John Vissers, Patricia Ross, Mary Reeves and thousands of others in our community and region that we took the battle to the National Energy Board and eventually to the Federal Court of Canada and amazingly, against all odds, we actually won. In the process we established new legal precedents in the area of environmental stewardship.

That struggle and that monumental victory for my city have come to define the character of my community, the city of Abbotsford.

Why do I give this snapshot glimpse into the life of my community? My purpose is twofold.

First, it is to highlight the fact that our successful struggle against SE2 reinforces the fact that there is very little, if anything, that can prevail against the power of people coming together in a common cause, putting aside their differences and focusing on building a better a community. It is my hope that others will take courage from our experience and apply it in their own communities.

My second purpose, however, is to challenge the members of the House to use Abbotsford's experience with SE2 to clean up not only our environment, but the ethical mess that was left behind by the previous government.

The residents of Abbotsford have become quite disillusioned with the culture of entitlement, which has paralyzed our federal government for over a decade. Corruption, scandal and mismanagement are certainly not Abbotsford's values and, quite frankly, I know they are not Canadian values. Without a clear ethical framework for those who work in, for and with government, Canada cannot be a leader among the nations of the world.

Sadly, over the last decade, Canada has achieved distinction not as a lighthouse for responsible government, but as an example of how even great democracies such as ours can be hijacked by the selfish and the greedy. That is why I can say with great confidence that the residents of Abbotsford strongly support the federal accountability act.

It will take great courage. It will involve significant political risks by all of us in the House, but those are risks that Canadians are asking us to take, and take them we will.

Our accountability legislation addresses everything from strengthening the role of the Ethics Commissioner to banning secret political donations, tougher lobbyist restrictions, truth in budgeting, protection of whistleblowers and so on.

Since 1993 the message from Abbotsford has always been the same. We wanted real change. It is my hope that, as with our battle against SE2, members of the House will set aside partisan differences and heed the call from ordinary Canadians to support the federal accountability act. My community demands it; Canadians demand it.

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April 27th, 2006 / 10:55 a.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

Mr. Speaker, first, we welcome our new member to the House. I was impressed by his first speech until the last few minutes. In his introduction he brought the attention of our House and of our nation that Abbotsford is a very fast growing community. With that, we note the affluence and so forth, but in his speech he referred to certain problems in Abbotsford.

With that, I am disappointed that his coloured glasses do not reflect on the true situation in our country. We are very proud as Canadians of the civil service, the public servants in our country. I believe, and I think most people in the House concur, that they have worked very well for Canadians over the past generations and in fact since our country began.

Would the hon. member briefly comment on this? I am disappointed to hear of the crime in Abbotsford, the grow ops and it crystal meth problems. Could he perhaps reflect to the House some further information on how Abbotsford is dealing with this and if we, as a nation, can work with Abbotsford to see that these problems are corrected across the country?

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April 27th, 2006 / 10:55 a.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, we are discussing the federal accountability act. It is difficult to get into all the different problems that beset communities across this nation.

I do know that we, as a party, support our civil servants. What Canadians judged on January 23 was not the civil servants. It was the elected officials who were in government for the last 13 years. That is the statement Canadians made.

We have brought forward an accountability act that covers over 250 pages. It is comprehensive and probably the most sweeping accountability and ethical legislation that our country has ever seen.

I would encourage the member opposite to focus in on what we are trying to accomplish here, which is to restore accountability to government. We will have time to discuss some of the other issues such as crime and drug use. Those issues will be coming up, but in this forum right now, we are discussing accountability. It was sadly lacking for 13 years, but I am pleased to report that our government has a plan for real change.