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 27th, 2006 / 3:30 p.m.

Conservative

Gord Brown Conservative Leeds—Grenville, ON

Mr. Speaker, I am pleased to talk about some of the aspects of our new government's accountability bill. Before I begin, I want to say how proud I am that Canadians chose our government to turn over a new leaf and make government work for the people instead of the other way around.

Hard-working people in my riding of Leeds--Grenville have been concerned for many years about the direction being taken by the federal government. They saw that the country needed change and they voted for that change in 2004. In January of this year they welcomed the news that the rest of Canada, in many other ridings, recognized the same problems that they had recognized for many years.

The federal accountability bill is about fixing a system that the people of Leeds--Grenville knew was broken. It is part of the response that the people in my riding expected from their new government and I know that they stand behind it.

The bill is about strengthening and streamlining how government works, and to the joy of the people of Leeds--Grenville it is about making government more effective and more accountable. This bill begins to deliver on a promise that we made during the election campaign. The government is taking action to earn back the trust of Canadians.

The bill is about moving from a culture of entitlement to a culture of accountability. It is about making everyone in government, from the Prime Minister on down to elected members of Parliament, answerable to Canadians.

Bill C-2 is about letting Canadians know that their hard earned tax dollars are being spent properly and wisely. There is probably nothing that infuriates the taxpayers of my riding more than the belief that their tax dollars, the money that they work so hard for and then give willingly to the government as their due for living and working in this great country, are being misspent.

Changes for Canadians in the bill include: reducing the opportunity to exert influence with money by banning corporate, union and large personal political contributions; giving Canadians confidence that lobbying is done ethically with a five year lobbying ban on former ministers, their aids and senior public servants; by ensuring people who see problems in government are allowed to speak up by providing real protection for whistleblowers; and by ensuring Canadians know how their money is spent by enhancing the powers of the Auditor General to follow the money trail.

The government's proposals are not just being laid out like a skeleton on a table to be picked at and rearranged. I am pleased to see that my colleague, the President of the Treasury Board, put some meat on the bones when he tabled this bill by including an action plan that gives clear explanations and clear directions.

I mentioned earlier that nothing infuriates people in my riding more than not knowing what is happening with their tax dollars. Over the past number of years they have been as concerned as many others in this country about the amount of taxes that they pay compared with the federal surplus, which is large and growing. They have been most concerned by the federal government's practice of not being clear about the size of that surplus or what was being done with the money.

One of the keys to the federal accountability bill is the truth in budgeting provision and I want to spend the rest of my time talking about that aspect of the legislation.

Improving the transparency and credibility of the government's fiscal forecasting and budget planning process will help make it more accountable to Parliament and Canadians. No longer will the people in my riding pick up a newspaper one month and find that there is a $1.9 billion surplus and then a few months later turn around and find it was $9.1 billion. That is great that we had more money; however, we need to have truth in knowing how much money we have in order to make proper plans on how those tax dollars will be spent.

Truth in budgeting is very important for all parliamentarians and all Canadians. Parliamentary committees must have access to independent and objective analysis and advice on economic and fiscal issues. Committee members cannot review their committee estimates and listen to witnesses and make valuable judgments if they do not have accurate information about all the aspects, including budgetary information.

The federal accountability bill would expand the mandate and resources of the non-partisan Library of Parliament by establishing within it the position of parliamentary budget officer. It would give this officer the mandate to provide objective analysis to the Senate and to the House of Commons concerning the state of the nation's finances and trends in the national economy.

We will undertake economic and fiscal research for the Standing Committee on Finance, the Standing Committee on Public Accounts or the Senate Standing Committee on National Finance. On the request of these committees, we will 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 the House of Commons, or a committee of both houses. We will also require departments and agencies to provide the officer with any existing data necessary to fulfill his or her mandate.

I know the people of Leeds—Grenville are applauding. They are applauding these changes that will increase transparency in the government's fiscal planning process and will enable Parliament to better hold government to account. I am pleased to be here today to voice my support not only for this specific area of the federal accountability bill but for the entire bill.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:35 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, firms that lobby under this accountability bill can still apply for government contracts. There is something wrong with this picture. Former public office holders can still go and work for lobbying firms as long as they are not registered lobbyists. There is also something wrong with this picture.

What I do not understand is, if we are talking about an accountable government, citizens need to know what the government is doing. If they do not know what the government is doing and they do not know where the money is going, they cannot get to the bottom of it. How could they hold the government accountable?

Ultimately, the most important piece in a very clean, transparent and democratic government is the right of the people to access information. That is the core of it. What I do not understand is how the Conservative government is starting to act like the former Liberal government. It has studied the whole question of access to information for 13 years and has not done anything.

The new government has said it wants change and it wants to stand up for Canadians. If that is the case, let me ask one question. Which is more important? The right of Canadians to know or the government's right to keep the information secret. What is more important? Is the right of Canadians to know more important? Or, is it the government's right to keep--

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:40 p.m.

The Acting Speaker Andrew Scheer

The hon. member for Leeds—Grenville.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:40 p.m.

Conservative

Gord Brown Conservative Leeds—Grenville, ON

Mr. Speaker, the fact is that for so many years it was who one knew in the PMO. That is why the government is bringing forth this bill as the first act of this new Parliament to clean up government.

Canadians have been asking this for so long. As I said in my presentation, in 2004 the people of my riding of Leeds--Grenville voted for that change and they are so happy that now this government is now in place to bring the bill forward. This will go a long way toward cleaning up government and Canadians are behind it.

I urge the hon. member to get behind the bill, so that we can get it through Parliament as quickly as possible and clean up government. Canadians will once again have confidence in their country and their government.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:40 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, there are a number of examples of where things are happening, like the appointment of Gwyn Morgan, who is a Conservative fundraiser, as the appointments commissioner and the transition secretary who has now gone to a lobby firm and is registered but is not going to be subject to this legislation. The government is doing all of this in advance of passage of this bill.

I have a sincere question. It has to do with political donations. In terms of adjusting the amount of donations, I am not sure of what is meant by a secret donation? I understand a donation to be something that is ordinarily receiptable, but what is a secret donation? I would like to understand what we are voting on.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:40 p.m.

Conservative

Gord Brown Conservative Leeds—Grenville, ON

Mr. Speaker, there is a reason that we had a Gomery inquiry. We are debating this bill today because secret political contributions were made and documented in the province of Quebec. Brown envelopes bursting with cash were handed over under restaurant tables. The party that was named in the Gomery inquiry is the Liberal Party.

That is what the bill is all about, to put an end to that type of contribution. The bill will ensure that no longer will there be that type of contribution.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:40 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am pleased to rise to speak to Bill C-2. There have been a number of very eloquent speakers from the New Democratic Party caucus, including the member for Trinity—Spadina.

To start, it is important to go back to the 38th Parliament. In a sense, the roots of Bill C-2 come from the constant corruption that was exposed through the course of the 38th Parliament. We sat here throughout 2004 and 2005 and we saw the results of the sponsorship scandal, the reports that Judge Gomery produced and his very clear indication of an ongoing culture of entitlement within the Liberal Party and the Liberal Party administration, something that most Canadians found absolutely reprehensible.

There were repeated scandals, including the David Dingwall scandal and the André Ouellet scandal, consistently and constantly exposed through our work in the House, a variety of misappropriations of Canadians' funds. We have to remember that we in the House are beholden to over 30 million Canadians from coast to coast to coast who want to see honesty and transparency in their government. That is a fundamental tenet at the roots of our democracy.

As the member for Trinity—Spadina mentioned a few minutes ago, we also saw the scandals that are emerging, such as the Toronto Port Authority scandal, something that came to light over the course of the fall. Basically $35 million has disappeared. The transport committee was starting to do its work to expose where that funding went. I am sure the transport committee will be starting its work again in the next week or two to trace that $35 million that was paid out through the Ministry of Transport, through very shoddy means in my opinion, and without the accountability that must come with the use of any public funds.

We saw corrupt event after corrupt event after corrupt event. Things fundamentally needed to change. That is why through the course of the most recent election campaign Canadians decided to elect more Conservative MPs, certainly, but also fundamentally change the composition of the House by electing more New Democratic Party of Canada members of Parliament to come in and to clean up the House of Commons and Parliament so that it is at the level that Canadians expect and at the level that Canadians deserve.

Canadians want to see much more accountability and accessibility and much more honesty and transparency in government operations. They are the ones who pay for our government. They are the ones who deserve the right to have the knowledge of what is happening at all times in our government. What we want to do, and need to do, is eliminate the secrecy and the corruption that has characterized the last few years in Parliament.

Ed Broadbent, a former parliamentarian, the former member for Oshawa and most recently the former member for Ottawa Centre, has been replaced by somebody who is just as good, or even better, which is saying quite a great deal. Mr. Broadbent presented in the 38th Parliament a seven point plan to clean up government, to clean up Parliament and to bring about the government and public administration that Canadians deserve. It is important, when we go back to the issue of Bill C-2, to see how the accountability act actually corresponds to what Mr. Broadbent proposed a few months ago.

Mr. Broadbent talked about the banning of contingency fees for lobbyists. That certainly is in the legislation and is something we strongly support. Also within the legislation and proposed by Mr. Broadbent was the toughening up of lobbyist regulations. However, there are elements missing when we talk about lobbyists, and I will come back to that in a moment.

Mr. Broadbent spoke of strengthening the Ethics Commissioner and certainly there are elements of that which are found in Bill C-2. He talked of improving the appointments process, appointing a parliamentary budget officer and extending the powers of the Auditor General. This is fundamentally important because what we saw over the course of the last Parliament and preceding Parliaments was money being constantly shifted away from the Auditor General's purview.

The Auditor General protects all Canadians by providing that third party independent verification of what is happening with public funds. The Auditor General plays an extremely important role in the life of our public administration and in our Parliament. It was important to extend the powers of the Auditor General. That is what Ed Broadbent proposed in his seven point plan and we are happy to see that element at least within the elements of Bill C-2.

However, there are crucial elements of the Broadbent plan that are missing. It is important to note that what Ed Broadbent did when he brought that forward was he set the bar at the level Canadians expect and at the level Canadians deserve. Anything short of that shows disrespect to the Canadian public. There are elements that were in the Broadbent plan that are not yet within Bill C-2.

I can promise, as can my colleagues in the New Democratic Party, that we are going to fight to make sure that those elements are included to make this accountability act one without holes and one that is truly at the level of Canadians' aspirations.

One of the key components of the Broadbent plan is to ensure that floor crossing without recourse to a byelection would be banned. I come from the riding of Burnaby--New Westminster. We have seen the public reaction in our neighbouring riding of Vancouver Kingsway to the floor crossing that occurred shortly after the election on January 23. People in the lower mainland of British Columbia continue to be outraged by the blatancy of that disrespect to the voters of Vancouver Kingsway.

We cannot have a full accountability act and restore the confidence that Canadians need to have in their parliamentary institutions unless we ensure that their votes count come election campaigns. Their votes can only count in election campaigns if people know that when they vote for that candidate and for that party, that situation will not change unless that individual comes back to the voters in a byelection.

In the case of Vancouver Kingsway, for those who have been in that riding in the past few weeks, literally more than a thousand signs have been placed throughout the riding by individuals who are saying very clearly that this floor crossing has to stop. That was in the Broadbent plan. It is not in this legislation. That is a serious gap, a serious hole in this legislation. We will be fighting to repair that breach in accountability, to repair that hole in the legislation.

There is also the whole issue of access to information reform. The member for Trinity--Spadina referred to that a few minutes ago. There is the issue of the Toronto Port Authority and the scandalous use of $35 million of public funds for a reason that as yet is to be confirmed. There are no receipts, no idea where that money went.

As transport critic for the New Democratic Party, I put forth continued requests for access to information, as did many activists in the Toronto area. What we got was page after page after page of blanked out documents, in some cases 120 pages of papers that had been blanked out. In other words, to try to get to the bottom of that misuse of $35 million, we were completely stymied and stonewalled by the existing Access to Information Act.

The problem is we may extend an act that does not work. It may cover more areas, but all that means is that when Canadians make a request under the Access to Information Act, they will get more pages back that are blanked out in more areas. It does not mean there is any guarantee of actual access to information. This is a serious flaw in the accountability act. In this corner of the House we will be fighting to have a real freedom of information act that actually allows access to information, which Canadians must have to make absolutely sure that Parliament is transparent and honest.

Finally, there is the issue of fixed election dates. Mr. Broadbent referred to this in the Broadbent plan for accountability for Parliament. We need to have election dates that everyone is aware of to end the manipulation around when election dates might occur. Fixed election dates have been a long-standing commitment of our party so Canadians can be comforted in knowing when elections might occur.

There are parts of this legislation we support and parts that we will fight to improve. The New Democratic Party believes this is of fundamental importance in this Parliament.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:50 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I certainly do agree with the member with regard to the Access to Information Act. A number of members of his party and our party had been working on a committee. He may recall that John Bryden, a former member, led an ad hoc committee. The member for Winnipeg Centre reintroduced the Bryden bill as a private member's bill and carried it some way.

I would like the member's comments on a more global question with regard to accountability. The approach by the government to this federal accountability bill is to say it wants the bill delivered back and passed by the summer. At this point we have not had the benefit of expert testimony from the public service or experts from other areas relating to the bill. Many bills are going to be affected by this legislation, such as the Canada Elections Act, the Access to Information Act, the Privacy Act, and the whistleblower act which was passed and given royal assent in the last Parliament but still has not been proclaimed. The Conservatives want to take credit for that once this bill is passed.

It seems to me that to suggest that we can today set a deadline at which time something must be done is almost contemptuous of parliamentarians and restricts our ability to do our job. We do not control what witnesses are going to be necessary and whether or not there is going to be consensus. I wonder if the member would like to comment on the--

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:55 p.m.

The Acting Speaker Andrew Scheer

The hon. member for Burnaby--New Westminster.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:55 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, there are two elements to this. One is the timelines that are set out for this summer. The whole issue of accountability is one of fundamental importance to the Canadian public. It is important that we proceed forthwith to put in place more accountability, to broaden the mandate of the Auditor General, to broaden the whole issue of access and transparency within our public administration. I and my colleagues in the New Democratic Party are certainly willing to work as hard as we can to move the bill forward.

However, we are not prepared to say that there should be no amendments, that there should be no changes, that somehow this is a take it or leave it proposition. With the softwood sell-out that was discussed earlier today in the House, we are seeing that this idea of a take it or leave it proposal is absolutely unacceptable. There are serious flaws in this legislation. We want to work in committee to address these flaws, to fill these holes. To have it done through a special legislative committee that does not allow for amendments would be completely inappropriate.

I share the member's concerns in terms of moving this along, but we have to address the holes and the flaws in the legislation so that Canadians get the kind of legislation they expect and deserve.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:55 p.m.

Bloc

Richard Nadeau Bloc Gatineau, QC

Mr. Speaker, I commend my colleague from British Columbia.

Before asking him my question, I must say that listening to my colleague from the NDP talk about members who cross the floor of the House has got me thinking. For example, Robert Toupin, a Progressive Conservative MP, crossed the floor to join Ed Broadbent in the NDP during Mr. Mulroney's first or second mandate. This begs the question, if it was acceptable at the time then why is it no longer acceptable now. Why put so much emphasis on this if you cannot lead by example? What is more, a former NDP minister from British Columbia is currently a member of the Liberal Party of Canada and a former NDP premier of Ontario wants to become leader of the Liberal Party of Canada.

My question is on clause 44 of the bill, about the information from the public. I find that elected members are being given a very heavy responsibility in having to accept reports of acts of wrongdoing. Hon. members are being asked to judge the reports of wrongdoings by an individual, a member of society. Under the bill, if we deem the report serious enough, we have to take an oath and try to clarify the situation.

I simply want to know whether we could have a system like the one used by the official languages commissioner for example. In that system, the complaint is addressed to the commissioner rather than to an hon. member—

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:55 p.m.

The Acting Speaker Andrew Scheer

I am sorry, but we do have to allow the hon. member for Burnaby—New Westminster time to respond. The member for Burnaby—New Westminster for a brief response.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 3:55 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I want to thank the hon. member for his question.

As far as floor crossers are concerned, the Ethics Commissioner conducted a study on the number of members from each party who have crossed the floor of the House in 100 years and the NDP came in last. We have had six deserters in 100 years. The NDP does lead by example. There are many past examples proving that once a person becomes a new democrat they stay a new democrat. There are always exceptions, but very few in our case.

The hon. member for Gatineau also asked a question about clause 44 of the bill. We share his concerns about some parts of the bill. That is precisely why the NDP feels that—

Federal Accountability ActGovernment Orders

April 27th, 2006 / 4 p.m.

The Acting Speaker Andrew Scheer

Order, please. I apologize for interrupting the hon. member, but it is my duty, pursuant to Standing Order 38, to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Ottawa—Vanier, Culture.

Resuming debate, the hon. member for Crowfoot.

Federal Accountability ActGovernment Orders

April 27th, 2006 / 4 p.m.

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, it is a privilege to stand in the House to speak to Bill C-2, an act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability, otherwise known as the federal accountability act.

Before I begin my remarks, I want to thank the citizens of the federal riding of Crowfoot, Alberta for their confidence shown in me on January 23 when they re-elected me for the third time. I appreciate very much their continued support for the work that I am doing in Ottawa and at home on their behalf.

I am in support of the federal accountability act, Bill C-2. This is the first bill introduced by the new government. It will make profound changes in the way the federal government does business. Bill C-2 would move the federal government toward an open and accountable government and address the government corruption, mismanagement and waste that had been allowed to take root over the past 13 years of Liberal rule.

From the campaign trail to the Speech from the Throne, my colleagues and I in the Conservative Party have pledged to clean up government. The federal accountability act, Bill C-2, marks the beginning of change for which Canadians voted.

As a government, we are committed to doing a number of things, but predominantly we are committed to respecting taxpayer dollars. We are committed to respecting the independent offices of Parliament, like the Auditor General and others, as well as the institutions of Parliament.

The bill contains at least 13 major reforms, major ways that we are going to change the system, and 60 distinct initiatives. It is about 270 pages long. This is a very large piece of legislation that will affect many offices in the Government of Canada. Great attention has been paid to try to ensure that it does not duplicate, overlap or conflict with existing accountability measures.

Canadians are asking, why now? Bill C-2 represents a big change in the way we govern ourselves. Canadians have asked, in the wake of the previous government's difficulties, that the system be changed. The Auditor General reported in 2004 that there was large scale corruption, the loss of $100 million, and that “every rule in the book” had been broken.

Further investigations uncovered the fact that the unethical behaviour had been going on for years in the country's political leadership. The former Liberal government did not stop it. That is why Bill C-2 is here. We are saying that the buck stops here. We asked Canadians to allow us the power to do something about corruption and they gave us the opportunity.

Our first piece of legislation is to lead the way in trying to prevent in the future anyone, any party, any government from engaging in the kind of corruption and scandal that occurred in recent Liberal governments. Canadian taxpayers have simply had enough.

In the hours of debate on the bill so far, I am pleased to see that there appears to be support for Bill C-2. I think the Bloc has shown that it supports it in principle. The NDP member for Winnipeg Centre, a long time member of the public accounts committee, spoke eloquently about the changes proposed in the bill. The Liberals have said that they will support the bill, while they are busy trying to mend their own ways on the other side of the House, and those ways should be amended, we all know. We are here to fix the system, to create systemic change.

Let us look at what Bill C-2 does. Let us look at what we have to do to prevent future corrupt behaviour with taxpayer dollars. Listen to this.

Bill C-2, if passed, will reform financing of political parties. It will ban secret donations. It will strengthen the role of the Ethics Commissioner. It will toughen the lobbyist laws. It will ensure truth in budgeting; $1.9 billion is not the same as $9.1 billion. The list is not finished yet. It will ensure that government appointments are based on merit. It will clean up government contracting, polling and advertising by preventing the government in power from abusing this information for its own political purposes. It will protect whistleblowers. It will strengthen the power of the Auditor General, auditing and accountability systems in departments. It will create a director for public prosecutions. That is quite a long list.

The government is not holding back. The government will deliver what Canadians have asked for and what was committed in the last election.

We need to get the bill to committee. Together we can work on it in detail and ensure it gets the job done once it is passed into law. That is not beyond us. I know there were some recommendations that may be amendments coming from colleagues from the NDP, the Bloc and the Liberals. Let us get it to committee and let us take a look at those amendments. With political will, we can try to have Bill C-2 protect taxpayer dollars from being abused, misused, even lost or stolen.

The bill gives life to countless recommendations made by the Auditor General over the years. This follows her requests. The bill includes what Justice Gomery recommended in his reports, after months of testimony and tens of thousands of pages of evidence.

I want to refer to the remarks made a couple of days ago by the hon. member for Edmonton—St. Albert. He has for many years served the House extremely well as the chair of the Standing Committee on Public Accounts. His committee heard testimony on many chapters from auditor general reports down through the years. He is also the chair of the Global Organization of Parliamentarians Against Corruption. He stated in his speech that he had a real concern for the intergovernmental community and the governmental corruption in many other parts of the world, which thwarts development assistance and causes suffering and hardship for millions of people. In other words, he was very concerned about governance in other countries.

As a result of my service as vice-chair on the foreign affairs and international trade committee, that was a major concern which was brought forward in our committee as well. The feeling of the member for Edmonton—St. Albert was that this was a comprehensive enough bill that he believed many nations would look to the bill as a grid, as a guideline, as a standard, that could help in their countries for their own purposes.

When we talk about building democracies around the world, we do not simply talk about having a free election. We talk about ensuring that a strong government is in place, a government of integrity, a government that is not going to misuse or misappropriate public funds for its own political purposes. I appreciated his comments.

I truly hope this document does not only change the system, a systemic change that Canada so desperately needs, I hope it helps other countries as they look to making their democracies stronger. I hope we can all benefit and bolster the efforts to combat corruption.