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 25th, 2006 / 3:30 p.m.

The Acting Speaker Marcel Proulx

We are out of time, but I am sure the hon. member for Edmonton—St. Albert would want to answer these questions.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:30 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Mr. Speaker, of course I would like to answer the questions. We always want to do that and be held accountable for what we say.

I know the member has introduced legislation regarding anyone crossing the floor. It states that they cannot cross, they actually have to stop halfway, resign, and see if they can win a byelection before they travel the rest of the way.

I believe in free speech and I have contemplated this bill many times. While I understand the member's motivation, there are two things that are important here: first, is the freedom of free speech in the House, free of party discipline. We are given the opportunity to speak out in this place.

If we feel strongly about any particular issue and if we want to go against our party, then that should be our privilege without any fear of any kind whatsoever of losing our job. It is like tenure at a university. When people come up with radical new ideas and we laugh them out on the street as we have done before in the past, at least their job is protected. That is what tenure is about in university and we need tenure in the House as well to guarantee the right of free speech because if we do not have it here, it will not be anywhere else in this country. So we must defend it here.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:30 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, I will be splitting my time with the member for Mississauga--Brampton South.

I am sure I will not be the last member to speak on some concerns that many Canadians have with this bill in regard to access to information. There are just too many gaping holes that suggest real transparency may be nothing but lip service from the government, as it is with so many aspects of accountability as well.

On April 11, the justice department released a discussion paper which suggested even further expanding the government's secrecy powers. This would essentially make everything outside of administration immune to access to information requests for some institutions.

We could debate the pros and cons of secrecy post-9/11 for such institutions that fit into the discussion paper's five broad categories, such as national security. The fact is that we have seen some roadblocks to accountability appear under the heading before. I am speaking of the problem of security certificates issued to a handful of Canadians with the reason and conditions of the incarceration, matters that could not be discussed or questioned in what one would call a meaningful dialogue or debate.

It could be argued that the whole issue compromises questions of what is considered a fair trial in a democracy. There is a case to be made for the fact that the democratic process requires more openness, that we do little to further the principles we hope to defend for all by denying them to even a few. I have not seen any real detailed information how what is determined national security will not compromise what an open democracy requires.

On the other hand, for other institutions such as the CBC, I also wonder how matters of secrecy that help determine freedom of press will be articulated. I am speaking of the importance of what is often called among journalists “protecting the source”. I do not see enough of real substance to affirm that the essential right of both journalists and the public will be affirmed.

If the justice department's recommendations are followed, the government will have sweeping powers to override the access act, so how is this any improvement on transparency and accountability? Moreover, the reforms mentioned in this discussion paper are modestly targeted at around $120 million. Canadians are not hearing these numbers. They have been led to believe this is all a very straightforward exercise and that ordinary taxpayers will just suddenly consent to the millions and millions of dollars thrown around to make the government appear more transparent.

There are seven crown corporations, including Canada Post, Via Rail and the Public Sector Pension Investment Board, that are covered under the access act, and for the price tag for reforms, how much further ahead are Canadians?

There are more questions about this act that come from the difference between rhetoric and reality. The rhetoric by the lobbyists is a case in point. We heard initially that this act would require ministers and senior government officials to record their contacts with lobbyists, the idea being that all lobbyists would then become a matter of public domain, but that is not really the case. The act requires some lobbyists to disclose some of their communications.

Beyond the argument of creating a culture of suspicion by assuming the worst for what I believe is an essential and honourable part of government relations, we are dealing with the fact that if a loophole is created, most certainly a culture is created exploiting those loopholes. Unless I am told otherwise, the business of government relations is also competitive. It is wonderful to market forces, as in any other industry, and those who can keep information privileged will prosper.

There is also a gaping hole in what is defined as a ministerial advisor, one who would be prohibited from lobbying for five years. The act defines this person as someone other than a public servant who occupies a position in the office of a minister of the Crown or a minister of state and who provides advice to that person on issues relating to his or her powers, duties and functions as a minister of the Crown or a minister of state whether or not that advice is provided on a full time or part time basis, and whether or not the person is entitled to any compensation for this advice.

The larger, less prohibitive definition of ministerial staff is for those persons who work on behalf of a minister of the Crown or a minister of state. As the act defines it now, it rests on the minister or the former minister to define whether a person has crossed that critical Rubicon from staff to advisor. A simple letter stating that a person was not an advisor and outlining what his or her job description was as it was made known to the minister will suffice to get the person off the hook and into the lobbying business. This is clearly not good enough.

I think members can see how the whole culture of exploiting loopholes can be created. They entitle the policy advisors to simply take on the function of amending them and those who elude this definition may provide the real advice.

We are in the theatre of the absurd here where the crucial grey areas of counsel, the areas between partisan and non-partisan, become black and white, but black is really white and all can be fixed to avoid a five year ban with this letter from a minister or minister of state.

There is also a disparity between rhetoric and reality as it relates to the Ethics Commissioner's interface with the public. We heard initially that this act would allow members of the public, not just politicians, to make complaints to the Ethics Commissioner. As the act is written, only politicians can make complaints to the Ethics Commissioner.

Supposedly, there is a case happening right now in my riding where campaign donations are now a matter of an RCMP probe and there is some question as to how donation money ended up in the personal account of a previous member of Parliament. Many who donated never got a receipt. If I were just a voter and not a politician, why should I not be able to take this matter to the Ethics Commissioner myself? Why should I have to rely on a politician to be my voice when I have an articulate voice of my own on this issue and why should I not personally get an answer? How is this government any more responsive and accountable if it denies the right to everyone?

However, it is not only a question of how these watchdogs will divulge to the public how they reached their verdicts. The procurement auditor, the conflict of interest commissioner and the Ethics Commissioner will never have to divulge their backup investigation and audit work. I think an argument can be made that this information could be considered crucial to the decision. What are we left with if we cannot question their investigation and audits? We are left with nothing more than blind trust, no pun intended, but it gets worse on the audit front.

As for this version of the FAA, the government's own draft audits and working papers can be kept secret for 15 years. I do not think that requires much comment. Everyone knows the problem with that.

My last point on the rhetoric and reality relates to the public opinion poll research. We can all recall the televised episodes of the public accounts committee, the great theatre, about how there was talk of tabling certain forms and curbing competition. Information on public opinion poll research contracts with the government can be delayed for up to six months and certain polls would be exempt. Again we have the creation of a culture around the exploitation of loopholes. Six months can become a crucial period before an election, so I challenge the government to tell me how this can be imposed with any real rigour.

What we are really looking at here are some gaping holes that were decided upon through a star chamber process where exceptions and inconsistencies can be presumed as calculated circumstances.

As there has been so much around bureaucratic activity, transparency--

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:40 p.m.

The Acting Speaker Royal Galipeau

Questions and comments?

The honourable member for Kenora has the floor.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:40 p.m.

Liberal

Roger Valley Liberal Kenora, ON

Mr. Speaker, my colleague from Newton--North Delta raised some very good points and made some good arguments.

My question deals with the part of his speech where he mentioned lobbyists. We all know the challenges the government has to ensure it has proper controls in place and the proper means to deal with lobbyists and their effect and impact on government.

What does he see as being a challenge now that we see so many retired MPs moving into areas of lobbying? We have them from the former party, from this party. Is it more dangerous to have a minister of the previous government, who has either retired or left the House, now working for a lobbyist firm, or to have a lobbyist being elected to Parliament and becoming the Minister of Defence? Which does he see as being the most dangerous part for the new government to deal with?

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:45 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, when we are members of Parliament and we go out of this House we do not carry that much authority and power. On the other hand, the Minister of Defence, who was a lobbyist for many years, now carries real influence and that is more dangerous. I do not think people who were lobbyists should be allowed to be ministers.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:45 p.m.

Liberal

Alan Tonks Liberal York South—Weston, ON

Mr. Speaker, I would like to congratulate the member for his overview of the accountability bill.

I spoke earlier with respect to the oversight nature of committees, in particular, as it relates to the public accounts and the estimates. I know the member has not had an opportunity to sit on committee but I might tell him that one of the goals of having transparency and accountability was to empower committees to have more oversight.

The proposition put forward in the bill is to create a parliamentary budget authority. Does he believe that, first, committees should have the responsibilities of oversight and, second, would he agree that to give the committees more capacity in the area of budgetary analysis would further reinforce the accountability of members of this Parliament?

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:45 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Mr. Speaker, I thank my colleague for giving me a bit of information as I am new here and have not served on any of the committees. I understand that committees play a major role when decisions are made around this Parliament. In fact, most of the real work that happens is around those committees. As committee members work together as a team, they should be the ones who decide in which direction they are heading and therefore they are the ones who should have more powers.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:45 p.m.

Liberal

Navdeep Bains Liberal Mississauga—Brampton South, ON

Mr. Speaker, I would like to acknowledge the maiden speech by the member for Newton—North Delta. I also thank him for allowing me the opportunity to share his time.

I stand today 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. It is a mouthful but more simply put, the accountability act.

I want to state right from the beginning that I do support accountability. I support the notion of enhancing accountability and transparency in government because I believe the drafting of legislation can help to restore the public faith and public trust in our institution and in our democracy.

Accountability is an issue that I take very seriously and that is why it is disappointing that the government has decided to put forth an omnibus bill that includes over 300 clauses when the material in the bill could very easily have been split into three or four bills. This would have allowed us a more thorough examination of the issues. Instead, we have to deal with it in its entirety.

I do have issues with the bill in terms of the fact that I find it extremely convoluted, poorly organized and it does not really have a logical flow. Nevertheless, I am here in my given time to address some of my concerns and voice some criticism of the bill. However I do support the essence of the bill.

I will touch upon a few areas, the first one with respect to reforming the financing of political parties and third party financing. I also want to touch upon the role of the Ethics Commissioner, respect for that office of Parliament and, more important, cooperating with that office of Parliament. The next area concerns the Access to Information Act. I also want to discuss some issues on which the government has backtracked. I want to discuss the issue of government appointments and the government's poor judgment on those appointments. I find a bit of hypocrisy on the part of the government in protecting whistleblowers. I do again question some of the monetary incentives that have been built into the bill.

I must also highlight, however, that the bill is a reflection of many years and an initiative that was put forth by the previous Liberal government. I would like to commend the government of the past for building the foundations for the discussion that is taking place today.

As I enter into the debate around accountability, I must also point out that the Conservative Party, led by the Prime Minister, has lost a great deal of credibility on this subject in the past three months and I will demonstrate that throughout my remarks.

The first area I want to touch upon is reforming the financing of political parties and third party advertising. The Conservative government wants to reduce the influence of organizations and corporations that can be exerted through large donations. I want to remind the members, especially government members, that it was the Liberal government under Bill C-24 that brought about meaningful changes to the many donations for unions and corporations from unlimited amounts to $1,000 for a corporation or a union and $5,000 for an individual and put limits on the influence of third party advertising during the election campaign.

The accountability act, however, does not, in my opinion, which I think many people share, reduce third party election spending and actually strengthens third party influence. I do want to note that there seems to be a bit of concern about the current Prime Minister, who was a former member of a special interest group, the National Citizens' Coalition, and the fact that he has not opposed all efforts to put limits on third party advertising. I would question his integrity and his intent when it comes to this section of the bill.

The other area that I would like to touch upon is strengthening the Office of the Ethics Commissioner. It is important that the bill wants to strengthen the role of the Office of the Ethics Commissioner and integrate the role of the Senate and the House ethics offices into one office and to introduce a new conflict of interest act. I would remind the current Conservative government that it was the Liberal government that created an independent Office of the Ethics Commissioner. It was the Liberal Party that full cooperated with the Ethics Commissioner and the work that he was trying to achieve.

We should look at the track record of the Conservative government. I alluded to this earlier in my remarks and I will, from time to time, remind the Conservatives of their distrust and disdain for the Ethics Commissioner.

Last year the Standing Committee on Access to Information, Privacy and Ethics held a confidence vote on the Ethics Commissioner. The Liberals supported the office but the Conservatives did not. When the Ethics Commissioner announced that he would investigate the role of the Prime Minister in convincing the member for Vancouver Kingsway to cross the floor, the Prime Minister had an opportunity to show that he supported the work of the Ethics Commissioner and yet he worked to undermine the Ethics Commissioner and declared that he would not cooperate.

I do have some reservations. The Liberal Party has clearly demonstrated its ability to respect the Office of the Ethics Commissioner and we look forward to the changes but it would be imperative for the current Conservative government to follow suit.

The third area I want to examine is strengthening the Access to Information Act. The Prime Minister has another credibility issue with regard to access to information. During the election he promised to implement all of the recommendations made by the Information Commissioner. Now that he has a chance to act on this, the Conservative Party has decided to take the Access to Information Act out of the accountability act and to table a draft bill and a discussion paper that will be discussed in committee.

I find it a bit ironic to have this thick document, this bill that contains a vast array of issues to the effect of reforming the financing of political parties, banning secret donations, strengthening the role of the Ethics Commissioner and so forth, and yet when it comes to access to information, they want to have a separate bill. As I said at the beginning of my speech, I do have concerns with respect to the logical flow of the bill.

In November 2005 the Standing Committee on Access to Information, Privacy and Ethics was chaired by a Conservative and pushed for a vote that endorsed the Information Commissioner's bill. I do not see the issue here. Why are all those changes not incorporated in the bill? Again, this backtracking is an area of concern that I have as well.

The other area I would like to address is making qualified government appointments. Again, the government wants to make a uniform process of appointing agents and officers of Parliament by ensuring they are based on merit. Again, it was a Liberal government in our past 13 years that had parliamentary committees empowered to review the appointments of heads of crown corporations. We brought forth transparency and it was increased even in the selection of Supreme Court justices. The Access to Information Act was extended to include 10 key crown corporations.

I do want to question the Prime Minister's judgment on appointing an individual by the name of Mr. Morgan to oversee political appointments and to end patronage. I see a great deal of hypocrisy in this. He wants to reflect a Conservative pledge of making appointments based on merit and yet the individual has clearly shown bias in his remarks and that he is partisan. I again have deep reservations and concerns with respect to this component of the bill.

I do not want to remind people, but it is important for those listening to CPAC to know that it was the current Prime Minister who appointed an unelected individual to the Senate, contrary to the commitments that he made for a department that oversees $10 billion worth of spending.

The area I want to touch upon next is the protection for whistleblowers. We completely agree with the strengthening of the whistleblower protection. It will give the public service direct access to the public service Integrity Commissioner to report wrongdoing, which is excellent, and a new independent tribunal with the power to order remedies and discipline. Again, we agree with that in spirit as well.

I want to remind the Conservative government that it was the Liberal Party that made it easier for whistleblowers to come forward. It was the Liberal Party that brought forth meaningful legislation to protect whistleblowers. I fully support granting protection for whistleblowers but my concern, and this just boggles the mind, is with the offer of a monetary reward for ethical behaviour. It is counterintuitive. It just does not make sense. People who come forward are individuals of integrity and ethics. They are not looking for a $1,000 reward to provide additional incentive.

I want to remind members in the House that, yes, we are talking about accountability and it is important legislation which I support in spirit, but it was the Liberal government that had many accomplishments when it came to accountability. We took on a leadership role and we are glad to see that the Conservative government is following suit. We look forward to working with the government to further strengthen accountability measures. It was our Liberal government that set up the most sweeping inquiry in modern political history. We brought dramatic reform to political financing laws in Bill C-24, to which I alluded, and we proposed whistleblower legislation.

We brought in Canada's first independent Ethics Commissioner. We brought forth clear conduct guidelines for public office holders and proactive disclosure of hospitality and contracts over $10,000 on a website. These are all major reforms when it comes to accountability that were brought forth by the Liberal government.

I am glad to see the Conservative government has followed suit. I look forward to working with members in committee to strengthen this bill.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:55 p.m.

The Acting Speaker Royal Galipeau

Questions and comments. I recognize the hon. member for York South—Weston.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 3:55 p.m.

Liberal

Alan Tonks Liberal York South—Weston, ON

Mr. Speaker, I apologize. I meant no harm when I said that it is nice to be recognized these days. It was an attempt at levity and once again it was a failure. I do congratulate you, Mr. Speaker, on your elevation to the Chair.

The member has given a very comprehensive overview of the legislation and the continuity of the development of legislation which in fact started in previous governments in terms of searching out that ultimate balance that we all desire in terms of open government, transparency and so on.

Perhaps the member would like to pursue one area a little bit further, given his extensive knowledge and background on the access to information component of the bill. In the last Parliament the access to information officer had prepared a report. The report was approved by committee. In fact, there has been extensive consultation on access to information.

Would the member care to comment on the suggestion that that aspect go to committee? Perhaps it could simply be presented as a bill because there has been so much consultation on it.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 4 p.m.

Liberal

Navdeep Bains Liberal Mississauga—Brampton South, ON

Mr. Speaker, the essence of the question is alluding to the notion of the spirit of the accountability act and its incorporation in the accountability bill.

I said earlier that the concern I have is that this is a bill that is lengthy in nature. It lacks a coherent message and does not have a logical flow. Various sections have been excluded. Parts of the Access to Information Act and the recommendations that we made in committee have been excluded and will be put forth in a separate bill that will be going forward to a committee.

My concern is that we had extensively debated those issues. More important, not only did we debate those issues, but we had the full support of the Conservative Party and the Conservative members that sat on the committee with me.

I do not see what has drastically changed now that the Conservatives are in power. Why do they no longer want to pursue those changes and recommendations that we made in committee? We exhausted all possible avenues to the best of our ability. We consulted with the Information Commissioner and took his considerations into account as well. We came to an agreement on some of the changes on which he made recommendations. All that has been done.

I do not see any further value added by taking that particular component of access to information to the committee. Something we have to seriously consider when this bill goes to committee is that we might need to incorporate it to further strengthen accountability.

I have said before that the Liberals have taken a leadership role on accountability. We have done tremendous work on accountability. I look forward to working with the government in making sure that we continue to strengthen accountability and make sure that Canadians have trust in public institutions.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 4 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, my friend from the Liberal Party in his intervention reminded us of some of the discussions that happened at committee. I would like to remind him that although the Liberals began making steps forward on some of the issues around accountability, they did not go far enough. This is why we have brought forward the federal accountability act that I am so proud to endorse on this side of the House.

We have to remember that events happened in the last government, the Liberal ad scam for example, that required us to toughen up the rules and the way we do business as politicians, the way we do business as government. We need to make sure that we bring about the changes Canadians wanted when they voted on January 23.

Does my colleague agree that the accountability act that we began debating this morning will achieve the results that are so desperately needed to make sure that Canadians have faith in government and the people that they elect to the House of Commons and to fulfill the aspirations that Canadians have of us?

Federal Accountability ActGovernment Orders

April 25th, 2006 / 4 p.m.

The Acting Speaker Royal Galipeau

The hon. member must be warned that it will be a very short answer.

Federal Accountability ActGovernment Orders

April 25th, 2006 / 4 p.m.

Liberal

Navdeep Bains Liberal Mississauga—Brampton South, ON

Mr. Speaker, I appreciate the heads up. I want to capture the essence of the comments made by the member. This will really summarize it. I saw a quote yesterday which I would like to reiterate with respect to the accountability act. “The accountability act is the toughest piece of anti-corruption legislation ever tabled in Canadian history”. That was a statement made by the President of the Treasury Board on April 11, 2006. However, if we look at the comment made by Justice Gomery, he said, “Canadians should not forget that the vast majority of our public officials and politicians do their work honestly, diligently and effectively and emerge from this inquiry free of any blame”.