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

June 21st, 2006 / 7 p.m.

Some hon. members

Agreed.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am pleased to share some views from the New Democratic Party. At the outset, our party is proud to support Bill C-2 and I am proud to have played an active role in getting the bill to this point of time in the first session of the 39th Parliament.

So much that is embodied in the bill finds its origins and can be found in the very ethics package that the NDP was proudly promoting at the fall of the 38th Parliament. This package was put together by our former leader, the former member from Ottawa Centre, Ed Broadbent.

The NDP found it very easy to relate to Bill C-2 and support the many initiatives. Parts of the bill read almost verbatim of the NDP election campaign platform on accountability and transparency measures. It is only natural that our party would support the bill. We are proud that we were able to in our view improve the bill as well.

Our party was eager to support speedy passage of the bill. The NDP was very concerned that, if the bill lost momentum and dragged on into the fall or possibly even into next spring, its likelihood for success would diminish as the time went by. That is the very nature of this place, that competing interests prevail sometimes.

The committee improved Bill C-2 in very significant ways. The committee achieved roughly 20 amendments to the bill, some of them were huge. I can speak proudly that the public appointments commission, which will exist as a result of Bill C-2, will put an end to patronage as we know it in Ottawa today, the unbridled patronage that used to dominate and so offended Canadians. That alone would have been justification for the NDP's support for the bill. I am happy to say it is only one element.

I will limit my remarks to a few points. I need to clear up some misconceptions that have arisen and some that have been promoted by other parties.

First, I find it humorous that I am being accused of being too close to the Conservative Party in this matter. No one has a monopoly on good ideas. When good ideas arise, people gravitate to them. I spent much of my career being red-baited as being too left wing in the labour movement. They called me a commie. Now I am being blue-baited. They are accusing me of being a Tory. I cannot seem to win in this regard.

I am a fiercely proud social democratic. I am a trade unionist and I am an NDP member of Parliament. I will compare my left wing credentials with anyone who may wish to challenge them. Another thing, I am a fiercely proud Canadian nationalist. Unabashedly, and I say this with great pride, I believe that what we have done today with Bill C-2 is the greatest possible thing we could do to advance the cause of national unity in this 39th Parliament.

The weakest link that Canadian federalism has is to be corrupt, not trustworthy, of maladministration. All those things play into the hands of the enemy of Canadian federalism. If we want to be champions of Canadian federalism, we have to put forward a face of federalism of which we can be proud. That means erasing the stain that was put on the good face of Canada by the last administration. I believe, in my heart, that we are doing something right for Canada when we advance transparency and accountability.

The other misinformation I have to correct is this. The Liberal Party has put out a press release saying that I personally voted down its anti-floor crossing amendment. This is an absolute fabrication and untruth. I want to state it very clearly here today. What happened was the Liberal anti-floor crossing amendment was ruled out of order. The Liberals did not vote for their own floor-crossing amendment because it was ruled out of order.

If we could possibly clarify that, then the Liberals may stop saying this around the country. If the Liberals will stop telling lies about me, I will stop telling the truth about them.

In terms of election financing, the Liberals and the Bloc voted down a corrective measures put forward by the NDP to stop the atrocity of shaking down school children for their lunch money and trying to circumvent the election financing laws by laundering money through children's bank accounts. We had a perfectly viable proposal at the committee, which would have ended this practice forever. The Liberals and the Bloc voted that down. I invite anybody on either side of the House to challenge that.

The NDP thought it brought forward meaningful amendments in election financing. There are changes in Bill C-2 that we support. Lowering the annual donation limits to a reasonable amount, will take big money out of politics. There should be no corporate donations. There should be no union donations. There should only be donations from individuals. With a limit of $1,000, we believe no one will be able to buy an election any more. That in itself is something of which I am proud. That stand-alone item would have had me voting in favour of Bill C-2.

There are six or seven individual items in Bill C-2 that by themselves would have earned my support and vote. It seems only natural to me that we would enthusiastically support the whole package.

Some of the other opposition parties are sensitive, and I do not blame them. Every page of Bill C-2 reads like a condemnation of the past practices of the Liberal Party of Canada for the past 13 years. I do not blame them for being sensitive about that.

It is true that the first session of the 39th Parliament had to be dedicated to ensuring that no political party could exploit and abuse the public trust the way the last administration did. It was necessary work. It was like pulling a tooth. It is good we are getting it out of the way fast, like ripping off a band-aid. We want to do this quickly and get it over with so we can move on with the other important work and challenges facing our country.

One of the other things I am very proud we managed to get done was on the lobbyist registration. It has always bothered people that peddling influence by insiders in Ottawa has corrupted and jeopardized democracy in that certain people have undue influence because of who they know. That will not be allowed any more.

We have seen what lobbying has done to the United States. It has virtually ground Capitol Hill to a halt in many ways. Nothing happens without satisfying the hordes of lobbyists. We are not going to allow that to happen here. If we are on that slippery slope, I believe we have taken important measures to clean that up, to preclude the influence peddlers having undue influence in Ottawa. I think we can celebrate that move on behalf of Canadians.

I know I do not have much time and I will not dwell on this for long, but I read an interesting speech recently. A few years ago there were only 20 federal countries in the world. Federalism is the most difficult form of government to hold together. People do not realize how rare and difficult it is. At that time, 3 of those 20 federalist states were blowing themselves to pieces through corruption, maladministration and internal strife. The Soviet Union, Yugoslavia and Canada were the three countries at risk, as mentioned in the international journal I read.

We know what happened to the Soviet Union. We know what happened to Yugoslavia. To hold this precious effort, this initiative we call Canada together, we need to operate at the highest possible ethical standards in order to earn and keep the confidence of all the disparate parts of this federation. The string that holds all these pearls together into one wonderful entity called Canada is always very vulnerable. It is very fragile and needs to be nurtured.

The enemies of transparency and accountability are the enemies of the Canadian union, in my view. It raises this whole issue to a much higher plane. We are doing something noble as we pass Bill C-2 and I am proud to be associated with it.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:10 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I found it interesting to listen to my colleague who, like me, sat on the legislative committee responsible for Bill C-2.

I have two comments and one question for him. He said that the Liberal members and the two Bloc members on the committee voted against the NDP amendment to establish a minimum age for making legal monetary donations to political parties. The NDP amendment stipulated that the legal limit of $1,000 for a donation made by a child would apply to any child, even a newborn, up to the age of 14. However, Elections Canada would consider the donation to have been made by the parent, which would then limit the amount a parent could donate. After the child turned 14, the donation would be considered to have been made by the child. The amendment would have changed nothing. It would still have allowed children to make donations legally.

A Liberal amendment, however—mine in fact—would have set the minimum age for making donations at 18. I was disappointed that my colleague from Winnipeg Centre and government members voted against this amendment.

I would like to discuss another issue. I am very interested in what the member for Winnipeg Centre has to say about this. He proposed an amendment—which the Liberals supported—to assign criteria, a mandate and powers to the Public Appointments Commission. The Liberals thought this an excellent amendment. The government's Bill C-2 included neither mandate nor powers. It simply said that the governor in council could direct the Public Appointments Commission to appoint a commissioner.

The committee—Liberal, Conservative, Bloc and NDP members alike—supported this motion. What does the member for Winnipeg Centre think of the Prime Minister's statement that despite the adoption of this motion, he will not appoint anyone to this position?

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:15 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I will use what little time I have to explain the other election financing piece the Liberals and the Bloc voted against. It dealt with these huge Liberal leadership loans, which are more like corporate donations. If they are not paid back in 18 months, they are treated as donations. A $100,000 loan becomes a $100,000 donation, which is illegal. In fact, if it is not repayable, they can forgive it.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:15 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

They continue to allow it.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:15 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I can hardly hear myself think with the catcalling from my colleague. She is being so rude in not giving me the floor. I used a lot of restraint to not shriek at her, such was my outrage. Now she will not be quiet.

The other misinformation is this. The Liberals actually defended the status quo of election financing currently when they defeated the attempt we made if minors wanted to participated in the political process. If my 14 year old wanted to donate $50 to my election campaign, that would be fine, but that amount would be deducted from the donation limit of the parent or guardian. This would not preclude participation of youth, because we all have a youth wing in our political party. The Liberal amendment was that no one under 18 years old could make any donations. I do not think that was wise, so I did not support it.

What I do ask the Liberal Party to do is stop this campaign of misinformation about how I voted regarding its floor-crossing amendment. No one voted for its floor-crossing amendment. No one was allowed to vote for it. If my floor-crossing amendment was ruled out of order and the Liberals' was allowed to stand, I would have voted for theirs because it would have been the only one on which we would have been allowed to vote.

I hope that helps to set the record straight. I hope they can perhaps issue a second press release to correct the deliberate misinformation of the last one.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:15 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I want to thank all members of the committee for working on this bill and providing Canadians with a bill which we can all be proud of. It is a large bill. There might be some kinks in the bill to work out as we move along, but because of the amendments that were put forward, the witnesses who came forward, and the debate that we had at committee, we have a bill that we can be proud of.

Certainly some people have concerns with some things in the bill. That is fair with a bill this size. There are things in the bill that we will want to keep an eye on and make sure that, as was pointed out by other members, there is not unintended consequence.

I want to start my remarks with a quote:

When they find themselves in the midst of wrongdoing, those with a vivid sense of right and wrong have feelings of remorse. On the other hand, the defining characteristic of corruption is that feelings of remorse have been lost, replaced by the impulse to deny, perpetuate and cover up. The Liberal Party is losing its sense of remorse.

That was said before the last election by my predecessor, Mr. Broadbent. It deserves applause because it was insightful. He was distinguishing between those who understand when they have done wrong and do something about it and those who do not. He was identifying the concerns about ethics and accountability. What did he do? He proposed something. That is what we did on the bill in committee and it is what we are doing as we speak right now. We are proposing a better way. Mr. Broadbent proposed an ethics package which dealt with many of the concerns we all had at the time.

The first concern he had was about floor crossing as was just mentioned. He believed, as I believe and many Canadians believe, that if a member crosses the floor and is vaulted into cabinet, perhaps the member should go to the Canadian people and see what they think about it. It is a pretty democratic idea. We hope that will come to fruition one day. In fact the good people of Manitoba will have that type of law in place soon. They will not have to deal with floor crossing.

The second part of Mr. Broadbent's ethics package was to have fixed election dates. I am pleased that we will have fixed election dates soon. That was a smart thing for the government to introduce.

The third thing he put forward was transparent leadership contests. This is still a concern. In committee we said that we wanted to make sure that these outlandish, ridiculous, opulent, unaccountable leadership contests did not take place. In the last Liberal leadership contest, the former prime minister who was running for leader at the time had $12 million in the kitty. That is a little over the top. The $2.7 million that was spent for the present Prime Minister on his leadership may be a little more than is necessary.

Mr. Broadbent was proposing to have transparent leadership contests. The money trail would be followed. We would see from where it was coming. There would be some oversight. It would be regulated. We do not want to see influence being pedalled because the leader of one political party one day might become our prime minister the next. The process deserves accountability. It deserves a window of access to information.

The fourth thing that Mr. Broadbent proposed in the ethics package was electoral reform. We are still fighting for that and will continue to do so. We proposed a model which was very sensible and reasonable. The Law Reform Commission studied it and believes it to be a sensible model. We will carry on with that.

The fifth proposal was to end the unregulated lobbying that was going on because it was way out of hand. We saw what was happening. I will give an example, and we still have not heard the final details. It was the sale of Petro-Canada. It was interesting to follow the money on that one. It was the biggest sell-off of a Canadian asset. The New Democratic Party believes Petro-Canada should have been transformed into a crown corporation to deal with renewable energy, but alas, it was sold off. If we follow the money to see who was involved in selling it off, it is a very interesting story of influence and lobbying.

Look at what happened on the satellite radio file. Initially the cabinet believed that certain satellite radio companies should not have a licence. The lobbyists got to members of the cabinet and turned it around and there were contingency fees all around.

We saw that with the previous government. We have heard the entitlement to entitlements quote. I think that was exacted by my predecessor, Mr. Broadbent, in committee as a matter of fact. We believe that the unregulated lobbying had to end and Bill C-2 deals with it.

We still have a concern that someone who is lobbying government can get contracts. We will continue to keep an eye on it. What is really important is that the regulations for lobbyists have been strengthened. Contingency fees will be banned to get the money out of this really spurious kind of business. There are good, credible people who do credible lobbying in this town and they were being sideswiped by the people who were making money in, I believe, an ill-gotten way.

The sixth thing Mr. Broadbent had proposed was ethical appointments. I am delighted that because of the hard work of my colleague from Winnipeg Centre, the committee adopted an amendment to the bill. We finally have a process that will ensure there will be ethical appointments with oversight. That is no small gain. That is absolutely huge.

We only have to go back to 1867 and Sir John A. Macdonald, or to the 1984 election and the statement, “You had an option, sir”. We know this has been a problem for every single administration in Canadian history. We have seen people being appointed based on their party card, not on their merit card. I am hopeful that will finally end.

The last one was on access to information. I am glad to see there were some gains made. At the beginning of the debate on the bill there were some concerns that we would not have changes to the Access to Information Act. There are amendments. There is more to do and that work will be taken up in the fall.

To paraphrase what my colleague from Winnipeg Centre said, the oxygen of democracy is the access to information in the work we do here. If we are unable to hold the government to account by accessing the information through ministries, crown corporations and agencies, then we will have difficulty doing the job which citizens have sent us to this place to do, and that is to hold the government to account.

Those were the seven points of Mr. Broadbent's and our party's platform, our ethical package. When I look at Bill C-2, we are there in many ways, but there is more work to do for sure. I have already mentioned the need to deal with floor crossing. We need electoral reform. We need a little more work on access to information. The transparent leadership question still needs to be tweaked. We have come a long way.

We have been able to deal with the question of holding government to account and the accountability of government to Parliament and Parliament to government. We need to take into consideration the accountability to citizens. That is what electoral reform is all about. That is the next stage. That is the next area of reform. Our work is not finished. We will have to focus on that.

I was very delighted to see the changes to the whistleblower legislation. It has been referenced by members of the other parties that Bill C-11 was fine if we just put it in place. As someone who was in contact and worked with many whistleblowers in this town, I can say that it was not fine. The oversight was a board that had over 8,000 cases presented to it in a year. It took over 18 months to hear cases. We needed to have a parallel stream. We have it with the tribunal. The fact that Bill C-11 was there was not good enough for the people I worked with.

We have improved the whistleblower legislation. We and other members of the committee we able to make sure there was no reward for whistleblowers. I thought that was anti-ethical. In fact, it is not ethical to provide cash for people to do the right thing. Every single whistleblower that I know was clear about this, they did not want to be rewarded in cash for doing the right thing.

I will end my comments by thanking everyone in the committee for their hard work. We need to be proud of this work and to carry on with our work to be accountable to Canadians through electoral reform.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:25 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

Mr. Speaker, I agree with the member that there are a lot of provisions in this bill that are meritorious. The two that I find have the most value are the accountability of deputy ministers and some of the provisions dealing with lobbyist registration.

Everyone is talking about accountability but when I study the bill and when I read what preceded the bill, I do not think it really deals with institutional accountability.

When the federal accountability act, which is what the bill is called, was being debated, we were taking major steps backward in this House. We saw the Prime Minister appoint his campaign co-chair to the Senate and appointed him as the Minister of Public Works and Government Services. He is spending $50 million a day and he is accountable to absolutely no one. We have seen the revisiting of a previous practice of the Prime Minister assuming control and appointing the committee chairs. We have seen a major step backward in the whole issue of free votes.

What is the member's position with respect to the whole issue of institutional accountability? I think that this bill does not address it in any way, shape or form.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:30 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, as I said in my comments, there is more work to be done.

Clearly what we have heard from many learned people on public policy is that we can bring in bills and we can enact legislation, but unless there are good men and women working day to day to make sure those things are enforced, they are not worth much. I do not take issue with the member about the need for more work to be done in certain areas.

This place needs to do more work on looking at the books and looking at the estimates process.

Let us go back to the genesis of Bill C-2 and the ethics package that my predecessor put forward. It was the sponsorship scandal and some other areas that were of concern, such as lobbying, et cetera. With respect to oversight in Parliament, we should be taking more time, paying more attention and shining more light on the money before it is spent. When the estimates go through this place, it should not be done in a day. We should take more time and put them under the microscope. It is done in other jurisdictions.

It would mean having more resources for committees. We need to make sure that the people on those committees have more time to serve on the committees. The appointments need to be for longer periods. One way to do that is through electoral reform. The people who are in the third that we are proposing who are elected from the so-called list would be able to spend more time on committee work. A concern of people who have evaluated public policy for many years is that people do not spend enough time on committees.

Maybe we need to have a subcommittee of finance to look at the estimate process and take more time. It was not that long ago that it was a committee of the whole that looked at the estimates. I am not suggesting we go back to that practice, but that we spend more time at the front end examining every single line item that is being proposed. In the past, if we had caught some of the things such as what we saw with the sponsorship scandal, we would all be better off.

Those are some ideas for the future.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:30 p.m.

The Acting Speaker Royal Galipeau

The hon. member for Skeena--Bulkley Valley.

One minute for both the question and the answer.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:30 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, there has been a lot of talk these days about who is dancing with whom and who is sleeping with whom. Canadians could be forgiven for thinking we are running a soap opera here rather than the House of Commons.

I would like the member to comment on what took place in the environment committee this afternoon. He watched the accountability break down in the government. I brought a motion forward which was in order and was judged by the Speaker of the House to be in order. The ruling Conservative Party decided that it was out of order, and ruled over its own chair and then was somehow mystically joined by the Liberals, who decided that even though the motion was in order and everything was quite legal and right, for political purposes, they were going to overrule it and side with the government against their own committee chair.

I wonder if he could recount how this fits in with a government trying to be more accountable and an opposition party pretending to actually be in opposition.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:30 p.m.

The Acting Speaker Royal Galipeau

The hon. member has five seconds in which to answer.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:30 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, very quickly, simply elect more New Democrats and they will see the change.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:30 p.m.

Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans

Mr. Speaker, I am pleased to add a few comments to the third reading debate on Bill C-2, the federal accountability act. I will be splitting my time with my colleague, the member for Glengarry--Prescott--Russell.

Let me begin by thanking the President of the Treasury Board, the member for Ottawa West--Nepean, and his parliamentary secretary, the member for Nepean--Carleton, and in fact the whole legislative committee for its hard work on this bill. The collaboration of all members has made this a better bill. All parties in this House have worked toward this.

As we have come through the report stage into this third reading debate, it seems that members from every party are claiming victory in some way or another. That is a good sign. It shows that the process is working as it should.

As well, I would like to take a moment to thank my constituents who have given me the opportunity to be here to speak on their behalf. Of course I would like to think I am here because of my boyish good looks and sparkling personality, but my wife assures me that is not the case. I know I am here at the pleasure of my constituents. I take that responsibility very seriously. I will do my best to serve them well. In fact, one opportunity to do so is to support this good piece of legislation.

Like a lot of members in this House, as I went door to door and talked to people on the street during the last campaign and the campaign before that, I sensed a large degree of cynicism about and even distrust of politicians. We of course have seen the polls showing that politicians are the least trusted of any occupational group, and it does not look like the numbers are getting any better in the more recent polls.

In fact, sometimes the people I talked to on the doorsteps would say that we are all the same or that we are only in it for what we can get, although each one of us here will claim that we are not in it for what we can get. In fact, I think we would probably all agree that we do not know of any colleagues of ours, whether they are on this side of the House or in opposition, who are here for what they can get.

It is very clear that Canadians expect more from us: not just to do good but also to be good. In fact, they sent that message loud and clear on January 23. They said they wanted an accountable government, one that they can trust with their hard-earned dollars and one that works effectively and efficiently on their behalf. I believe this federal accountability act delivers on our commitment to do just that.

During the campaign we said from time to time, and probably more often than the Liberals liked, that we needed to move from a culture of entitlement to a culture of accountability and, really, what we are talking about here is changing the culture.

This is an interesting concept, because there is no real agreement on how to define culture. Some define it in a historical way, saying that culture is the social traditions that are passed from generation to generation. Others view it in a behavioural way, saying that it is shared or learned human behaviour. Others view it in a normative way, saying that it is the ideals or the values that a particular group of people have. Some view it as a mental thing, as the ideas or habits that we have as people that distinguish us from animals. Or maybe it is a symbolic thing.

I like to think of culture as having three components. It is what people think. It is what people do. It is what people produce.

So if we were talking about a culture of entitlement, what we would think is that we were entitled or, as a more famous person has said, “entitled to our entitlements”. What would we do in that culture? I guess we would do whatever it takes to obtain those entitlements, even if from time to time those things were wrong. What would we produce? We would produce programs or legislation, even well-intentioned programs that at least occasionally were motivated by self-interest.

But if we in this place lived within a culture of accountability, then we would think and believe that we are answerable to Canadians. What we would do is act honestly, ethically and honourably. We would produce programs and legislation that have as their motivation the best interests of Canadians.

We are here about accountability. Most of us who grew up in a loving but firm family understood what accountability was. I do not think my parents ever used that word with me. I think I understood it. I think it was composed of four different things. They made the rules clear for me. Then they removed some of the opportunities to break those rules. They then monitored my behaviour. Then they provided a little correction from time to time if I ever needed it.

Really, that is what we are talking about here with the accountability act. We are making sure that the rules are clear. In some cases, we are changing the rules. We are strengthening the rules. We are strengthening the role of the Ethics Commissioner. Canadians expect elected representatives and public office holders to make decisions in the public interest without any consideration of personal gain. The Ethics Commissioner helps us do that.

In fact, Bill C-2 will combine the positions of the Ethics Commissioner and the Senate Ethics Officer to create a new conflict of interest and ethics commissioner, with powers to fine violators and consider public complaints. We are going to make sure the rules are clear.

We are going to clean up the procurement of government contracts. I think all of us in this place believe that the Government of Canada's purchasing practices should be free of political interference and conducted fairly so that all companies, regardless of size and location, have the opportunity to compete for government work. We are going to make sure that the rules are clear on procurement. We are going to develop a code of conduct for procurement that will apply both to suppliers and to public servants.

We are going to clean up government polling and advertising. As we know, the government uses public opinion research and advertising to listen to and communicate with Canadians. I think that is a good thing most of the time, but recent political scandals regarding sponsorship and advertising have raised some legitimate concerns about the transparency, the fairness and the value for money of the procurement process in these areas. Bill C-2 introduces measures that ensure value for money and preclude these contracts from being used for partisan reasons or political benefit.

We are going to remove or at least reduce the opportunities for these rules to be broken. We are going to reform the financing of political parties. We believe that money should not have the ear of government but that Canadians should.

The federal accountability act will help take government out of the hands of big corporations and big unions and give it back to ordinary Canadians. The act is going to limit individual donations to $1,000 a year, ban contributions by corporations, unions and organizations, and prohibit cash donations of more than $20. We are going to ban secret political donations to political candidates.

We are going to toughen the Lobbyists Registration Act. I think everyone in the House would agree that people should not get rich bouncing between government and lobbying jobs. Lobbyists should not be allowed to charge what they call success fees, where they only get paid if they deliver the policy change their clients want. The government is now getting rid of these fees and is extending the ban on lobbying activities to five years for former ministers, their aides and senior public servants.

We are going to ensure truth in budgeting. We are going to create a new parliamentary budget officer to support members of Parliament and parliamentary committees with independent analysis on economic and fiscal issues.

The government will make qualified government appointments. This will be a welcome thing, as all of us here know.

Of course the government will monitor whether these rules actually are kept. Also, we are going to make it harder to hide. We are going to strengthen access to information legislation. Canadians deserve better access to government information. The Government of Canada belongs to the people of Canada. It should not unnecessarily obstruct access to information. There are good things in the bill in this regard.

The government is going to strengthen the power of the Auditor General. Canadians deserve to know their hard-earned tax dollars are spent. The Auditor General needs the power to follow the money in order to make sure that it is spent properly and wisely.

Occasionally from time to time we need correction. The government is creating a director of public prosecutions. It will have the independence to pursue prosecutions under federal law and will report publicly to Canadians on its performance.

The government wants to move from a culture of entitlement to a culture of accountability. The measures contained in Bill C-2 signal a dramatic change, a paradigm shift, so to speak, in how federal politics and government will work in this country.

As we change how we think, what we do and what we produce, we can provide Canadians with the open, honest, trustworthy government they deserve, a government that acts responsibly, rewards integrity and demonstrates clear accountability. By making everyone more accountable, the federal accountability act will help restore Canadians' trust in their government and make government work better for all.

Federal Accountability ActGovernment Orders

June 21st, 2006 / 7:40 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

Mr. Speaker, I agree with the member opposite that the act contains certain good points, but I also see some points that are not as good.

What I see in the House is that the act is saying one thing and what is being done in Ottawa is totally the opposite. We have seen the Prime Minister take control of the committees of Parliament. Any concept of a free vote has been thrown out the window.

However, one of the most grievous situations is the appointment of the Prime Minister's campaign co-chair to the Senate right after the election. Subsequently, the very same person was appointed Minister of Public Works and Government Services, in effect making that person unaccountable to anyone.

He is not accountable to Parliament, he is not accountable to me and he is not accountable to you, Mr. Speaker, and yet he is spending $50 million a day. It totally violates anyone's concept of accountability. I have two very specific questions for the member across. First, given that there are about 35 million people in Canada and given that this person was the campaign co-chair, would that not be a patronage appointment? Second, why is it that this so-called accountability act would not have within it some provision that would end this spectacle?