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.”

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:10 p.m.

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I thank my hon. colleague for his excellent question. This is in fact a member whose questions are always excellent because, I should point out, he always cuts to the chase.

I would like to bring up an element of the Conservative election platform which said—and please listen to this and try not to die laughing:

A Conservative government will... Implement the Information Commissioner's recommendations for reform of the Access to Information Act.

Some of us do find it hard not to laugh when hearing such a statement because that is not really what the government is doing right now. This is absurd. I think that in fact what the people of Quebec and Canada really feel like doing is to cry, especially since that was an election promise. There is nothing worse than a broken promise to cause the public to lose confidence in a person or an organization. The fact is that people lose confidence in any organization, group or political party that breaks commitments. It is written in black and white:

A Conservative government will... Implement the Information Commissioner's recommendations for reform of the Access to Information Act.

That commitment was made in November. A mere six months later, here is the deal, as we found out at committee yesterday: this government has no intention of reforming the Access to Information Act. The Minister of Justice nonchalantly told the committee about some existential angst, some concern of his about the Information Commissioner's transparency legislation, thus asking that we think it over and submit a few more reports to him.

That does not work. It is clear that this government lacks political will. It is also clear that the Conservatives do not want any transparency in their government. I would just ask that they make perhaps a bit of an effort to “transparently” admit it. Let them come out and say that they do not want the Access to Information Act to be upgraded. They should just say so. It would make life much easier. No one would waste their time and everyone would then be able to start off in a new direction.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:15 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I would first like to congratulate my colleague from Saint-Bruno—Saint-Hubert on her excellent work and her excellent presentation.

I will also take this opportunity to commend the excellent work done in committee by our colleague from Repentigny. He took the time and had the patience to try, for hours and hours, to make the government understand that it had to take all the time needed to do the job right. He had no shortage of either time or patience. He was even prepared to give of his time for the entire summer so that he could talk to the government members about how this accountability act has evolved.

The Bloc Québécois’ position has never varied: the ethics of this Parliament have to be changed, and the job has to be done right. That has always been the message delivered by the Bloc Québécois.

Our colleague from Repentigny has consistently delivered the same message and invited his colleagues to take the time that was needed to genuinely change the ethics of this administration, of this Parliament, and the way that the government of Canada operates, a government that, over the years, has set about evading virtually every law there is and making off with taxpayers’ assets as if they were its own.

That is rather like what was done in the case of this Bill C-2, which has been presented to this House. But the men and women listening to us, Mr. Speaker, have to try to understand how Parliament works.

Introducing a bill is all very well, but when a government is in a minority position, a bill that it brings forward has to be studied in committee and have the benefit of the improvements suggested by the opposition parties, who, you will have noticed, hold a majority of the seats in committees. In a minority government, it is the opposition parties that are in the majority in committees. The government must therefore take all parties’ positions into consideration, and not just enter into misalliances of convenience, as the New Democratic Party did, to try to push the bill through and get a few minor improvements, so the NDPers will be happy and, once again, a bill will be passed that will not solve the entire problem.

When we analyze a bill that is presented in Parliament, we have to know where it comes from. Where does this accountability act come from? It is the direct descendant of the sponsorship scandal. For everyone in this House, including the new members, the sponsorship scandal is the biggest scandal to have hit the federal government in its entire history. Those are the facts.

Today, the bill they are trying to ram through is the very foundation of the entire operation of the government of Canada. The scandal that struck the people of Quebec, and others, deserves the time it takes for us to be able to pass a bill that will guarantee to Quebeckers that no one will ever again try to buy their social conscience with their own money. That is what they tried to do. That is the tragedy of the sponsorship scandal: taking the public’s money and giving it to advertising agencies that handed it over to political parties. We want to do the right thing.

I encourage my colleagues in the Conservative Party, especially the new members, to take another look at the Gomery report, to re-read what the judge said and even the questions asked before the Gomery commission. The reality, ultimately, is that there was a culture of silence. The bill before us today will do nothing to stop that. The proof lies in what the Information Commissioner said.

During the last Parliament, I sat on the committee responsible for studying access to information and the duties of the other commissioners. The Information Commissioner said that there was, in fact, a culture of secrecy. There was no paper trail, no documents. That is why some of the guilty parties have not been punished: there was no documentation. People talked. Paul’s office talked with Pierre’s office. Somewhere, everyone talked with each other in Jean’s office. So Pierre, Jean and Jacques were all there. The problem is that there was no paper trail.

The Information Commissioner told us in regard to the accountability bill that we should watch out because it did not get to the heart of the problem at the Gomery commission and in the sponsorship scandal. Everything was done without documentation.

The accountability bill does not deal with this problem at all. The Bloc’s concerns are therefore very understandable.

In its election campaign, the Conservative Party said that when it arrived it would clean everything up and introduce a bill to prevent what had happened in the past from happening again.

I encourage my Conservative colleagues to read the recommendations in the Gomery report, which also said that this bill did not go far enough. The Conservative Party’s cure for the disease of corruption does not remedy anything because it does not prevent the culture of secrecy. The government will not keep any trail and public servants will be able to continue to communicate by telephone without having to put anything in writing. That is what happened in the sponsorship scandal: everything was done on the phone and nothing was in writing.

When the Information Commissioner received requests, whether from Mr. Justice Gomery or all the various departments, he could not find the documents that were requested. That is what Commissioner Reid still says today when he maintains that this bill does not change what is important, namely the fact that everything is based on access to information but only to the extent that the information is available.

So you will understand why our colleague from Repentigny went to such lengths to try to make the other parties, especially the Conservatives and the NDP, understand that they should not go so fast. Some very important things were criticized, and this bill does not change them.

The most important of these things is to require that the administration keep written records and keep all the documents about every issue, every program. This bill does not do that, as the Information Commissioner and others said. Access to information is not amended, so no information is available, and there is no requirement to keep any information.

A full-scale reform of the situation that gave rise to the sponsorship scandal is needed. Yet this is not what the Conservative Party is doing. The Conservative Party is playing politics. It has a minority government, and it had high hopes of quickly winning a majority, but this will not happen. Why? Because too many Conservative members do not realize that by going too fast, they are not fixing anything.

Obviously, no one could be against the principle of the bill, which is a step in the right direction. But this is not what the Conservatives promised during the election campaign. They promised to fix the problem.

Hon. members will no doubt understand why the position of the Bloc Québécois was clear, why our leader explained the Bloc's position. This bill will not fix the real problem that led to the bill: the sponsorship scandal.

As a result, if we pass this bill, there could be another sponsorship scandal or another scandal where public money is misappropriated for strictly partisan purposes, simply because the Access to Information Act has not been amended, because there are no requirements and because the guilty parties will not be penalized, as the Information Commissioner recommended. During the last Parliament, not ten years but just eight months ago, he tabled in our committee, at the committee's request, a bill to amend the Access to Information Act.

At the time, the Conservatives were in agreement; there was unanimity. The Information Commissioner had been asked to put forward legislation precisely to allow him, who has to field requests from all departments whenever a scandal like the sponsorship scandal breaks out, to provide all the information and to ensure that all pertinent documents are available. So, the commissioner put forward a bill himself. This was the first time that a bill prepared with his staff and legal counsel was put forward by a commissioner to tell us what was required.

However, in its accountability bill, this government totally ignores the Information Commissioner's recommendations, which were at the heart of it all.

Obviously, as you can understand, Mr. Speaker, the Bloc Québécois will support this measure. It does not make things right, however, because the Conservatives said they were going to deal with programs like the one involved in the sponsorship scandal. It is obvious that this bill does not do that.

We will support this measure, which is a very small step for a government hoping to become a majority government very soon. Once again, Quebeckers will realize that this attempt at dealing with a problem is nothing but smoke and mirrors and, therefore, will continue to turn to the Bloc Québécois, and the hon. member for Repentigny among others, to defend their interests.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, Bill C-2 prevents large corporations from donating money to a political party. If we look back to the sponsorship scandal, we know that some were tempted to do that. Indeed, as we saw in the Gomery report, funds were transferred to a political party, namely the Liberal Party.

So is this not at least a step in the right direction? A bill can always be improved. This is why Parliament did not close its doors a hundred years ago. It still exists today and will continue to exist. Does this bill not represent at least the beginning of a process to eliminate corruption?

In the sponsorship scandal, the government did not give money to companies for nothing. That money found its way back into the party's coffers. With Bill C-2, at least we know one thing for sure: the temptation will not longer exist, regardless of which party is in power.

My question is simple. Does the member not think that we are moving in the right direction? If people are given a slap on the wrist, they may not want to take money from taxpayers anymore.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:25 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am glad that my colleague from Acadie—Bathurst asked me that question because it is a good example of the New Democratic Party's philosophy. The only thing they are interested in is taking money away from the Liberals. It is purely political. The NDP has the same goals as the government. In the short term, it wants to take money away from the Liberals.

We have taken care of this problem in our neck of the woods: in Quebec, Liberals have pretty much disappeared. The NDP could not manage that in the other provinces, but that is its problem. We have no problem waiting three or four months to get a real bill that would stop the entire administration from using the people's money and creating more scandals.

We got rid of the Liberals. I realize the NDP did not. The problem is that for short-term partisan and political reasons, the NDP is shelving what was the seed of a true revolution whose goal was to ensure that we will never again have to resort to a judge like Judge Gomery to resolve disputes between Canadians and bureaucrats.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, I do not agree with the hon. member when he says we are politically motivated. We simply want to be reasonable. There is a political party that was not reasonable, like others may not have been either. However, Bill C-2 is a start. It allows us to say it is time for this to stop. The only reason money was given to the companies and the promoters was that it ended up back in the coffers of the political party.

Would someone say we want to put an end to this situation for political reasons? I think we are here to be politically active. We live politics from dawn to dusk. We just want to put an end to the misuse of taxpayers' money.

We had good programs, including the transitional assistance program through which Jean Chrétien gave money to the owner of the Auberge Grand-Mère in Quebec, to whom he had made a loan. Bingo. He recovered his money and said this was normal, “He owed me money and he paid me back”.

Yes, but we lost the program. It was a good program through which our small and medium size businesses could get money.

My colleague talks about Bill C-2 as though it were just a case of politics on the backs of the Liberals. And yet I remember not so long ago that the Bloc Québécois voted in a way that made the Liberal government fall and led to a general election.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:25 p.m.

The Acting Speaker Andrew Scheer

I apologize to the hon. member, but we have to allow enough time for the member for Argenteuil—Papineau—Mirabel to respond.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:25 p.m.

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, the problem is simple. The Auditor General, even with regard to the sponsorship scandal, stated that all the rules were in place. However, they were not followed.

The problem reported by the Information Commissioner is that there is a culture of secrecy. When people have wrongdoing in mind, there is a culture of secrecy and no one writes, they telephone one another. My problem today is that another scandal could break out, this time caused by the Conservative government. My NDP colleague does not see it because he wants to settle a score with the Liberals. That is fine, but all the Bloc Québécois wants to do is to prevent another party using the same tricks as the Liberals and doing this all over again. It is for this reason that we wish to take three or four months longer and that our colleague for Repentigny was prepared to work harder. We did not want to just rein in the Liberals; we wanted to eliminate any temptations the Conservatives might have. The NDP may realize this one day.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:30 p.m.

Bloc

Yvon Lévesque Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Mr. Speaker, it would have taken hours to make this bill acceptable, and I do say “acceptable”, in spite of the concessions made to the members of the Bloc Québécois who sit on this committee. I take this opportunity, moreover, to express to them my admiration. I am talking about the members for Repentigny and Saint-Bruno—Saint-Hubert. Up to now they have been sitting for 42, 43 and even 45 hours a week in order to study this bill.

Many workers will say that is nothing, since they work that many hours every week. But I am talking about 42, 43 and maybe even 45 hours just studying this bill. They still had to do their office work here in Ottawa and in their constituency. I can assure you that they are very present in their ridings. I am talking about the members of the Bloc, of course, because I know them.

This bill, the French title of which the government agreed to improve, further to the repeated demands of the Bloc Québécois, was suggested in large part by the Gomery commission. I say “in large part” because a lot of redundant, irrelevant and unverifiable statements were added, as we shall find out in the future. It will be hard for a layperson to interpret it; it will be one more law to make the lawyers wealthy.

A coincidence maybe, but this morning this is a topical subject, what with the case of Charles Guité. Is his sentence deserved? I think so, of course, but at what level would a psychologist, especially a military one, have evaluated his degree of responsibility? That would have been interesting to know when creating a law like the one we are presenting today.

The credibility of this bill would be tarnished if this government used it as an election springboard. This means that it is now, at the same time as this bill is enacted, that the procedure must begin, if the government is serious, of course.

There are other public servants like Charles Guité who think that their duty forces them into unconditional loyalty. In this case, he had been a soldier who had learned to carry out orders. As a soldier, it was not up to him to ask questions. He had his mission. And this bill was to be the rule that would make it possible to seek out the person of whom someone like Guité could not ask questions. I doubt the capacity of this law to do the job.

However, as I said at the beginning of my address, our Bloc representatives on this committee managed to get enough changes made for them to feel that not all the time they spent working was in vain.

The Auditor General will be somewhat disappointed to note that she still does not have access to all government services and crown corporations, once again due to one party's lack of political courage. Although that party was very brave in opposition and during the election campaign, it loses its nerve when it is time to act. If this is any consolation to the Auditor General, I would like her to know that the Bloc Québécois, myself included, is just as disappointed.

The Auditor General, as I know her role, and who will serve as a reference point for several years to come, will certainly be happy to maintain her political independence and to acquire additional powers, even if they are still insufficient. She must be fed up. Even though I was not terribly pleased with this bill, I think I would support it simply to be able to continue to applaud her work.

Unfortunately, nothing in life is ever perfect. What casts a shadow on this bill is the absence of real sanctions for those who violate the ethics legislation. However, the commissioner is so closely monitored in his duties that, if he announces an offender, it means that he really and truly has no choice. Whatever the members of this government may be guilty of or believe they may be criticized for, that is up to them to judge.

They are so perfect, they do not want to implement Kyoto, but it is not their fault; the Liberals were the ones who polluted. They do not want to pay back the money taken from the EI fund; again, the Liberals are to blame for taking it. They do not want to create an agency to monitor gas prices; that was the Bloc Québécois's idea, and the oil companies might become separatists some day.

Surely they have no need to worry, they are so perfect! And like angels, if they make just one little mistake, like changing parties after leading the voters to believe that the other party is the devil, they lose only one wing, after all.

Does the Ethics Commissioner really have all the powers and the independence—above all, the independence—necessary to perform his duties? Allow me not to think so. The complaints of citizens, among others, will still be filtered by parliamentarians. They will be losing more than wings.

The public will say, probably rightly, that the corrected political party financing legislation is a fine smokescreen cast in the face of the electorate. I do not think they will be far wrong.

One has to be realistic. Quebec has made every effort to try to clean up the political party financing legislation, but something is always happening to distort the data. Take the example of a minister who announces a government grant in a community. Is this not a political message to those who will benefit from that grant? And yet it is taxpayers’ money that is paying for the financing and announcement of this project. Is this recorded in the financial books of the party in power?

We have a flagrant example with the Quebec Election Act, which is a very good law. In the Mont-Orford case, it appears that the shareholders, destined to be the biggest winners of this privatization, are very good financial backers of the party in power. Can this reward be considered an encouragement to new financial backers? Will it simply encourage the same backers to continue contributing so generously? That is the impression left with the population.

When that population understands that smoke has been thrown in its eyes, as in the case of Quebec’s presence at UNESCO, the sentence is a stiff one. Just ask our neighbours on the benches.

With regard to the Access to Information Act, I would like to remind this government that, no later than last fall, it supported a unanimous motion of the Standing Committee on Access to Information, Privacy and Ethics. That motion rejected a suggestion by the justice minister on setting a deadline for review of the act.

No later than last January, this party was saying on page 13 of its election platform:

A Conservative government will:

Implement the Information Commissioner’s recommendations for reform of the Access to information Act.

Does our view of ethics not change, once we are in power?

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:35 p.m.

The Acting Speaker Andrew Scheer

Is the House ready for the question?

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:35 p.m.

Some hon. members

Question.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:35 p.m.

The Acting Speaker Andrew Scheer

The question is on Motion No. 1. Is it the pleasure of the House to adopt the motion?

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:35 p.m.

Some hon. members

Agreed.

No.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:35 p.m.

The Acting Speaker Andrew Scheer

All those in favour of the motion will please say yea.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:35 p.m.

Some hon. members

Yea.

Motions in amendmentFederal Accountability ActGovernment Orders

June 20th, 2006 / 1:35 p.m.

The Acting Speaker Andrew Scheer

All those opposed will please say nay.