Bill C-2 (Historical)

Federal Accountability Act

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

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

Federal Accountability Act

[Helena Guergis, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I would also like to take a moment to congratulate you on your position as Acting Speaker. I would also like to thank the constituents of Simcoe—Grey for giving me an opportunity to represent them for another session in the House of Commons. We increased our plurality substantially this time and I really appreciate the good work of my entire team back home.

It is a pleasure to rise in the House today to speak to the first piece of legislation that my government has put forward, the federal accountability act. I want to talk a little about the people in my riding of Simcoe--Grey. I believe they are truly representative of Canada. We have every kind of farmer in Simcoe--Grey, from potato farmers, to chicken farmers, eggs, beef, dairy, pork, grains and oilseeds, sod, and so on. We have apple farmers. There has also been conversation about planting grapes within the town of Blue Mountain. We may have a winery coming into Simcoe--Grey. This is something we are all looking forward to and something I am very proud of.

We also have thousands of auto workers in Simcoe--Grey. We have the award winning Honda plant and dozens of parts plants that supply our automotive industry within Simcoe--Grey. Hundreds of people work at our resorts. We have a very strong tourism industry in Simcoe--Grey.

Smack dab in the middle of my riding, which is right beside my hometown of Angus, Ontario, is base Borden which is the largest training base in Canada. I am looking forward to seeing an increase in the number of Canadian soldiers on base Borden and the impact it will have, especially on small businesses in the communities surrounding base Borden and how positive that will be for my riding of Simcoe--Grey.

Last but certainly not least, in Wasaga Beach, which is the fastest growing community in Ontario, fourth in Canada, we have skilled trades and aggregates in sod.

Over the past few weeks we have heard many members of the Liberal Party continue to criticize our throne speech and agenda. They say the five priorities are not enough. Of course, to the previous Liberal government everything was a priority but nothing was actually completed. During the campaign I can remember that our party researchers assembled a list of quotes from the former prime minister of everything that he said was a priority for him and his government. I can recall the list being about 100 items long.

Outside of promises, I cannot think of much that the previous government actually did. The Liberals were consumed with extricating themselves from a growing scandal of sleaze and greed. They were doing everything they could to hold on to power. It was really their only priority and it was at all costs with no care for what was truly best for the country.

Why did we start with accountability? I think my words have already stated that. It is because without accountability, nothing else will work. Government will break down and it starts to fail the people. That is what happened with the previous Liberal government.

Just over a year ago I had an opportunity to go to Taiwan with many other members of the House. The sleaze and scandal of the sponsorship scandal was really starting to unfold. It was being exposed for what it truly was. I can recall that senior dignitaries were asking me about the sponsorship scandal here in Canada. I was thoroughly embarrassed and very ashamed.

The previous Liberal government had a difficult time accepting the fact that what was going on here with the sponsorship scandal in Canada was actually changing how the world looked at Canada. Now that we voted for change on January 23 we are getting back to accountable government. We are going to see that Canada's reputation on the international scene again is something to be very proud of.

We still do not know how much of the country's money the Liberal Party took, but we do know that the people of Canada have had enough and they have voted for change. We told Canadians during the election that we had the five priorities. They voted us in and now we are keeping our word.

The first is the piece of legislation we are talking about today, about putting the House back in order, restoring trust to the people of Canada, because people have to have faith in their institutions and in their politicians. The federal accountability act is a really good first step.

The act is about moving from a culture of entitlement to a culture of accountability. It is about making everyone in government, from the Prime Minister on down, answerable to Canadians. It will of course ban corporate, union and large personal political donations. We will strengthen the powers of the Auditor General. We will provide real protection for whistleblowers. We will ensure government contracting is proper, fair and open.

We will prevent lobbying by former ministers and other public office holders for five years. This is something that I experienced in my own riding of Simcoe—Grey with a former member actually going into the lobbying business and circumventing the member of Parliament as an assistant. But we would also create more--

[An hon. member]

Paul Bonwick.

[Helena Guergis, Conservative, Simcoe—Grey, ON]

Yes, his name was Mr. Paul Bonwick.

Creating more open government by improving access to information is what the accountability act will do as well.

I would like to talk a little bit more about each of these areas, but I do want to say that I will be splitting my time with the member for Mégantic—L'Érable.

Let me talk a little more about reforming the financing of political parties. Money of course should not be the way that one accesses government. Canadians should have the ear of the government and not a chequebook. To me that means quite plainly that one should not be able to buy access. The federal accountability act would help take government out of the hands of big corporations and big unions and would give it back to ordinary Canadians. The federal accountability would limit individual donations to $1,000 a year. We would ban contributions by corporations, unions and organizations and prohibit cash donations of more than $20.

I think I have a great question here. How many members of the Liberal Party had secret trusts that they had set up? These trusts were not subject to the Canada Elections Act. The accountability act would also ban secret donations and gifts to political candidates. It would also increase transparency and help Canadians feel more confident about the integrity of the democratic process.

Another part of the accountability act for which I have great appreciation is the strengthening of the power of the Auditor General. Canadians truly deserve to know how their hard-earned tax dollars are going to be spent and the Auditor General needs the power to follow the money to make sure that it is spent properly and wisely. The government would give new powers to the Auditor General to audit individuals and organizations that receive federal funding.

This would help the Auditor General to hold to account those who spend taxpayers' money. We recall how many billions of dollars were in the foundations. The government and Canadian taxpayers had no authority and no right at all to actually see how their taxpayers' dollars were being spent.

In addition to that, we will provide real protection for whistleblowers. I think the fact that the man who blew the whistle on the sponsorship scandal chose to run for us says a lot about what we are proposing for whistleblower protection. The men and women of the public service deliver important programs and services that touch the lives of Canadians each and every day. That is why another of our federal accountability act's key components will focus on providing real protection for whistleblowers.

People who see problems in government need to know they can speak up. Too often in the past, whistleblowers have been punished for saying the truth. The government will give real protection for whistleblowers by giving the public sector integrity commissioner the power to enforce the Public Servants Disclosure Protection Act. The law would be extended to all federal bodies. In addition, the law would be amended to protect all Canadians who report government wrongdoing, not just public servants.

The act would also help clean up government procurement. The Government of Canada is one of the largest purchasers of goods and services in the country. Its 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 would enshrine in law the principles of a fair, open and transparent bidding process.

We will also toughen the rules around lobbying. Canadians need to know that lobbying is done in an ethical way. After the 2004 election, we saw Liberal ministers immediately come back to lobby their former cabinet colleagues. People should not get rich bouncing between government and lobbying jobs. Lobbyists should not be allowed to charge success fees, whereby they only get paid if they deliver the policy and the change their clients want. The government would get rid of success fees and extend the ban on lobbying activities to five years for former ministers, their aides and senior public servants. In addition, we would create a new commissioner of lobbying with the power and resources to investigate violations and enforce the rules.

We will also strengthen access to information legislation. Canadians deserve better access to government information. The Government of Canada belongs to the people and it should not unnecessarily obstruct access to information.

I will wrap up and say that I look forward to the many questions I am sure I will be receiving from my colleagues. I look forward to being a part of the government as we work toward restoring accountability for the people of Canada.

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, the sponsorship scandal has left people feeling quit burned by and cynical about politics and politicians, at the federal and all other levels. Not just in Quebec, but everywhere in Canada. As our colleague stated, it has even tarnished our reputation internationally.

With regard to the accountability legislation, would it not be logical to include a ceiling for donations to leadership races? At present, the legislation does not provide for a maximum donation to leadership races, which runs counter to the maximum donation of $1,000 that will be applicable to individuals. The election of a candidate and that of a party leader are not treated the same.

[Helena Guergis, Conservative, Simcoe—Grey, ON]

Mr. Speaker, as I outlined, we will be making some very substantial changes to political donations to political parties. Inside politics, I am sure we can continue to have a further discussion on this, but right now what we are focusing on in the accountability act is completely eliminating political donations from corporations and unions and limiting personal donations to $1,000.

I think Canadians want to know that if we need to see policy change within the country, we simply do not cut a cheque. Just cutting a cheque should not be the way to have policy change in this country. The accountability act will simply eliminate that by limiting personal donations to $1,000 and eliminating contributions from corporations and unions.

[Shawn Murphy, Liberal, Charlottetown, PE]

Mr. Speaker, I thank the member for her comments on this act, which is a very complex and complicated act. It is being referred to committee, which I think is good, and it will be discussed.

I am very curious about one issue in the act that perhaps I really do not understand. It is the concept of a director of public prosecutions. It is my understanding of the law that whether or not to prosecute would be a provincial decision; federal offences would be drug offences, income tax offences, certain environmental offences, shipping and whatnot. For the life of me I cannot understand what this person would do. If the person could investigate wrongdoing, I assume the first person he would investigate would be Brian Mulroney for the $300,000 payment he received after leaving office, but even for that I do not think he would have jurisdiction.

What is the member's concept of this position? Exactly what authority would this person have to act in any type of situation, other than drugs, income tax or shipping?

[Christian Paradis, Conservative, Parliamentary Secretary to the Minister of Natural Resources]

Mr. Speaker, since I am addressing the House for the first time today I would like to thank the people of the great riding of Mégantic—L'Érable for giving me their confidence and electing me as their representative in the House of Commons. I especially want to thank my parents, friends and volunteers, who believed in me and gave their all to help me get elected. Their hard work was certainly motivated by their desire for change.

In that vein, I must add that in my riding of Mégantic—L'Érable there are three totally different RCMs with various sectors including agriculture, mining, forestry, and all sorts of industries. Despite this diversity, there is one common denominator in my riding: the desire for change. This desire was expressed loud and clear on January 23, as it was in most of Canada's ridings.

My speech in this House on the federal accountability bill is very important. I realize that my constituents, like most Canadians, expect change. Unfortunately, the public has become increasingly cynical about politics.

Worse yet, some Canadians are completely disenchanted and choose not to vote in elections, while in some countries people pay with their lives in order to get that right.

I am very proud that the government, which made federal accountability its ultimate priority, is now presenting strong legislation that will certainly contribute to rebuilding public confidence. We finally have the concrete measures to truly clean things up in Ottawa. For far too long there has been nothing but sterile discussions, when in fact basic ethics rules were being broken. What is more, although the Auditor General was able to uncover these violations, she did not have the authority to do anything about it.

It is all the more scandalous to Canadians who make an honest living and who have to pay taxes from their hard earned money. In future, there will be harsher punishment for lesser crimes than were committed in the past.

It was time that a government finally showed true will to make government transparent, as well as to bring back the clean system Canadians are entitled to. This government, which intends to be one that takes action, is proposing a consistent and efficient system to clean up government. It is not content with haphazardly developing policies to deal with isolated cases. Such policies could prove ineffective in some instances. To propose a system, a comprehensive one, an overall vision is necessary. That is what we, in the Conservative Party, have proposed during the election campaign and, on January 23, the people of Canada voted in favour of our proposal.

The government is delivering on its promises. Less than four months after the election, it is introducing this major and long-awaited reform for approval by the House. More concretely, we can see that, under this reform, accountability is taking on much more importance, starting from the time an election is held. This will make candidates accountable and impress on them the seriousness of our parliamentary institution and the importance of the role played by members of Parliament. Strict election financing rules are being proposed to deal with conflicts of interest and campaign slush funds for candidates. The people are entitled to expect that their peers representing them in the House of Commons are designated democratically.

It is good to talk about ethics but, as mentioned earlier, the role of the Ethics Commissioner has to be strengthened. The commissioner has to play a proactive role and have the skills necessary to exercise control. In fact, that is what is proposed in the bill.

The people also expect transparency in the process to appoint those individuals who will play a significant role within government. A fair process which goes beyond cronyism and is actually based on competency is required. That is what is proposed in the bill.

As a rule a thumb, words fade away but written statements endure. It therefore makes sense for reports on government expenditures to be in writing. The man on the street will have no problem figuring that running a business on the basis of verbal reports does not make much sense. It is no surprise that the people were deeply shocked that such practice was allowed to exist in government.

The bill will therefore require written reports. This is another concrete, simple measure that is easy to implement.

With regard to access to information, major crown corporations such as the CBC and Canada Post are part of Canadians' daily lives.

Yet the public does not have access to essential information. The bill strengthens the Access to Information Act so that the public can have access to additional information.

As has already been stated, the Auditor General must have coercive powers. It is inconceivable that she could identify crimes and major breaches in the past but could do nothing about them. The bill will remedy this deficiency.

The bill also provides for the appointment of a director of public prosecutions. The director's office will be an effective, specialized, independent body. This appointment shows that the government is determined to give complaints all the attention they deserve. We are not talking about just anything here.

Completing the circle, we have whistleblower protection. For our system to work, it must encourage anyone who becomes aware of irregularities to report them. That is what the bill proposes to do in order to make the system effective. Finally, we have a coherent, logical system based on a sound vision. Canadians asked for good governance, and that is what this government will give them.

That is why I say loud and clear that I am proud to be part of the government that is bringing in this major reform. Needless to say, I support this bill.

[Louise Thibault, Bloc, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, you will forgive me for being flabbergasted. I imagine that many of my Bloc colleagues are as well. I am going to question the member for Mégantic—L'Érable on this point.

It is caused, in part, by the terminology he has chosen. He has obviously used his party’s slogan and said that his government would keep its promises, that it would solve the problem of cynicism and that it would restore trust.

My question is about the transparency and accountability the government talks about. One of the first things the Conservative Prime Minister did was to appoint a minister who had not been elected. That person cannot, therefore, be accountable for his department in this House. This seems to me to be the height of inconsistency.

With respect to the terminology he used, I would very much like the member to explain to me how that is consistent. To the majority of people who heard that decision, this is total inconsistency coming from a government that calls itself transparent and that wants to hold people accountable.

I am the Bloc Québécois critic for public works and government services. I will never see the minister in this House. How can you explain this, from a government that advocates transparency and accountability?

[Christian Paradis, Conservative, Parliamentary Secretary to the Minister of Natural Resources]

Mr. Speaker, I thank the member for her question.

I am part of a government that wants to listen to Canadians. The greater Montreal region accounts for nearly half of Quebec. It is therefore unimaginable that this region should not be able to make itself heard. The Prime Minister has made the wise decision to appoint a representative from that important region so that the issues can be discussed in the proper places.

[Peter Stoffer, NDP, Sackville—Eastern Shore, NS]

Mr. Speaker, I hope the hon. member does not take my criticisms too hard, but it is very difficult not to be cynical when he said in the preamble of his speech that we were elected in a democratic process. The trade minister was not elected in a democratic process, he was appointed. Since then, we have had an appointed senator, a floor crosser who was given a cabinet post, three or four Conservatives who we know of who have been appointed to prominent positions within government agencies, and the list goes on.

He says that he wants to listen to Canadians. Canadians do not accept this. The Liberals did this and every time it happened, the Conservatives got up from their chairs and screamed like banshees that this was wrong. Now that they are in government they seem to say think it okay. They are going to do all these things first and then forget about them later.

The other day the Prime Minister was asked a question about a fundraiser that he was having in New Brunswick, at $500 or $1,000 a plate, which would be against the new rules, if passed, for federal politicians. The Prime Minister has to travel from here to New Brunswick. Will it be the PC Party of New Brunswick that pays for his travel to New Brunswick for a PC Party event, or will it be the taxpayers of Canada who pay for the Prime Minister to fly on the Challenger to attend a party event in New Brunswick?

[Christian Paradis, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I thank my colleague for his question. He has raised a lot of different points. I would like to come back to the case of the Minister of Industry.

The Minister of Industry was elected democratically. The Prime Minister is clear on that point: if members want to introduce a bill, no one is preventing them from doing that in this House.

With respect to the fundraising campaign in New Brunswick, I believe that the Prime Minister was extremely clear. He complied with provincial legislation and the federal government has nothing to do with it. It goes without saying that in the course of his duties the Prime Minister has to travel everywhere in Canada. I do not see a problem in any of that.

[The Acting Speaker, Royal Galipeau]

Before resuming the debate, it is my duty, pursuant to Standing Order 38, to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Windsor West, Canada-U.S. Border.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I will be splitting my time with the member for Skeena--Bulkley Valley.

I would like to congratulate you, Mr. Speaker, on your appointment.

We are faced with an opportunity today to change the way things are done in the federal government. The legislation before us does take some important steps in remedying the lack of accountability and transparency between Parliament and government. However, there are some measures lacking that would make Parliament and government more accountable to Canadians.

Prior to the election last November, Ed Broadbent and the NDP demanded changes in ethics and accountability. The New Democratic Party proposed the following set of ethical reforms.

First, we called for democratic accountability for MPs. This means that no MP would be able to ignore his or her voters by leaving the party that he or she ran for and crossing the floor to another party without first resigning their seat and running in a byelection. We must put an end to the political opportunism that accompanies the backroom dealing in floor crossing and the accompanying job offers for personal gain. This simple rule would help to restore a measure of trust that has been replaced by voter cynicism. It is unfortunate that this measure was not included in this accountability legislation. My party is committed to banning floor crossing and will continue to demand this accountability measure for Canadian voters.

Second, we believe that election dates must be fixed. The date should be every four years, unless a minority government is brought down because of non-confidence. The large majority of the world's democracies do not give the party in power the right to determine when to call an election. The prime minister and the ruling party use this measure to ensure that elections are called at a time that is most beneficial to their re-election bid. This is anti-democratic. Fixed election dates would add fairness and transparency around elections for Canadians.

The power of the prime minister to set election dates has other negative effects on the way our government operates. Much of the business of government stays on hold when the possibility of an election looms. The longer the period of uncertainty, the less that we are able to accomplish for the voters who sent us to Parliament. This measure was also not included in the accountability legislation.

Third, we called for spending limits and full disclosure on leadership contests. As Ed Broadbent pointed out, parties are not private clubs. The legislation does include a ban on all corporate and union donations, something with which this party agrees. However, while we have strict spending limits on election campaigns, candidates and local riding associations, the amount spent by those seeking to lead their parties is limitless. This is a major deficiency in accountability to the citizens of our country who finance our parties. Often a new leader of a party will become the Prime Minister of Canada before facing the general electorate. We deserve to know as much about how he or she arrived at the most powerful office in the country. This new legislation does not accomplish this and that is unfortunate. In a democracy, leaders of parties should not be chosen simply by the virtue of unlimited access to money.

Our fourth demand was electoral reform. In the recent Speech from the Throne the government committed to involving parliamentarians and citizens in examining the challenges facing Canada's electoral system and democratic institutions. I am encouraged by this, but I am also aware that serious reform will take serious action. In Canada every vote should matter. Ninety per cent of the world's democracies, including Australia, New Zealand, Scotland, Ireland and Wales have abandoned or significantly modified their original electoral system. However, this is the same electoral system that still exists in Canada.

Not only would we attain a House of Commons that numerically better reflects the way people vote, but with much better regional representation in all party caucuses we would more likely have better decisions and more thoughtful debates on regionally divisive and other important issues. In addition, empirical evidence drawn from other countries strongly suggests that women and minorities would be much better represented in the House of Commons.

I believe it is imperative for Canada to change its electoral system so that Canadians can receive what they voted for and have their elected officials work on their behalf in the most meaningful and positive way. I, for one, will welcome the day when the mindless exchanges in our question period cease to be the standard by which Canadians judge our national political behaviour. My party will continue to work to ensure that our present electoral system is improved, making us more accountable to Canadians.

Our fifth objective was the elimination of unregulated lobbying. While this new act toughens regulation of lobbyists, including “Ed's clause” to ban success fees, it falls short of ending the practice of awarding government contracts to firms that also lobby government. There is also nothing to stop anyone from going to work for a lobbyist; he or she is stopped only from being a registered lobbyist.

The sixth measure in the NDP ethics package was a change to the way government appointments are made. The New Democratic Party has proposed that the government develop skills and competence related criteria for all government appointments, that these criteria be publicly released, and that committees scrutinize appointments.

This new act does create a new process that would improve the way government appointments are made, including a new public appointments commissioner, whose own appointment is now called into question given his links to the government. However, this process for appointments is kept with the PMO and therefore is not independent. The unfair and unethical patronage practice of government appointments must end. The NDP would ensure that any Canadian who qualifies for these positions on boards, commissions and agencies would have equal access and thus again bring accountability to all Canadians.

Another objective was to ensure serious reform to access to information legislation. I am sad to say that access to information reform is limited in this act. While it is expanded to include seven officers of Parliament, seven crowns and three foundations, comprehensive and meaningful reform has not been included in the act but instead has been sent to committee as a draft bill and a discussion paper. Canada badly needs the improved Access to Information Act. Canadians want more access to information about their government. My party is committed to accomplishing these objectives.

My colleague from Winnipeg Centre has worked tirelessly on this matter over the last two sessions of Parliament. His proposed changes would lead to the real openness and transparency that Canadians want in Ottawa.

I would like to conclude by discussing the long awaited legislation to provide for the protection of persons who are involved in the disclosure of wrongdoing in the workplace. These workers provide support for the government's agenda and must be protected against retaliation when they honestly and openly raise concerns that are evident to them in the workplace. This is the only way for Canadians to become aware of any wrongdoing, either ethical or legal, in the government departments they support. These women and men have been waiting too long for this protection from their government.

This act allows for disclosures to be made directly to the commissioner, who would now have the authority to deal directly with complaints both from public servants and the public. The NDP supports the initiative to remove the process whereby allegations were made to a middle person before a complaint was brought to the commissioner.

We are concerned, however, that whistleblowers would not have the right to seek remedy through the court system even as a last resort and also that in cases of retaliation a whistleblower would be referred to a “tribunal” headed by judges who are appointed by the Prime Minister. However, we are confident that we can influence the necessary changes to this act so that it is truly accountable to all Canadians.

[The Acting Speaker, Royal Galipeau]

Before we go to questions and comments, I would like to make a comment of my own and it has to do with cellphones. I know they are fun toys, but please turn off the music.

I recognize the hon. member for Nepean—Carleton under questions and comments.

[Pierre Poilievre, Conservative, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I thank the member for his very informative remarks and for his very committed work, in particular to protect whistleblowers, as he strives to better represent the thousands of public servants who live in his constituency.

He said in the closing portion of his remarks that he was concerned about the tribunal process we have in place to protect whistleblowers. That process includes a group of judges who are active in part of the judiciary, who would listen to grievances by whistleblowers, offer restoration where necessary and discipline where they must.

He questions the independence of that process given the fact that the Prime Minister would choose the judges who would be involved in the tribunal. In the very next breath, he said he wants to use those same judges through the court system. If he questions the independence of judges who form, evidently, the basis of our judiciary when it comes to the tribunal, why is he perfectly willing to accept judges in the courtroom as the protectors of whistleblowers?