An Act to amend the Parliament of Canada Act and the Access to Information Act (transparency)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Justin Trudeau  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of April 1, 2015
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Parliament of Canada Act to require the Board of Internal Economy of the House of Commons to open its meetings, with certain exceptions, to the public. It also amends the Access to Information Act to modernize and clarify the purpose of the Act and to give the Information Commissioner the power to make compliance orders.

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.

Votes

April 1, 2015 Failed That the Bill be now read a second time and referred to the Standing Committee on Access to Information, Privacy and Ethics.

Access to Information ActGovernment Orders

June 13th, 2019 / 4:55 p.m.
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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I am honoured to participate in this important debate. I want to say at the outset that what we are technically addressing is a motion by the government that would refuse the 19 or 20 amendments to Bill C-58 that were proposed by the Senate. The NDP opposes the motion. It cannot support a bill that does not include the amendments that were brought to this place by the Senate. I will explain why in my remarks.

It is a very disturbing situation we find ourselves in. During the election campaign, the government committed to transparency. Indeed, the Prime Minister, when in opposition, introduced Bill C-613, an act to amend the Parliament of Canada Act and the Access to Information Act. We could call it the transparency bill. Bill C-58, therefore, is not something the Liberals simply decided to propose on a whim. It was the result of a considered effort by the government to deliver on an election promise on transparency.

It was a total disappointment when it came forward. That is not me speaking. It is from the former information commissioner of Canada, Suzanne Legault. Members know, just as I do, how unusual it is for an independent officer of Parliament, such as the Information Commissioner, to give the kind of criticism I would like to read into the record today.

On September 28, 2017, when the bill first came forward, she said that bill would “take people’s right to know backwards rather than forward”, according to the National Post. The article went on:

In her first substantive comments on the legislation, [the former commissioner] said the measures fail to deliver on Liberal election promises. “If passed, it would result in a regression of existing rights.”

She put forward 28 recommendations to improve the legislation, and they are not found, in any significant degree, in Bill C-58. That is why, when I stood in this place during debate on the bill earlier, I reluctantly said, with sadness, that we had to oppose the bill. If the government is not even prepared to take the baby steps represented by the Senate amendments, clearly we cannot afford to pass what even the commissioner so eloquently said was a regressive bill. She is right, for reasons I will come to.

Like the member for Louis-Saint-Laurent, who is justly acclaimed for his awards in the world of journalism, I received an award as well for my work on freedom of information. It was from the hon. Ged Baldwin, who was once the member of Parliament for Peace River, for work I did at graduate school and then with the Canadian Bar Association, so many years ago, lobbying for an access to information act. It was modelled on legislation other countries have taken for granted. The United States has had it since the sixties, Sweden since the 18th century, and so on.

Finally, Canada got an access to information act. However, it is old. It was passed in the eighties. It is from horse-and-buggy days, yet some of those old features have not been corrected in the bill before us.

I care deeply about the issue. I think it is central to a democracy. The Supreme Court of Canada has called the right to know, freedom of information and access to information a “quasi-constitutional right” Canadians have. When the former commissioner says that the bill is regressive and is a step backwards, despite the bold promises of transparency the Prime Minister made when he was leader of the third party in the House, we can imagine the disappointment of Canadians.

Of course, it is not only this Canadian who has that disappointment. I should point out that Canadian Journalists for Free Expression and the Centre for Law and Democracy called the bill “inadequate” and asked that the government withdraw it.

The Senate has brought forward improvements, and for the government to say it cannot even go there is frankly shocking.

What is wrong with the bill? I do not quite know where to start. One thing it gets right, I concede, is that for the first time, there is an order-making power for the commissioner.

Just to step back, what should an access to information act contain? It should contain three things.

First, it should contain a general statement that the public has a right to government records.

Second, it should have obvious exceptions to that rule. We can all guess what they are. They are all included in this legislation, and then some. They include cabinet confidences, business information, policy advice, solicitor-client records and information that if disclosed would be injurious to national security or international relations. There are the rules, and there are exceptions.

Third, there should be an independent umpire in the game. Until this bill goes through, that umpire, the Information Commissioner, has only been able to make recommendations, which the government has frequently ignored. Now there would be something like an order that could be made and enforced in the Federal Court. That is something I believe is worth support. I also support that there would be a legislative review of these provisions within five years. I think that is good.

I talked about Liberal promises. One thing the Liberals talked about constantly in the last election was that the bill would be extended to the Prime Minister's Office and ministers' offices. Those records would be available. They are available in provincial laws. They are certainly available in my province of British Columbia. That was a black and white election promise that has now been broken by the current government. There is no way to sugar-coat that.

The Senate amendments would improve it and give it a bit more teeth, but that is simply not on in terms of this legislation. I am grateful to the Senate for the 20 amendments that would, if passed, allow us to begrudgingly accept the improvements in this bill. However, the government has now put us on notice that it does not want to go anywhere near them. It likes the bill the way it is, despite the fact that it was castigated by everyone who knows about access to information in Canada. The academics and journalists who studied it and the advocates out there who use it as a tool to hold their government to account all said that it is not going to work and that it is just not enough. That was sad to me.

In opposition, the Prime Minister said, “a country's access to information system is at the heart of open government.”

I talked about transparency. The Liberals seemed to like it in opposition. The Prime Minister said during the campaign, “transparent government is good government.” That was something he said during the campaign.

Let us get more specific. He said:

We will...ensure that Access to Information applies to the Prime Minister’s and Ministers’ Offices, as well as administrative institutions that support Parliament and the courts.

Unfortunately, that did not happen in this legislation.

What the government likes to talk about is what it calls proactive disclosure, which is a good thing. That is when a minister travels and puts his or her expenses on the website so Canadians can see whether there has been abuse. That is done proactively. If one goes to the website, there it is. Frankly, it is old hat in Canada. It has been around for decades in the provinces. However, as much as I like that, the fact is that it is not what people want. If they want to apply to that minister's office to understand about a particular contract or something for which the minister is responsible, they cannot get anywhere with it, because the ministers' offices are not subject to the law. It is a bizarre aberration.

I had the good fortune of being the unpaid adviser to the attorney general when B.C.'s freedom of information act was brought forward. I can say that we did a lot of consultation. I think there were 52 amendments made on the floor. The bill was passed unanimously and was praised as the best bill in the Commonwealth when it came forward. Unfortunately, it needs more work. I hope it is amended, like this bill. Nevertheless, it was the gold standard at the time. There was never any question about ministers' offices not being covered.

The government has what is called in the trade a “Mack truck clause”. It was not changed. It is the clause that was section 69 in the original bill, the cabinet confidences Mack truck clause. What does that mean? Rather than just being an exemption, an exception to the rule, of which I spoke earlier, the act does not even apply to it. What does that mean? It means that we cannot have the commissioner's office or anyone else deciding whether stuff has been stuffed into a cabinet record to evade the law on the right people have to access information. It is called a “Mack truck clause”, or often, “cabinet laundering”. That means that the government sticks a record in the cabinet. I am not saying that this happened. I am not suggesting bad faith, but it is certainly possible under the law. That is why it was so criticized during the day.

What else does the Senate do that the government will not go near? We have heard a lot about Mark Norman today. The Senate would add a clause that would create a new offence forbidding the use of any “code, moniker or contrived word or phrase in a record in place of the name of any person, corporation, entity, third party or organization” with a view to evading the duty to disclose and release records under the act.

We all know why that is there, because it is notorious that to evade the law on access to information, the Department of National Defence did not even use the name of Mark Norman or his rank. It used a phony word, contrary to the spirit of the act and certainly the letter of the act. This would make it clear that this could not be done in the future, which seems to be good public policy.

It seems to me obvious that if the government intends to evade the letter and spirit of the act, as this government has done, we would want to correct that misbehaviour. The Senate saw through that, proposed amendments and brought them here, and the government has not even allowed us to talk about them. We are going to just put them all aside. That is quite disturbing. It is not a theoretical problem, in other words. It is a real problem that the Senate wanted to address, because we got wind of it in the litigation involving Mark Norman. The government will not fix it. It does not even want to go there.

There are some other changes that are technical in nature, but the big principle is that the bill, after so many years of ossification, is rusting out. The bill came forward before we even had computers, and now the government is doing tinkering and patting itself on the back for doing what in other jurisdictions has been the law for a generation.

I am hard pressed to find things to say about the bill that are positive. I appreciate the fact that there would be a five-year review and that, as I said earlier, finally, in keeping with all the provinces' laws, the order-making power would be available to the commissioner. That is pretty thin gruel after all these years. Nevertheless, it has to be acknowledged as a positive change. However, on balance, the bill is very, very disturbing.

I wish I could be here saying that the bill has merit. I wish I could be saying that there were some of those things I talked about, like cabinet confidences being a regular exception for which courts and others would have the theoretical ability to review disclosure decisions, but there is nothing here that would do that.

There is another issue. That is the duty to document. One of the modern issues that has come forward is that to evade the public's right to know, there is a great oral tradition that seems to have emerged. Things are not written down in government documents. Either little yellow stickies are put on them, which are removed when disclosure applications are made, or, more frequently, a record is not made at all. We have seen that in British Columbia, the development of the so-called oral culture of government.

The notion of documenting and having a duty to record for future generations and others just exactly what decision was made and for what reasons is lacking. In administrative law, there has been a growing commitment, the courts have found, to provide reasons for decisions that are made. Sometimes access to information has been a tool to elucidate the reasons a particular decision was made, so people have been calling for a duty to document. There is no such thing in this law, I am sad to say.

In conclusion, the government has taken off the table all the work the Senate did that would have made it possible to support this bill. The Senate amendments made it better, said Caroline Maynard, the Information Commissioner of Canada. Had those amendments gone through, the New Democratic Party would have supported this bill.

To take all those amendments off the table and leave what has been soundly criticized, in all quarters, by academics, user groups and journalist groups, and say that we should be happy with what is remaining is simply an outrage. We cannot dignify this with our support.

Foreign Lobbyist Transparency ActPrivate Members' Business

April 5th, 2019 / 1:45 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, I am happy to bring us home regarding the debate on Bill C-278 and the important public policy discussion started by our colleague from Renfrew—Nipissing—Pembroke.

I find it quite interesting to listen to NDP members and the Liberals in this debate. The Liberal speaker who preceded me suggested that everything was fine regarding lobbyist registries and that the regulations did not need to be updated. This is after two months of scandal related to intensive lobbying efforts by SNC-Lavalin to change the course of justice in Canada, which has led us to the largest political scandal in Canadian history.

In fact, the OECD has a group looking into the SNC-Lavalin affair. The OECD is an international body that has never investigated Canada before for rule-of-law concerns. This all stems from lobbying that commenced four months into the government's mandate, which led to the insertion of the remediation agreement provisions into the budget implementation act, an omnibus bill.

That lobbying was all above board and done correctly, but to dismiss concerns about the need to ensure our lobbying registries are the most current and effective in the world is a false argument at a time when we have been consumed by a scandal that, at its centre, was the government advancing the interests of a private corporation.

When my friend from Timmins—James Bay stood up, he had a piece of paper in his hand that looked like the bill, but he clearly had not read it. He went on a rant about a lot of his old nuggets from the Harper government days and talked about grassroots efforts. We know that money coming from foreign sources, unions or elsewhere does not represent truly grassroots efforts. At the very minimum, we should expect full transparency disclosure of any monies used to influence public discourse, public debate and the review of legislation in Canada.

Why do I say this? Why is Bill C-278 critical at this time in our history?

Today, at the G7 meeting in Europe, the Minister of Foreign Affairs said, “interference is very likely and we think there have probably already been efforts by malign foreign actors to disrupt our democracy.” This was what the Liberal minister said today at the G7 meeting about foreign influence in elections and democracies. This is why my colleague brought forward Bill C-278.

The last Liberal speaker should get on the phone to correct her minister. Perhaps she could say to her House leader that the Liberals should support what the Conservatives are doing to ensure we prevent interference.

Bill C-278 does two discrete and very easy-to-understand things. It would require lobbyists to disclose the source of their funding as well as disclose the intention of those foreign funds and lobbying efforts to influence proceedings in Canada, be they regulatory proceedings on pipeline review or legislative proceedings on the legalization of cannabis. Last I checked, most Liberal operatives seem to working that industry these days. All that will do is bring disclosure.

What is wrong with a little sunshine? We have this new chamber that allows in a bit of diffused light. That diffused and opaque transparency is what we get from the Prime Minister.

I find this the height of hypocrisy. As a private member, the member for Papineau was not really known for doing much in this place before he became Prime Minister, and I respect the role he has. His one private member's bill from the last session, about which maybe my Liberal friends who were elected in 2015 do not know, was Bill C-613, and I always thought it was ironic that it used the Ottawa area code. That bill was meant to update access to information laws.

When he was in opposition, he talked about having transparency by default. As Prime Minister, he has done the opposite. In fact, he has not lived up to one shred of the intention of Bill C-613.

The last information commissioner chastised the Prime Minister for his conduct with respect to access to information. We have just today debated code words being used within the government to delay disclosure in the Norman affair. We have heard that ATIs asked for by La Presse will not be available from the government on the SNC matter until after the election. There has been zero transparency from the Liberal government, this Prime Minister and the small group of people around him.

Let me say why this sunshine is needed and particularly why l am concerned that we seem to be fine with not tracking foreign money in our country. I would invite members, including Liberal and NDP members, to watch Wendy Mesley's interview with Vivian Krause. Because in the U.S. there is disclosure of tax records, of foundation reports to the IRS, of unions' disclosures of money spent on the legislative process, she is able to analyze U.S. documentation to track the spending of money in Canada.

In fact, it should very much concern Canadians, including in my province, where in the great recession when the auto industry was at the edge, the resource industry in western Canada led to more jobs than the auto sector did in Ontario. People in my community of Durham should be concerned that the Rockefeller Foundation, the Tides Foundation and the Hewlett trust were part of a Corporate Ethics International campaign to, in their words, “landlock Canadian oil”.

In fact, they were putting and syphoning money into Canada, into activist groups, into activities to actually stop regulatory proceedings with respect to resource development and getting those products to market. As a result, last year alone our national interests received $15 billion less than the world price for oil because of a deflated price that has hurt Alberta immensely. That is less tax revenue that we can spend at the provincial and federal levels on things that matter to Canadians. I think people should know if those projects are being delayed, cancelled or influenced by foreign money.

Therefore, what is wrong with a little disclosure, particularly from a Prime Minister who said transparency should be the default setting in government? Today we hear from the Liberals that the regulatory process is in order and the bill is not needed, yet in Europe, the minister is saying there is likely interference going on now with respect to our parliamentary democracy and our election this fall.

Bill C-278 is intended to address that. Let us at least get it to committee so we can talk about this situation. If we go on social media, on Twitter, what we see would probably keep most of us up at night because of the terrible environment. The last Clerk of the Privy Council called it a vomitorium.

The influence of paid operatives on Twitter may have influenced other elections before ours. Should we not know if some of those foreign influences are paying organizations on the ground here in Canada to impact Canadians and our decisions on our resources, on our projects, on our infrastructure, on whether indigenous Canadians will be able to benefit from resources on traditional lands. It is impacting our indigenous peoples and our democracy.

Bill C-278 is a modest proposal. I know the grassroots members of the NDP will survive without foreign money. They should support the bill. If the Liberal members listened to their own minister today, talking to G7 leaders about interference by foreign actors in political elections, then the Liberals should also support the bill. That is why I want to thank the member for Renfrew—Nipissing—Pembroke for bringing it to Parliament.

January 17th, 2019 / 1:10 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

I take issue with the amendment suggesting that the entire meeting should be in camera. I agreed with Ms. Vandenbeld's suggestion that this is a Canadian issue, and so Canadians deserve to hear, at least on a preliminary basis, what the Canadian response on the ground has been.

As Mr. Lukiwski has said, perhaps there should be a statement by Ambassador McCallum outlining the situation and outlining Canadian actions with respect to the Canadians detained on security and administrative grounds, and perhaps we could have one round of questions. If there were then some information he thought was sensitive, he could hold that for subsequent rounds, which would be held in camera.

I'd remind my Liberal friends on this committee that when the Prime Minister ran to seek the trust of Canadians, he ran on an open and transparent government. In fact, Bill C-613, Justin Trudeau's private member's bill in the last Parliament, set as a standard open government by default.

I think the default position should be that we hear from Mr. McCallum, that all Canadians hear a response from our ambassador on the ground so that families get some reassurance on Canadian action. We could have one round of questions from the three parties, and then the subsequent rounds could be held in camera, thereby allowing him to reserve sensitive information for the in camera session. I think that is a very reasonable compromise here to make sure that Canadians, through their parliamentarians, can have assurances with respect to safety.

I would add that just this morning I responded to a Canadian who said that the travel advisory was changed but that their travel insurance cannot be activated unless there is another change to a travel advisory. People are watching these things very carefully, and I think they need to hear from our ambassador, who is very well adept at appearing at committee. Perhaps that is a compromise in the spirit of working together on this.

Canada Elections ActGovernment Orders

February 2nd, 2018 / 12:45 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I found the exchange very interesting. It was a great speech by my colleague from Calgary Shepard. What is interesting is that our friend on the other side from Coast of Bays—Central—Notre Dame gave a speech in the last Parliament on transparency. In fact, he spoke on Bill C-613, sponsored by the Prime Minister, on accountability with respect to access to information. The lovely bromides we heard when he spoke in opposition are not being met in government. He said that bill would be “more accountable” than government had ever been. The bill had a subtitle of transparency.

He mentioned Suzanne Legault with respect to access to information and a range of things. Madame Legault criticized the Prime Minister for not meeting the needs of access to information with the bill before us. Now we have a political financing bill that is simply PR to respond to some of the inappropriate actions of the Prime Minister.

Is this really about transparency or is it about message control by the Prime Minister's Office?

November 6th, 2017 / 5 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Thank you, Mr. Chair.

I don't find your ruling hard to believe, because that's why I proposed this amendment instead of the other one. I would love to eliminate all fees, but I was anticipating the ruling that you just made.

I've only suggested removing the additional payment in section 11, essentially eliminating subsection 11(2). I'd remind my friends on the other side of the aisle that the Liberal Party platform says, “We will make it easier for Canadians to access information by eliminating all fees, except for the initial $5 filing fee.” Even more wonderful, from our historical archives, is a private member's bill from 2014, Bill C-613. It was put forward by the member for Papineau, who said in his speech at the time that the act “would require that only the initial $5.00 request be paid by Canadians, with no additional fees added on later.”

We have the member for Papineau's private member's bill, and the pledge from the Liberal platform. It seems to me that subsection 11(2) is in error, and the effect of my amendment would be to get rid of it.

(Amendment negatived [See Minutes of Proceedings])

Access to Information ActGovernment Orders

September 26th, 2017 / 1:15 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, the selective memory of our current government is interesting. Indeed, the Prime Minister himself, when he was a member of Parliament in the last Parliament, tabled Bill C-613, which absolutely flies in the face of what his current government is tabling. It is like the debt. It is like the carbon tax. It is like the small business tax that the Liberals promised to lower.

Once they got into power, they kicked up their heels and brought all their friends in and paid them via high-priced patronage appointments. They kind of forgot what their promises to Canadians were. However, I will tell the member that we on this side and Canadians will not forget.

Access to Information ActGovernment Orders

September 25th, 2017 / 1:30 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I rise on a point of order. I hate interrupting my friend in full rhetorical flight, but he is referring to the Liberal leader's Bill C-613 in the last Parliament and suggests that it was about proactive disclosure. He has been saying this in the House, when the bill, which I quoted in my speech, does not take that approach--

Access to Information ActGovernment Orders

September 25th, 2017 / 1:20 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I agree with my friend from Sherwood Park—Fort Saskatchewan. Normally we would bring modernization forward in such a way as to see the improvements that are recommended either by officers of Parliament, such as Madam Legault and others, or by aspirational politicians of the past, such as the member of Parliament for Papineau when he was in opposition and wanted to see far more from government. Now he is not fulfilling that.

I would also direct my friend to an interesting comment. I quoted at length my friend from Bonavista—Gander—Grand Falls—Windsor, who was the democratic reform critic in the last Parliament, when the Liberals were the third party. He also suggested in question period to my friend from Muskoka, who was the minister at the time, that salaries and full contract details for members of the Prime Minister's Office should be disclosed. I would like the member from Newfoundland to go to the PMO and suggest to the senior officials that full details on salaries, contracts, and the email correspondence should be accessible under access to information, because certainly that is what the Prime Minister sought as modernization through his bill, Bill C-613. It is also what the member from Newfoundland asked the Conservative government to do with respect to open government. I hope the modernization my friend asked about, the aspirations of the Liberals when they were in opposition, will slowly start meeting the reality of the Liberals in government.

Access to Information ActGovernment Orders

September 25th, 2017 / 1:20 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, when we are giving our speeches or asking questions or making comments here, we all focus on elements of our own past. I quoted the Information Commissioner and how she responded to how the government had responded to her recommendations. She said, “I am very please that most of these recommendations over the years have been implemented by the government.” I know that the member was not in the previous Parliament. However, she can refer to Madam Legault's comments.

Did the Conservative government do all of what was in Bill C-613, or in Pat Martin's private member's bill? No, it did not. I remember debating Pat Martin about one of his versions of the bill and suggesting that he bring the same disclosure he aspired to in government to his legal defence fund. Members might remember that from the last Parliament. He actually had unions contribute in a roundabout way, which I felt went around the rules for fundraising, to pay some of the bills for a libel action he had. I remember that debate. To his credit, Pat Martin did bring it regularly.

However, what I am highlighting today is the acute hypocrisy of the Prime Minister, because not only did we all see it in the “Real Change” document, and we have all referred to the Liberals' promise, but he brought a private member's bill forward in the last Parliament as the member of Parliament for Papineau. Just as we all bring bills or motions forward on areas we care the most about, that is what the Prime Minister said he cared the most about.

As I said, if we compare Bill C-58 to what he brought forward in Bill C-613 in the last Parliament, one cannot even recognize it. Certainly, at an absolute minimum, of the 31 broken promises, I think we all would agree that with respect to the Prime Minister's Office and all the cabinet offices, this is the most egregious of the broken promises. I am highlighting, based on my experience here in Parliament, where I think this falls short the most.

Access to Information ActGovernment Orders

September 25th, 2017 / 12:55 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I am happy to rise today to be part of the discussion on Bill C-58. As many of the members of the opposition have pointed out with some degree of consistency and clarity, this is perhaps the best example of the legacy of broken promises by the government. This broken promise in effect comprises 31 broken promises. In the midst of my speech I will address how this is not just a simple broken promise. Rather, it affects the entire open government concept paraded by the Liberals in the last election and goes to the heart of the sincerity of the Prime Minister on this subject. Many of the new members of Parliament were not here in the last session when the Prime Minister was the leader of the third party. However, when listening to my speech, members will learn that this was a centrepiece of the Prime Minister's time as MP for Papineau. He seems to have forgotten his passions from his time in opposition.

My friend, the member for Kings—Hants and President of the Treasury Board, in his remarks on this bill last week spoke a lot about his time in cabinet and how proud he was to be in the cabinet of Paul Martin. What was absent in his remarks was that he is no longer in that cabinet but in the cabinet of the current Prime Minister. Possibly he did not work that into his remarks because he was handed the biggest broken promise of the new session. It is never fun to have a prime minister make a minister come to the House of Commons to try to sell a dead fish. That is essentially what this bill is.

I will remind the members who did run on the Liberal platform of their promise. We all remember the various hashtags used by the government in the last election, hashtags about hope, hard work, and real change. “Real Change” was the title of their policy platform. What was contained in that platform? I will quote, “We will ensure that Access to Information applies to the Prime Minister’s and Ministers’ Offices, as well as administrative institutions that support Parliament and the courts.” That was a real change in the section of their platform that talked about open and accountable government.

On the page before that in the document the Liberals also talked about giving real independence to and listening to government watchdogs, such as the Information Commissioner. Many previous information commissioners have provided commentary that the Liberals suggested they were going to act on. I am sure there are countless former watchdogs who are quite disappointed that the Liberals ran on this commitment but have fallen far short. If we look at the Liberals' campaign promise to earn the trust of Canadians, they said that the Prime Minister’s Office would be governed by access to information, as well as all ministers' offices. There were 31 different offices they pledged to bring under the umbrella of access to information. Those are 31 broken promises contained in Bill C-58. Of the litany of broken promises by the government, this is probably the most ambitious because there are 31 broken promises rolled into one.

I would love to have seen the emails about the Prime Minister's trip to a private island, along with the current Minister of Veterans Affairs and various members of Canada 2020 or the Liberal Party of Canada. I have a hard time distinguishing them. We know dribs and drabs about that trip because senior officials at the Privy Council Office had a hard time making sure that the Prime Minister could remain in touch. This was at a secluded billionaire's island. The Government of Canada had a hard time keeping up with the vacation ambitions of the Prime Minister. Had the Prime Minister kept his promise, I would love to have read a bit about what his senior officials thought and how they were pushing the government to accommodate this very unusual request.

Similarly, with regard to the investigations of the Prime Minister by both the Ethics Commissioner and Commissioner of Lobbying, it is unparalleled for a Prime Minister to be subject to one, let alone two, investigations in his first two years. I guess that is real change, and certainly a big change from Mr. Harper. There were no investigations of him over nine years by those officers of Parliament. Now we have two. I would love to see the emails of Gerald Butts and Katie Telford on how to handle the investigation of the Prime Minister's fundraising dinners with Chinese billionaires, the same ones who are building a statue of his father in Canada before the Prime Minister's government builds a statue and monument to the Afghanistan mission. The Pierre Elliott Trudeau Foundation is going to make sure that Pierre Trudeau has a monument before the 40,000 Canadians who served in Afghanistan do. I would love to see a little bit of the commentary on that.

What we have heard from government members, and we are at the beginning of debate so will hear these talking points quite regularly now, is that instead of keeping their promise and providing that 31 offices would now be subject to the Access to Information Act, they are going to produce proactive disclosure. This is their key defence of their broken promise. They are going to release schedules, agendas, and draft question period documents and say those should satisfy us. No, they will not. As members will see, if they stay with me a few moments, this is far more than a broken promise in the real change campaign document to Canadians. Why is that?

I am going to refer to remarks by the Liberal MP for Coast of Bays—Central—Notre Dame, a good guy, I might add, a friend. In the last Parliament, he said, “It almost seemed that the Conservatives wanted to have a little more proactivity involved in the sense of what we are doing here with the Liberal Party of Canada, when in fact, we were the ones who brought forward far greater measures on proactive disclosure than this House has ever seen.” He gave a really good speech. I recommend that the member and some of his colleagues refer to it. In the same speech he said, “A country's access to information system is the heart of open government.” These are wonderful words by my friend from Coast of Bays—Central—Notre Dame, the longest serving member in the House from Newfoundland and Labrador.

Why such eloquent prose? What was that member speaking about in the last Parliament? He was speaking about a private member's bill on reforming access to information. Who brought forward that bill? It was the MP for Papineau, now the Prime Minister of Canada, whose own private member's bill in the last Parliament championed open government and reform of access to information. When he spoke, no wonder my friend from Coast of Bays—Central—Notre Dame was so eloquent in his praise and prose. It was his leader's bill, his leader's raison d'être, as the MP for Papineau.

I always found the number of that bill, Bill C-613, interesting. All government officials are generally in the 613 area code, so I always thought Bill C-613 was kind of ironic. It was the open government bill. The actual name of the bill was an act to amend the Parliament of Canada Act and the Access to Information Act (transparency). We know that when a member has a bill tabled and debated in the House, it is the most important issue to them.

We have seen great bills brought forward by passionate members of Parliament. For example, my friend from Cariboo—Prince George brought forward a national framework for post-traumatic stress disorder for our first responders. We have debated that framework, that passion of his, in this Parliament. In the last Parliament, when the Prime Minister was leader of the third party, what was his passion? It was access to information reform and open government.

Someone in the PMO should remind him of that and send him an email. However, we will not be able to see those emails because he is carving that out in these reforms. However, someone should remind the member for Papineau. He is still the member for Papineau. He is also the Prime Minister, and I respect that role. However, I am here to remind him what he brought to Parliament, when he would regularly grill the Conservative government of the day. I remember because I was in cabinet.

From the Prime Minister's bill on reforming and improving access to information, what did it start with? Proposed section 2 read:

2(1) The purpose of this Act is to extend the present laws of Canada to provide a right of access to information in records under the control of all government institutions in accordance with the principles that

(a) government information must be made openly available to the public and accessible....

That was the thrust of the Prime Minister's private member's legislation. In fact, it went on to talk about when it should be held back. I refer to paragraph 2(1)(b) of that bill, which stated, “necessary exceptions to the right of access should be rare, limited and specific.”

With this farce of a bill, how does it measure up against the Prime Minister's Bill C-613? It fails dramatically and terribly. Therefore, the hope and hard work the Prime Minister championed in opposition are long forgotten. His hopes and his promises on open government, which made it all the way to the Liberal platform, were dropped once he formed government. I hope Canadians see this for what it is. Once again, the photo ops and the hashtags do not match the conduct of the government.

I will leave the Prime Minister's Office with one last quote. The people of that office were not here with the member for Papineau in the last Parliament.

Access to Information ActGovernment Orders

September 25th, 2017 / 12:20 p.m.
See context

Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Mr. Speaker, there is no question that our government has made a commitment to openness and transparency and better access to information. That is exactly what this bill is all about. In fact, in the member's speech, he talked about more openness and transparency for the Prime Minister's Office and ministers' offices. I want to assure the member that this bill would apply to the Prime Minister's Office, ministers' offices, and administrative institutions that support the work of Parliament.

There are things in this bill, including the elimination of the access to information fee, so now there would only be a $5 fee presented in the bill. As well, there is empowering the commissioner to order the government to release information, and a mandatory five-year review. Each of those three things was actually included in a private member's bill by the now Prime Minister, prior to him serving as Prime Minister, in Bill C-613. Also, the bill would support ensuring that the access to information is done, and would put in supports, so that we would get timely responses.

Would the member opposite support those things in the bill that would help Canadians gain the access to information that they want?

Access to Information ActGovernment Orders

September 22nd, 2017 / 12:15 p.m.
See context

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I rise today to speak to Bill C-58, the access to information reform legislation. It is with considerable disappointment that I must, on behalf of the NDP, be opposed to the initiative. However, I am also pleased to hear the President of the Treasury Board acknowledge that at committee, there might be a possibility for improving the legislation to give it some credibility.

If I may be permitted at the outset to make a personal statement, access to information, freedom of information, has been one of my passions. I did graduate work on this topic. In law, I worked with the Government of British Columbia in drafting the legislation there, as well as in Yukon. Back in the early eighties, I worked on behalf of the Canadian Bar Association to try to get the first access to information act through in a credible way. The former member of Parliament for Peace River, Conservative member Jed Baldwin, gave me an award of merit from the House for my work on freedom of information. Therefore, I come to this with a passion for the topic.

Three things are necessary for any credible law and, after 34 years, we all agree that this law needs modernizing. I salute the government for finally doing something in that regard. First, it has to have a clear statement that information is a right. Second, there have to be exceptions to the rule of openness that are narrow and have to demonstrate some harm from the disclosure. Third, there has to be an umpire, someone neutral, who can order a government that does not wish to provide the information to make it public. Those are the three things by which any reform must be evaluated. Sadly, this bill comes up short.

People sometimes have their eyes glaze over when we talk about access to information. That is usually the end of a conversation. People go back to doing something else. I want to tell Canadians who may be watching this why it is important. How many times have we read an article that starts with “Information released today under the Access to Information Act” reported thus and so? The answer is frequently.

The Globe and Mail used the Access to Information Act for its April 2016 investigative series “Unfounded”, which revealed that police had been dismissing one out of every five sexual assault claims as baseless. It took a year to get the information. The delays were ridiculous, and I will come back to that. That was the tool that was necessary for Canadians to understand what their police were and were not doing about sexual assault.

Just last week, the CBC reported that the Prime Minister's controversial Bahamas vacation cost Canadians over $215,000, far more than was initially disclosed to Parliament. That came about through a document released under this act.

Yesterday morning, I woke up to hear that after a year, reporters finally obtained the original contract from the Phoenix pay fiasco, once again thanks to this act.

Transparency is important. It was a major theme for the Liberal Party during the 2015 election. In fact, before that, the Prime Minister introduced Bill C-613, an act to amend the Access to Information Act. I would invite all Canadians to look at what the Prime Minister wanted to do with that bill while in opposition compared to what is being proposed today. I think they will see a yawning divide. What he said, though, in introducing that legislation, was that “a country's access to information system is at the heart of open government”. He is right.

Our Supreme Court also said that what we are talking about today is in fact quasi-constitutional in nature. This is not an ordinary act. It is something that the courts have recognized as essential to an open, modern democracy.

The New Democratic Party has introduced private members' bills to modernize the act so many times I do not want to list them all, but in 2006, 2008, 2011, 2014, this is something we tried to fix. Every time, the Conservatives and then the Liberals voted them down.

In March of 2015, the Information Commissioner released 85 recommendations to modernize the act. I invite Canadians to look at that list of recommendations and what we are left with today.

The point is that this is essential to fix, as the President of Treasury Board properly pointed out.

When we introduced this bill in the early eighties, computers were hardly a fact of life, email did not really exist in the public service, and record-keeping was very different than it is today. Clearly this is long overdue. It is too bad that the government has not taken the opportunity to do the job properly. Almost all civil society groups that have studied this have been outspoken in their opposition, some angry, but most simply sad and disappointed that this is what we are left with.

Let me talk about what the government did not do. That is how we have to assess this exercise. The exemptions to the rule of disclosure, the list of the things that the government can properly withhold, are very badly drafted, very discretionary, do not even have to show a harm. However, there is one that is different from all the others.

Back when this bill was introduced under the former Prime Minister Trudeau regime, it decided to cut out a category of records called “cabinet confidences”. It does not even apply to cabinet confidences. Everyone who has ever studied this has said that this is the Mack truck clause. In fact, some of the more humorous commentary describes this as “cabinet laundering”. All the government has to do if it does not want something disclosed is to slip it into a cabinet briefing book, and voila, the black hole. It never gets to be seen. It is not even subject to the act. One would have thought that after 34 years, job one would have been to maybe talk about that. It is not even mentioned. The black hole remains. Cabinet laundering can continue.

Information delayed is information denied. Every journalist in the land understands that. I had a journalist stop me on the street the other day, and she said that when she is asking for information, she usually gets something on the very last day of the 30-day period. Day 29 she is told that there is going to be a delay, and then the government asks for another delay. If she complains to the Information Commissioner, she is told that the office is swamped and it might take several months to get the story out. Even then, if the government does not want to do it, the Information Commissioner would recommend that it can say no.

Information delayed is information denied. That will not be fixed by this bill in any meaningful way.

The other thing is that we live in an oral culture. In fact, one of my colleagues refers to it as “the Post-it culture”. I will explain. If a government member has a record that they know is going to be subject to disclosure, maybe they put a little Post-it note on the document that says what the juicy bits are. That happens. I know that the Speaker will be surprised to hear that.

The duty to document decisions is not even part of this bill. I talked earlier about computers where we can delete transitory records and the like. However, the fact is that an oral culture is alive and well and living in Ottawa.

Let me get to the bill. What does Bill C-58 do, and why can we not support it? I would first like to quote from the Centre for Law and Democracy which said:

the Bill is far more conspicuous for what it fails to do....

It fails to expand the scope of the Act. It does place a number of proactive publication obligations on various actors – including the Prime Minister’s and Ministers’ Offices...but this falls far short of bringing these bodies within the ambit of the Act.

Certain types of information have always been available, at least in recent years, such as travel expenses, contracts over $10,000. By policy, these have been available for years. Now it is put in the bill, and the government thinks it should get a gold star for doing that. I am not sure why.

Again, quoting from the Centre for Law and Democracy:

While more proactive disclosure is always welcome, as anyone who has used the Act knows, it is absolutely not a substitute for the right to be able to request the information one is interested in from public authorities.

I think that is clear.

Today the minister made a lot of the notion that there is to be order-making powers under this bill. It is true that if we look closely, we can see that it is, in the words of a colleague, a chimera. It does not really do that.

Let me talk about how it works in the provinces. Let us take British Columbia, for example. The Information Commissioner makes an order: “Disclose that record, government. I know you do not want to do it, but it is not able to be withheld legitimately under the exceptions.” That is it. If the government wants to seek judicial review of that decision, it does so.

Let us compare that to the convoluted order-making power that the minister was so proud of in this bill. It seems to say that if the government agrees with a decision of the commissioner to release the document, it will be released. So what? If the government disagrees with the commissioner's recommendation, then the government could take him or her to Federal Court. Imagine how expensive and litigious this would all be. The government has created, in my submission, an unwieldy, unnecessary, and unaffordable system.

I wish I had time to go into the section that deals with this. It talks of the ability to make an order, but in the interest of time, suffice it to say that it is beyond complicated and likely unworkable. It would not really do what the minister has said it would do. I wish the Liberals had followed the simple route that most provinces have followed.

Though it is true that there would be proactive disclosure of a number of kinds of information from ministers' offices, the point is that Canadians would still not be able to request the information they want from those offices, appeal to the commissioner, and get an order to release it. It is just not there. The promise made in the election that we would have open offices and that people would get the information is not what is happening. That is very disappointing.

The Liberals also talked about the five-year review that is a feature of this act, and thank goodness it is there. That is nothing new. However, it is not like the Bank Act, for example, under which the legislation would sunset if that review did not take place by that time, so who knows how long it will actually take before we get to the review that is promised? That is very different from what the platform promised.

The Liberals talked today about something new, which is the ability to go after bad-faith, long, frivolous, and vexatious requests. That is a new restriction, not a change for the positive. I can appreciate why it is necessary, and, yes, it exists at the provincial level, but here is the punchline: this bill would give the final decision to the government to decide whether the request is too big, too long, or frivolous. Everywhere else, of course, it is the commissioner who gets to decide. Do members remember what I said about an umpire in the game who is neutral? I do not think the minister who does not want the information to be disclosed is in the best position to do that. I cannot believe they think that is a significant reform that we should be proud of.

The government is probably going to pat itself on the back for this bill. It is probably going to say, “We promised openness and transparency, and openness by default, and that is what we delivered.” The truth is far from that. I want to be optimistic—I always try to be—and give the government the benefit of the doubt. The minister stood in this place and said, “We will be open to amendments at committee”, and we are certainly going to be there to try to give him the opportunity to make this credible, because it is not credible now. It is kind of like the promise the Liberals made in 2015, when they said that 2015 would be the last election that would be fought under the first-past-the-post rules. That was a different promise. That was a different time and place.

The Prime Minister came to my riding when he was running in the election and said that he would have a full review of the Kinder Morgan pipeline proposal. Do members remember that promise? That kind of did not happen either. There was one about mail delivery. We were going to be open to mail delivery, I think. That was another promise.

Canadians deserve better than this bill. It is a start, to the extent that it adds exemptions; it does not go after the big changes and exemptions. Members heard me talk about cabinet confidences; the other nice one is the policy advice to the minister. They did not touch it. All they have to do is put all these documents into something that they give to the minister, and that is policy advice to the government. That massive loophole remains.

Once again, what they did not do is how we judge their reform initiative. It actually adds a loophole that would allow the department to refuse to process a request if it deems it to be overly broad, deems it would unreasonably interfere with the operations of government, or deems it to be made in bad faith. It is quite remarkable that the Liberals are patting themselves on the back. By simple comparison to the other legislation in the country, it is obvious that this bill does not pass muster.

The bill also ignores so many of the recommendations made by the Information Commissioner, as I pointed out, and by the ethics committee that also studied this legislation. It appears the government did not even read those. Much like the Harper government, the Liberals continue to disregard the recommendations made by the non-partisan watchdog. One sympathizes with the Herculean efforts made by Ms. Legault over the years to try to get both sides of this place, Conservative and Liberal alike, to take seriously the citizens' right to know. I salute for her efforts, futile though they have been to date.

I want to say by way of conclusion that the New Democrats have long advocated for giving the Information Commissioner real oversight and order-making powers. We believe that proactive disclosure is important and offer congratulations for putting into legislation what has been the practice to date so far, but I point out that the commissioner does not have oversight powers with respect to that proactive disclosure, so I guess we have to take the government's word for it.

Even if the Liberals were well intentioned, let us remember that we are making legislation that applies for future Canadians, for future generations of Canadians. How long did it take to get to this place with a new bill? It has taken 34 years. We have to get it right. We cannot say, “Don't worry; we are going to have a review in five years, or maybe another year or two after that”, because they do not have to do that if they do not want to. That has been our history, excepting the Bank Act.

We have to do it better. We can do it better, and I am not the only one saying this. The Centre for Law and Democracy, which has been cited already, has made the same point. Democracy Watch has explained it. Professor Mark Weiler, the web and user experience librarian who testified, wrote to our critic, the hon. member for Skeena—Bulkley Valley, on this file, as follows: “I am greatly concerned that Bill C-58 will actually diminish the capacity of Canadians to access unpublished materials held by the government. The Access to Information Act should enhance the ability of Canadians to access information the government chooses not to publish.... Bill C-58 would actually make the Access to Information Act more difficult to use.”

What are we going to do about this? To go back to the basics, there has to be a strong statement of the right to know, and there is some verbiage to that effect in the new law. The exemptions have to be narrow, and they have to be about injury, not just in a box, a particular category of records, such as policy advice. It has to be shown that disclosure would harm some government interest. The Liberals did not do that; they didn't touch any of them. They only added one.

The third thing is that there has to be real order-making power when the umpire says the government has got it wrong. That did not cause a revolution in British Columbia when we did it, and that order-making power led to something like 90% of cases being mediated without the need to have a formal order-making hearing. Very, very rarely do we go to court; it is statistically insignificant.

There are ample precedents for doing this right. The order-making power that is in the bill is beyond comprehension. It will be expensive and it is totally unnecessary. Why do we have to make it so complicated when the principle is so obvious and when there are so many examples across the land?

I want to end on a positive note. We hope the government was serious when the President of the Treasury Board stood in the House earlier today and talked about the need to modernize this law and said that this is only the first phase and it is only a work in progress. He said he welcomes reports at committee, including amendments.

Trust me, we will have many of those amendments. We can do better. We must do better for Canadians.

May 5th, 2016 / 8:50 a.m.
See context

Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

Thank you, Mr. Chair.

I also want to welcome our parliamentary secretary, Joyce Murray, and all of you committee members.

On June 2, it will be my 19th anniversary as a member of Parliament. At that point, I will have spent about two years in government and the rest in opposition. I've been on committees of Parliament for 17 of those years, and I tell you, it is from that perspective that I value the important work done by committees of Parliament. We intend on fortifying the roles of committees and of parliamentarians as we work on legislation and consult with Canadians. I thank you for the important work that you do on this committee.

I'm pleased to be here with Jennifer, our deputy chief information officer, to speak with you about access to information reform.

I would like to thank the members of the committee for their proactive approach to exploring the Access to Information Act and offering solutions to make it serve Canadians better.

This act is out of date. It hasn't been updated significantly since receiving royal assent, back in 1983. This is incredible given how much Canada has changed, particularly in terms of the changes to how information and data are produced, stored, and shared. All those areas have been revolutionized. Email, social networks, and smart phones rule the day, and we need to modernize ATI to reflect these realities.

We also must change the culture around government information. We need to move toward a culture of “open by default” when it comes to information. Our Prime Minister has recognized that for a long time. In opposition, he actually tabled a private member's bill, Bill C-613, to help modernize the act. During the campaign, our platform made commitments in terms of modernizing the act. These were actually reflected in my mandate letter, which, as you're aware, has been made public, as have all the mandate letters of ministers.

In my mandate, the Prime Minister asked me to:

Work with the Minister of Justice to enhance the openness of government, including leading a review of the Access to Information Act to ensure that Canadians have easier access to their own personal information, that the Information Commissioner is empowered to order government information to be released and that the Act applies appropriately to the Prime Minister’s and Ministers’ Offices, as well as administrative institutions that support Parliament and the courts.

Now that we're in government, we're acting on these commitments to strengthen and revitalize access to information.

Later today, I am issuing an interim directive on the administration of the Access to Information Act. I'd like to begin by speaking to you today about some of the immediate changes we would like to implement and intend on making today. This directive is guided by the principle that government information belongs to the people it serves and should be open by default.

It guides institutions on how to administer the act in ways that are consistent with our commitments to more open government.

It emphasizes that government information belongs to the people.

The directive stresses that providing access to government information is paramount to serving the public interest. It enables public debate on the conduct of government institutions and strengthens the accountability of government to its citizens, and indeed, the role of citizens and of parliamentarians.

The interim directive also stipulates that, from today forward, all fees apart from the $5 application fee will be waived. When feasible, requesters will receive information in the format of their choice, including open, reusable, and shareable formats.

These concrete measures make early progress on our commitments.

This is just the beginning. We are also moving forward with a two-step legislative plan I announced recently. We split the legislative reform into two phases and issued a directive right away specifically so we could make improvements to the Access to Information Act immediately.

Next we will table legislation that will include the implementation of the rest of our platform commitments. We also will bring forward significant improvements identified through public consultations and through the work of this committee. These measures will shed more light than ever before on the government.

One, we will give the Information Commissioner the power to order the release of government information. Two, we will ensure the act applies appropriately to the Prime Minister's and ministers' offices, as well as administrative institutions that support Parliament and the courts. Three, we will implement a mandatory five-year review starting in this mandate to ensure the act stays up to date and consistent with modern needs and technology. Four, we will improve response times by addressing the problem of frivolous and vexatious requests to ensure the purpose of the act is respected. Five, we will improve performance reporting. We want to make sure evidence guides our decision and we can measure results.

These are significant changes. Take, for example, expanding the application of the act to ministers' offices. For the first time, Canadians will have an expanded view into the decisions of government.

This is significant reform that will involve every department, every minister's office, the Prime Minister's Office, the courts, the Information Commissioner's office, and this committee. We are engaging with Canadians in Parliament because we need to get this right as we work to develop the proposed legislation.

Your committee's input will be important to this process, and I particularly value the committee's advice on how to proceed on some of the government's commitments. I would like to address a few of those.

One, what is the best approach to enable the Information Commissioner to order the release of government records, and what are the implications for the commissioner's other responsibilities?

Two, what special considerations would need to be taken into account in extending access to information to the Prime Minister's Office, ministers' offices, and administrative institutions that support Parliament and the courts? How can those considerations be addressed?

Three, we've now eliminated all fees except the basic $5 administrative fee, but we need to filter vexatious and frivolous requests if we want to make the system timely and efficient. I would ask this committee, is the $5 fee the best way to do that, or is there a better way? I know there's been witness testimony on different approaches to this, and I'm looking forward to hearing your views and through your report informed by witnesses what some of your ideas are in terms of the best way forward on this.

Another question is, would the public interest be best served by allowing institutions and the Information Commissioner discretion to not process access to information requests or complaints that are frivolous or vexatious, and how would that be determined?

Another question is, how should we assess performance of the access to information program? Ongoing measurement of the performance of it is important so that we can understand how this is working from a results perspective.

These are important questions. Once we've completed our consultations, we intend to introduce legislation in late 2016 and early 2017. I stress the work of this committee is important as it will inform our crafting of this legislation.

The second step of updating the ATI legislation is to launch a full legislative review, which will begin immediately after the first phase of legislative changes and will be completed some time in 2018.

This mandatory five-year review will guarantee that no government in the future can allow the Access to Information Act to become as outdated and out of touch as it currently is. It will provide a more in-depth assessment of how we can continue to build on the changes we've introduced and whether those changes are meeting their objective of better serving Canadians.

Some have asked why are we waiting until 2018 for the full review. Very simply, we want to understand how the first round of legislative changes is working. We want to better understand those changes and how they're working before the whole legislative review, the first of reviews that occur every five years after that.

Colleagues, I want to reiterate these proposed reforms are just the beginning. We're committed to more open and transparent government. Our budget reinforced that commitment with specific investments, including doubling existing resources to open government initiatives, $11.5 million over five years for Treasury Board Secretariat's open government activities, and $12.5 million over five years to enhance Canada's access to government information, including Canadians' own personal information.

These are important investments in open government.

Open and transparent government is the way forward. If citizens understand why their government takes a particular course of action, if they have been engaged from the beginning, if they have access to the same information government has, they will have more confidence and trust in the outcomes.

The idea of engaging Canadians early, and providing them with more of the same information we as legislators and as members of government have as we make decisions, is simple—that we believe in the collective wisdom of Canadians. Engaging them early means that better decisions can result from more open engagement, and that those decisions will also co-emerge with more public support because the public has been engaged from the beginning, as has Parliament.

Canadians have waited a long time to have their access to information regime modernized to meet current needs. I look forward to working with this committee. Your input and advice on how we can make improvements to the system is of great value.

We look forward to answering your questions.

Opposition Motion—Federal Science ResearchBusiness of SupplyGovernment Orders

May 26th, 2015 / 4:50 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I can appreciate that members on the other side would be somewhat sensitive, even surprised in terms of the length of the list. Given that I have a limited amount of time, I appreciate the advice and maybe I should move on. However, members should keep in mind that this is all about the muzzling that takes place within the current government.

It is a long list, and somewhat of a dated list, but I applaud the member for standing up to point out that it is indeed a very long list. He should share with his caucus colleagues the profound impact that the Conservative government has had, in a negative way, on Canada's civil service and non-profit organizations in every region of our country by the message that it continues to send out. That message is primarily that if a person is not onside with the Government of Canada, the Conservatives do not want them to say anything and they should keep their mouth shut. That is the gag order, and we see that extensively.

My colleague, the mover of the motion, the member for Kingston and the Islands, put forward a wonderful question today in question period to the minister responsible for the Treasury Board. It was a straight-up question, and one would think he would have had a fairly simple answer, but he did not. It is amazing.

Here is the question that was posed by my colleague: “Mr. Speaker, PIPSC, the union representing government scientists, is asking for an unprecedented scientific integrity package in its collective bargaining agreement. Rather than asking for a raise, they are asking the government to unmuzzle science. They are explicitly seeking protection from “coercion to alter their data”.

It has to be a first in Canada. We have scientists coming together, who are so concerned that this has to be a part of the negotiations. It has to be a first.

My hon. colleague for Kingston and the Islands then said: “Canadians need to trust that government policies to keep us safe and healthy are based on objective evidence that has not been altered for partisan ends. Will the President of the Treasury Board agree to this no-cost ask in upcoming contract negotiations?”

I underline “no-cost” because I know Conservatives like to hear that. As some have implied through their heckles, one would think it would be a no-brainer and it would be a simple yes, but I invite members of the Conservative caucus to read Hansard. They might be a little disappointed in regard to the government's continual refusal to recognize the important role that Canada's scientists play, in many different ways.

I would like to give a very specific example that has had a profound impact, not only on my province but I would argue beyond Manitoba, in fact on all of Canada. If we listen to what some of the international scientists were saying, the impact has been felt around the world.

Canada has a great deal of fresh water. We are one of the countries that has been truly blessed with the amount of fresh water we have as a natural resource. When we think of the future and future generations, we in the Liberal Party do not believe that our grandchildren should have to deal with the problems. Where we can deal with the problems today, we should do that and show leadership.

The example I will give is the Experimental Lakes Area project. At a relatively small cost, into the hundreds of thousands of dollars, we had a wonderful facility. We still do, but not because of the Conservative government. This wonderful facility was providing world-class research on fresh waters and so much more.

The Government of Canada in its wisdom, or lack thereof, made the decision that it is no longer going to fund the Environmental Lakes Area. It was prepared to ultimately see it completely disappear. Quite frankly, if it were not for the Wynne government in Ontario, I suspect that it might not be there. It took another provincial government to come in and support this project.

I had the opportunity to talk with many people in Winnipeg, Manitoba, and other places, with respect to this issue. I brought forward petitions to the government.

The government will spend $750 million on government advertising. I do not recall one ad from that $750 million worth of advertising saying that the government is going to stop the funding of a few hundred thousand dollars to the environmental lakes in Manitoba and Ontario. That is very important research that was being done there. There was not a word.

It became the role of the scientists to raise the concerns and the protests to ensure that everyone was aware of what the Government of Canada was doing.

One would think that when Canadians started to react, the government would have at least been more sympathetic to the needs of the research facility and how the world benefited by the research taking place there. One would think that would have been an absolute given. It was not with this government, and not under this current leadership. That is unfortunate.

I think if we were to canvass the Liberal caucus member by member, they would be able to come up with examples in virtually every region of our country where the government has not been proactive in promoting and encouraging research. It is research and development and science that has so much potential in terms of creating jobs, improving our environment, health care. There is so much that can be done, yet we have a government that has turned a deaf ear to the situation and the needs of that particular community. It has happened at a very significant cost.

One of the earlier speakers talked about Canada's GDP and the impact it has on GDP. That is true. Compare the amount of research that we do today to what we have done on a per capita basis in other countries around the world. We often make reference to the OECD. At one time, and we have to go back to the Chrétien era, we would have been virtually the first of the OECD. Today we do not even rank within the OECD. We have dropped that far behind. One would think that the government would recognize that it has dropped the ball.

It is more than just economics, even though the economics would be nice. These are all good quality jobs, and the potential spinoffs are phenomenal.

If the government only recognized that there is a moral responsibility to encourage that research, to financially support it, what would actually happen?

I made a quick note of a number of points. I suspect we could use even more scientists at work in terms of developing research papers. Think of the issue of climate change. When we think of climate change, one of the things that comes to mind for many Manitobans is the issue of flooding. Flooding is a very serious issue in Manitoba, and it always has been, especially in the last decade.

I was a member of the Manitoba legislature when we had the big flood of 1997. Over five decades ago, it was the Progressive Conservatives who brought in what we called Duff's Ditch, which circles half of Winnipeg, to divert water. Flooding is a very serious issue, but it is not only in Manitoba. We have seen flooding occur in all provinces in one form or another. Natural disasters have occurred.

Only the government believes that there is no such thing as climate change. Climate change is real. It is there. Scientists will tell us that. The government does not like scientists telling us that. It does not want to know the facts on the issue, and one has to wonder why.

We talk about the issue of overfishing. Whether it is in the Atlantic, the Pacific, Churchill, and even our inland freshwater deposits in Canada, we all have a vested interest in ensuring that fish are going to be there for future generations. I will sidestep a swipe at the Minister of Finance's comment in regard to letting grandchildren deal with it.

We can deal with those issues. How do we deal with those issues? We rely on our scientists. Canada has some of the best, I would argue. I am a little biased, but we have the best scientists in the world. We should be very proud of the work they are doing. Not only should we be encouraging it, I would suggest we should be allowing them to talk about it. They should be able to talk with the media. They should be able to share among their peers. That is how they develop their ideas and bring it to the next level.

There is so much we could talk about in regard to the motion. Think of prescription drugs, health care, many different issues that are vitally important to our social fabric and lifestyle. Think of the economics and the leadership that Canada could play if it had a government that understood the benefits of taking off the muzzle and allowing our scientists to speak the truth on facts. What is there to hide?

Take the leader of the Liberal Party's ideas, as I pointed out with Bill C-613, and make it the default. Allow scientists in Canada to be heard, and maybe we will get more of our scientists wanting to stay in Canada. We know they have a passion for Canada and they want to be here, but they want their ideas to be heard and expanded upon.

Opposition Motion—Federal Science ResearchBusiness of SupplyGovernment Orders

May 26th, 2015 / 4:45 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, but they have. On that particular point, having had a member heckle, “Oh, but they have not”, I would encourage members of the Conservative caucus to think outside of the box. Particularly, think outside of the Prime Minister's Office box, because the information they are being fed from the Prime Minister's Office is not always accurate. I would suggest that it is more spin than accurate. It is not necessarily truthful, so they should think again about what is being proposed within the motion.

I will continue. It states:

(b) federal scientists have been muzzled and prevented from speaking to the media about their work; (c) research is paid for by taxpayers and must be done in the public interest in order to protect the environment and the health and safety of Canadians; and, therefore, (d) the government should immediately rescind all rules and regulations that muzzle government scientists, consolidate government-funded or -created science so that it is easily available to the public at large through a central portal, create a Chief Science Officer whose mandate would include ensuring that government science is freely available to those who are paying for it, namely, the public, and allow scientists to be able to speak freely on their work with limited and publicly stated exceptions.

What a wonderful motion. Yes, this is something that one would think is already happening, but it is not. It is about attitudes. It is about leadership. What sort of leadership do we get from the Prime Minister on this very important issue? We get very little.

Compare that to some of the things that we in the Liberal caucus have been saying throughout the day and previously on this very important issue. In fact, not that long ago, the leader of the Liberal Party brought in Bill C-613, regarding access to information. One of the core principles of that bill is that information is open by default, meaning that the government really needs to open its books and consider making information open by default. However, that has not been the case with this particular government.

There is a tangible demonstration that clearly shows the different styles of leadership from the leader of the Liberal Party and the leader of the Conservative Party. What does he have to fear?

My colleague from Guelph posed a question earlier today regarding the repercussions for those who dare go against or say something that is not consistent with the government. It is a significant cost. Let me go through some of the organizations or watchdogs whose staff have been fired, forced out, or publicly maligned, or who have resigned in protest. I must say that the list I have is somewhat dated. It could probably be updated with a number of others, but here is just a sample. This is the Prime Minister's style of leadership that we have witnessed.

At the Canadian Firearms Program, there was Chief Superintendent Marty Cheliak, who was the director general; at the Canadian Wheat Board, Adrian Measner was the president and CEO; at the Canadian Nuclear Safety Commission, Linda Keen was president; at Foreign Affairs, we had Richard Colvin, diplomat; the head of the Military Police Complaints Commission was Peter Tinsley; the Ombudsman for the Department of National Defence and Canadian Forces was Yves Côté; the former parliamentary budget officer, Kevin Page, was dealing with funding cuts; at the RCMP complaints commission, Paul Kennedy was chair; at the International Centre for Human Rights and Democratic Development, also known as Rights and Democracy, Rémy Beauregard was president; at Statistics—

Parliament of Canada ActPrivate Members' Business

April 1st, 2015 / 6:55 p.m.
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NDP

The Deputy Speaker NDP Joe Comartin

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-613 under private members' business.

The House resumed from March 31 consideration of the motion that Bill C-613, an act to amend the Parliament of Canada Act and the Access to Information Act (transparency), be read the second time and referred to a committee.

March 31st, 2015 / 6:05 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

Mr. Speaker, I have listened to today's debate on my private member's bill, Bill C-613, the transparency act, with great interest.

The member for Don Valley West actually spoke quite eloquently, using all the right words about what open data and open government actually mean, which is all the more disconcerting, given that it means that the government is acting not out of ignorance but actually wilfully to have the most secretive, opaque government Canada has ever known.

I believe the conversation we have had today in this House has been a timely one, and I hope Canadians are all the more convinced now that adopting the bill is a wise and necessary step for this House.

The purpose of the transparency act is to make important changes to how Canadians stay informed about what their government is doing. The measures outlined in this bill guarantee a government whose information is automatically accessible

The members have already shown that they are ready to take up the challenge.

The Liberal Party was the first party to opt for proactive disclosure of parliamentarians' expenses, and I was pleased to see the members of the other parties follow our example. However, there is more work to be done.

It is not acceptable any more that decisions about the regulation of MPs' spending are made behind closed doors, entirely in secret, far from the light of public scrutiny. That is not the way things ought to be done in 2015. Instead, the House of Commons' Board of Internal Economy must be made open by default.

The challenge that the NDP members have not quite understood or highlighted in their speaking points is that the Board of Internal Economy is not a regular House committee. It is one that, by oath, must remain secret on a wide range of things. Regardless if we have unanimous consent at the BOIE to overturn that secrecy, it cannot, without possibly facing sanctions for having broken the Parliament of Canada Act. That is why a legislated change is needed to open the BOIE.

Canadians should know more about what their elected representatives are doing and how the rules are made that govern spending. Some things would remain confidential, such as personal matters or contractual dealings, but overall, reform of the Board of Internal Economy is well overdue.

We also cannot expect Canadians to be satisfied with the current access to information system, which is now outdated. It is a complicated and confusing system that often delivers results that are far from satisfactory. This is not surprising, considering that it has not undergone any significant changes in over 20 years.

We need a new approach, a system that allows Canadians to understand what we do here in Ottawa, as well as a system that takes into account the technological advances that have completely reshaped the information landscape and data sharing.

This bill would update the Access to Information system in four ways.

First, it would make all government information and data open by default and easily accessible.

Second, it would require that accessing information cost no more than the initial $5.00 fee.

Third, this bill would expand and strengthen the Information Commissioner's mandate, giving him or her the power to enforce access to information laws. Once the government opens up, we want it to remain open. This was actually a Conservative promise during the 2006 election campaign.

Fourth, this bill provides for a mandatory review of our access to information system within 90 days of this bill receiving royal assent and every five years thereafter.

I put forth the transparency act in good faith with my colleagues here, who I hope share the spirit with which this bill was introduced. That is, that we are all striving to make a better government for Canadians.

I believe more openness and transparency, along with strengthened information laws, will lend more accountability to this place. It is important to Canadians and to the continued health of our democracy.

In the spirit of openness and transparency, I will be hosting, in 20 minutes, an information session at 6:30 p.m. in East Block Room 362, where I will be glad to take any and all questions from my colleagues on these important improvements to transparency.

Tomorrow, I am hopeful members will join me in voting Bill C-613 through to committee stage.

March 31st, 2015 / 5:55 p.m.
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NDP

Mathieu Ravignat NDP Pontiac, QC

Mr. Speaker, the speech of my hon. colleague who just preceded me is a good example as to how the Conservatives have kind of convinced themselves that they are still the champions of transparency and accountability in this country. The reality is that they are not.

If they were listening, they would be hearing from the hundreds, if not thousands, if not millions of Canadians who are concerned with the secrecy and lack of accountability of the government. As the Treasury Board critic for the official opposition, I hear from a lot of Canadians who are worried that the democratic institutions of this country are being eroded by the need of a government to remain secret, to do things behind closed doors or in camera. In fact, the use of in camera meetings in committee is a great visible example of the government's commitment to transparency. I can imagine Canadians turning on their televisions at home, tuning into a committee that is dealing with a subject that is important to them, and seeing a blank screen. That is a great symbol of the approach the government has to open government.

The reality is that it did start with quite a broad vision of what an open government can be. The problem is that it got whittled down and whittled down, and whittled down again, as the government got used to power. It went from open government, to open data, to an open website. The committee studied that website and experts were not impressed. They were not impressed with the quality of information available on the website, the website's searchability, or its format.

The Conservative government must recognize that delays under the ATIP system, the number of complaints, and the level of public frustration have reached unacceptable levels. In wilfully abandoning the ATIP system through degradation and delay, the Conservatives have broken their own electoral promises. The Conservatives' growing blanket of secrecy endangers the very foundations of our parliamentary democracy.

I would like to remind Canadians that the Conservatives voted against Bill C-567, but I ask them to at least consider supporting Bill C-613, which is really just a weaker version of the NDP's bill, instead of voting another time against their electoral promises. Let me remind the House of those promises.

In 2006, the Conservatives promised to give the information commissioner the power to order the release of information, to expand the coverage of the act to all crown corporations, officers of Parliament, foundations and organizations that spend taxpayers' money or perform public functions, to subject the exclusion of cabinet confidences to review by the information commissioner. I would like to add that the government has used a record number of cabinet confidentiality excuses to totally bar information from Canadians, blacking it out. It is used in increasing ways and it is worrying.

The Conservatives further promised to provide a general public interest override for all exemptions so that the public interest is put before the secrecy of the government. They are beautiful words, but that is all they are. They further promised to ensure that all exemptions from the disclosure of government information are justified only on the basis of the harm or injury that would result from disclosure, not blanket exemption rules which is in fact the practice that is going on today.

Let us also remind ourselves of the Liberals' record on transparency. In 1994, the then justice minister Allan Rock pledged to strengthen the federal Access to Information Act, but it was not until early 2001 that then prime minister Jean Chrétien set up a government task force to examine the flaws. The Liberal access committee task force was just a delay tactic, as the federal government failed to act on the task force report. In fact, in late 2001, the Liberal government instead proposed new so-called anti-terrorism laws to keep more information secret from the public.

At their February 2014 convention, the Liberals passed a motion to promote “A more effective Access-to-Information regime with stronger safeguards against political interference”, but this bill does little to fulfill that motion.

By recommending that the Board of Internal Economy consider conducting internal exploratory consultations to help increase transparency, the Conservative-dominated PROC report essentially advocated the status quo on the Board of Internal Economy.

In their supplementary opinion, the Liberals recognized that transparency can be enhanced by mandating that the Board of Internal Economy hold its meetings in public and that these meetings would only go in camera if the board was discussing matters related to “security, employment, staff relations, or tenders, or...if unanimous consent of all members of the Board present...is obtained”. This exact phrase, which is also found in clause 1 of Bill C-613, provides the government of the day with huge elbow room and a grey area to act and to keep things silent from Canadians.

The Liberals are also silent on the issue of replacing the Board of Internal Economy with independent oversight. Let me remind the House of a motion passed by the NDP, with unanimous consent, on June 18, 2013. It sets out our vision for transparency and accountability by the government and at the Board of Internal Economy:

That, notwithstanding any Standing or Special Order or usual practice of the House: in order to bring full transparency and accountability to House of Commons spending, the Standing Committee on Procedure and House Affairs be instructed to:

(i) conduct open and public hearings with a view to replace the Board of Internal Economy with an independent oversight body;

Now that is transparency.

(ii) invite the Auditor General, the Clerk and the Chief Financial Officer of the House of Commons to participate fully in these hearings;

(iii) study the practices of provincial and territorial legislatures, as well as other jurisdictions and Westminster-style Parliaments in order to compare and contrast their administrative oversight;

(iv) propose modifications to the Parliament of Canada Act, the Financial Administration Act, the Auditor General Act and any other acts as deemed necessary;

(v) propose any necessary modifications to the administrative policies and practices of the House of Commons;

(vi) examine the subject-matter of the motions, standing in the name of other members of Parliament;

(vii) report its findings to the House no later than December 2, 2013, in order to have any proposed changes approved.

That is a reasonable and transparent vision of government. That is what we are proposing as the official opposition.

Unfortunately, Liberals react only when they are caught, and when they do react, they respond with half measures and convenient grey areas in their legislative proposals to safeguard their discretionary elbow room, which they use abundantly to restrict access when they are in power.

On this side of the House, that is, at this end of the opposition benches, in line with the Auditor General's recommendations and in the spirit of the NDP June 18, 2013 motion, which was passed in the House unanimously, we propose meaningful changes to POCA that entrench independent oversight of Parliament's expenditures and operations and that make accountability to all Canadians, not just MPs, a priority.

We need the other parties to commit to pushing for a fully transparent and accountable system, the backbone of good governance, which is so lacking today and so necessary to restore the credibility of our parliamentary institutions and political system. We propose that we stress, however, that even with the best possible reform of the ATI Act and the BOIE, changing the rules will never be sufficient if the people in power aspire to thwart the system. Integrity should be at the heart of governance. Integrity cannot be legislative, and integrity is a missing element in past federal Liberal and Conservative governments.

March 31st, 2015 / 5:45 p.m.
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Conservative

John Carmichael Conservative Don Valley West, ON

Mr. Speaker, I rise today to voice my concerns about Bill C-613, an act to amend the Parliament of Canada Act and the Access to Information Act, on transparency. I would like to focus specifically on the part of the bill that deals with the Access to Information Act.

As members know, this part of the bill proposes to change some of the wording in the “Purpose” section of the act to state that:

(a) government information must be made openly available to the public and accessible in machine readable formats;

(b) necessary exceptions to the right of access should be rare, limited and specific; and

(c) decisions on the disclosure of government information should be reviewed and enforced independently of government.

These amendments may seem to be only a few words on the page but their effect on the access to information system, and the infrastructure and resources set up to administer it, are far-reaching and costly.

Further, we object to the bill because these changes that it proposes are not necessary in light of existing practices under the act. In fact, they would overburden the administration of Canada's access to information regime. Indeed, they would lead to increased cost pressures and delays in responding to information requesters.

The bill would also give the Information Commissioner order-making powers under the act. Once again, this is unnecessary. The Information Commissioner already has the strong mandate needed to investigate and resolve disputes concerning access to information requests.

However, while we do not support this bill, let there be no mistake about this government's commitment to transparency, accountability and getting government information into the hands of Canadians. Indeed, Canadians are accessing more government information now than ever before, and the government is more open and transparent today than it has ever been. We understand that government information and data can enhance the transparency and accountability of our public institutions, and spur economic activity. We are committed to strengthening and modernizing our access to information and privacy program. We have already accomplished a great deal in this respect.

We have created online tools. These include a dedicated website that allows users to make and pay for access to information and privacy requests online. This website provides better service to information requesters by making it simpler and more convenient to request government records. It started as a pilot project in April 2012, but its use has expanded to include 21 government organizations.

We have also posted summaries of completed access to information and privacy requests online on our open data portal. More than 100 government organizations are currently doing this. Canadians can search out completed requests on our open data portal at data.gc.ca. In fact, in 2012-13, we provided Canadians with more government information than ever before, nearly six million pages. We have also posted three million pages of archived government records online.

We are committed to modernizing our access to information and privacy program, and we are taking concrete action in compliance with the acts as they are.

Another important part of the government's commitment to transparency is the work we have been doing on open data, including the creation of the open data portal, which I just mentioned. As members know, open data is a growing worldwide phenomenon. Open data is about making raw data available in machine-readable formats to citizens, governments, and not-for-profit and private sector organizations. It has the potential to spur innovation, and drive social, political and economic change here in Canada and around the world.

In fact, the U.S. global management consulting firm McKinsey and Company estimates open data could unlock trillions of dollars in the global economy. However, the full potential of open data will be realized only when it is available to as many people as possible.

That is why we are making it as easy as possible for people to find, access and reuse government data. One way we have done is through our open data portal at data.gc.ca. This portal is a one-stop shop for nearly 200,000 data sets from over 40 government departments that can be downloaded free of charge by anyone in Canada or around the world. A key feature of this portal is the open government licence, which gives users unrestricted use of government data and information.

We are also supporting open data by putting as much government data as possible into the hands of users. Let me give an example.

We are working on an initiative called open data Canada, a collaborative project with provincial and territorial governments, to create a seamless pan-Canadian open data community. When this is in place, Canadians from across the country will be able to search for and have unrestricted access to data from multiple governments. We are working hard to leverage open data as a public asset.

By making more and better data available, we will have a pan-Canadian platform for better decision making in business, research and social programs in the day-to-day lives of Canadians.

Our objective is to get government data into the hands of inventive users. One way we are doing this is by tapping into the creativity of Canadians. We have just concluded public consultations during which we heard from Canadians on how we could do even more. The result of these consultations will be Canada's second action plan on open government. This plan will be released in the fall and will build on the steps we have already taken to improve transparency and accountability, steps like ATIP Online, the Open Government Licence and Open Data portal.

Let me add that Canada has been at the forefront of the international open government movement.

In April 2012, we announced our membership in the global Open Government Partnership. As part of this, we pledged to support and promote open government both in Canada and around the world. Since then, more than 60 countries have signed on to Open Government Partnership, with each country committing to promote transparency, empower its citizens and harness new technologies to strengthen governance.

I should also mention that Canada is the co-chair of the Open Government Partnership working group on open data, with over 30 countries and 75 civil society organizations represented.

In closing, open government is something our government is firmly committed to, in all its aspects. A strong, modern access to information system is part of our commitment.

Our goals are to improve the transparency and accountability of government organizations and strengthen Canadian democracy and spur economic innovation.

While these are our noble goals, I question the motives of the Liberal leader on transparency, and here is why. First, he and his party are committed to repealing the First Nations Financial Accountability Act. Second, he accepted speaking fees from unions and then voted against the union financial transparency legislation. Third, he committed to running open and transparent nomination contests and turned his back on that.

With these points in mind, I would ask hon. members to see Bill C-613 for what it is, an unnecessary and costly waste of taxpayer money.

The House resumed consideration of the motion that Bill C-613, An Act to amend the Parliament of Canada Act and the Access to Information Act (transparency), be read the second time and referred to a committee.

Parliament of Canada ActPrivate Members' Business

March 31st, 2015 / 5:35 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, it is an honour to be here to talk about this very important private member's bill. It is one we have looked at before. We are now into our second hour, and the mover of the bill will be up shortly to address some of the questions being raised here.

I want to start by directly answering one of the comments made about the fact that it does not go far enough. It almost seemed that the Conservatives wanted to have a little more proactivity involved in the sense of what we are doing here with the Liberal Party of Canada, when in fact, we were the ones who brought forward far greater measures on proactive disclosure than this House has ever seen. Yet some members, including the one who just spoke, seemed to think that we were in a position of dragging people in, kicking and screaming, on proactive disclosure, which Canadians demanded and now have. We are all doing it now.

The person behind that is the person bringing forward this bill, so the theme continues. We think this is a substantial step in making this House far more accountable and far more transparent than it ever has been.

I want to go back to what happened earlier today, when the report came out from Suzanne Legault, the Information Commissioner. She brought forward the concept, which we recognize, of “open by default”. Canadians watching this, from coast to coast to coast, might assume that it is happening already, but it is not. We have run into problems on committee.

Many journalists I have talked to talk about the redaction of information that is out there that is really unnecessary and how the power of this particular office needs to be restored. Right now, I would even go so far as to say that it has become an empty shell, by way of title only.

Let me bring forward some of the messages the Information Commissioner brought forward today. She talked about recommendations. She had 85 recommendations, which is substantial. She said that the recommendations would address ways to modernize the act “[t]o deal with current realities and the expectations of Canadians”, some not being fulfilled when it comes to transparency, plus we are now in the digital age, which I will talk about in just a moment; “[t]o simplify the administration and the application of the Act by focussing only on the interests that legitimately require protection”, and I mentioned redaction earlier; “[t]o increase timeliness in the processing of access requests”, which is long overdue; “[t]o permanently resolve recurring issues; [t]o align the Act with the most progressive and strongest laws in Canada and abroad; and [t]o maximize disclosure in line with a culture of openness 'by default'”.

In light of the developments, the commissioner recommended modernizing the Access to Information Act. These are some of the major highlights:

extending coverage to all branches of government;

improving procedures for making access requests;

setting tighter timelines;

maximizing disclosure;

strengthening oversight;

disclosing more information proactively;

adding consequences for non-compliance; and,

ensuring periodic review of the Act.

That brings us to where we are now on Bill C-613, brought forward by the hon. member for Papineau. There are several measures we talked about, messages we want to put out there to Canadians about what this bill will provide. Transparency is another goal in what we call open parliament. Obviously, this is a step in the right direction. It is a private member's bill. Beyond this, more legislation will follow so that we can follow through on an open parliament concept.

With its enormous power and responsibility, it is simply not acceptable in modern society for the Board of Internal Economy to meet in secret. Canadians deserve greater accountability. We have been saying this now for the past little while, and we continue to say this. The Board of Internal Economy provides a very specific function and a vital function in the heart of our democracy. It is certainly a vital operation within this House of Commons. We have seen it all over the news lately, for reasons I will not get into.

As secretive as it may be, in some cases we can understand why, when it comes to personal information, but for all the issues it deals with, there is no really grand or true reason it should be secret.

The transparency act would raise the bar on openness and transparency in government by significantly strengthening Canada's access to information laws, as was pointed out earlier. Again, that is open by default.

Canadians deserve a strong access to information regime that ensures true transparency and accountability.

The Access to Information Act has not changed in any significant way since it was passed and now it is time to act. We are proud to say that the member for Papineau, the leader of our party, has decided to act on this with his private member's bill, Bill C-613.

Let me go back to the Board of Internal Economy and the reform that is being proposed with the bill. The transparency act makes the House of Commons Board of Internal Economy open by default. Today MPs are making decisions about the regulations that govern their own spending with insufficient public scrutiny. Public scrutiny is the concept we have been using here for quite some time. It is bandied about within the media, not only the media here on the Hill but media throughout the country. That is why it is very important to make sure that this secretive committee is far more open than it used to be, to have this in the public realm. Discussions there are secret by law. It is time to change that law. By bringing openness to the board's conversations we could better serve Canadians. They have demanded more accountability and they would get more accountability upon passage of the bill.

Earlier speakers talked about it not going far enough, but we think this is a very substantial step.

We just spoke about access to information. The report came out today so let me expand on that and relate it to Bill C-613.

Achieving more open government makes sense for Canada. Governments around the world that embrace this concept have demonstrated new ways to reduce costs, spark entrepreneurial initiatives and help the public and private sectors to better serve citizens. A country's access to information system is the heart of open government.

We were in committee and spoke to the commissioner at that time. She talked about examples around the world and how it was a low-cost mechanism, very open, very accountable and very efficient in many ways. The problem she cited was that the office here was not given the resources to bring it up to an international standard that was acceptable, not just acceptable in the eyes of other countries and what they are doing administratively, but acceptable to all Canadians across the country who expect open government from us. Several of the measures we have taken earlier show that and this particular bill is that substantial step.

The information commissioner said:

Real improvement in the access system will only come from modernizing the act—a long-overdue step that is crucial to advancing the cause of transparency and accountability in Canada.

Therefore, it is not just from those of us who are supporting the bill, but it is also from the commissioner herself who is mirroring these comments about why it is so necessary to make these changes so that we can be open by default.

We are open to amendments, suggestions and improvements on the bill. We look forward to that in time.

The other thing the information commissioner spoke about, and she spoke very well, is the efficiency of the system and the cost. She told us that she did not want the cost of the system to rise. That is why we use the $5 fee in the bill, to talk about that and how it is refundable after someone does not get the information in a specific period of time.

When we were in committee, the Conservatives talked about having another tier of fees for private individuals. In the case of businesses where they wanted certain information from the government and it was not coming quickly enough, they said that maybe we should charge them more. If I had a small business, I do not think I would have liked to hear that. I do not know if they thought that through fully, but if we think about it, if we are going to start escalating two-tier costs and also in talking about privacy they want more redaction within this, who is it really serving in this particular case? Now we have legislation, an act that is servicing the government by putting on the false show of saying that we are open by default when in fact that is not the case in practice. There are two things here, the costs are down but if something is going to be redacted, in this particular legislation it should be justified to the hilt. It should be justified to the point that we are open by default. Therefore, it is not up to the government to just say that something is politically insensitive, so it will redact that part of the information and therefore Canadians cannot see it.

This may not come as a big surprise to many people in the House, but I do support this piece of legislation. I urge all members in the House to support it because this is a very significant step toward open government, open by default, as certainly was put forward by the information commissioner today.

Parliament of Canada ActPrivate Members' Business

March 31st, 2015 / 5:35 p.m.
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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, it is hard to say a lot in six minutes on an area as important as access to information, but let me do my best.

Today, was a historic day. After two hard years of deliberation, our Information Commissioner, Madame Legault, brought forth a whole variety of recommendations to improve the Access to Information Act. I say that in the context of the debate on Bill C-613 that is before us, because this bill would not go nearly as far as even a tiny way toward what the commissioner said is necessary to fix our broken open government system.

A bill that would have gone much further than that was introduced by my hon. friend, the member for Winnipeg North, under the title Bill C-567, which I had—

The House resumed from November 18, 2014, consideration of the motion that Bill C-613, An Act to amend the Parliament of Canada Act and the Access to Information Act (transparency), be read the second time and referred to a committee.

December 4th, 2014 / 4:45 p.m.
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Information Commissioner of Canada, Office of the Information Commissioner of Canada

Suzanne Legault

In my opinion, that's the way the act is constructed. I hear what you're saying in terms of amending the purpose clause. Most people who want to amend the act want to amend the purpose clause.

I'm a lawyer. The purpose clause has been interpreted quite well by the courts in the last 30 years. I am somewhat leery of amending a purpose clause for that act. I would like to see the specific language. You may be referring to Bill C-613, and if that's the case then I think it will perhaps be more appropriate to comment specifically on that piece of legislation, if that's what you're referring to.

Parliament of Canada ActPrivate Members' Business

November 18th, 2014 / 6:20 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we need to look at this as an opportunity. Through the bill, we have a wonderful opportunity to send a very strong and powerful message to all Canadians. If we listened to our constituents on the issue of being open, transparent and accountable, if we consulted with them and put the bill before them, I truly believe the advice we would get from them would be that this bill was worthy of a yes vote. This is the type of legislation that could make a difference in a very real and tangible way on the issue of transparency and accountability.

When our leader presented the bill, he indicated it was a bill that would get the debate going, hoping that it would go to committee and that we would be open to ideas, thoughts and possible amendments. The initial response by the government was to deny. That is unfortunate.

If we read what the government member said, he referenced one aspect of the legislation. There was no comment on the Board of Internal Economy. We are talking about 2014, yet there is a law in place that says the board has to meet in camera. There is a need to change the law, yet the government's response was to ignore that aspect of the legislation. How would the Conservatives' constituents respond to that? Where is the government's need to listen to what good ideas come forward from the House of Commons?

This is not the first time we have seen an effort by the leader of the Liberal Party to bring forward an idea that has made a difference. We should remember proactive disclosure. I was sitting here when the leader brought forward the idea and sought unanimous consent of the House to move forward on proactive disclosure. The result was, no. There were parties in the House that did not want to go toward proactive disclosure. We persisted. The leader of the Liberal Party indicated that the Liberal caucus would have to abide by proactive disclosure. We were prepared to demonstrate leadership on this issue because we understood that Canadians' expectations were that much higher. We wanted to raise the bar. We wanted to show that we were prepared to be more transparent and accountable.

When we brought forward the proactive disclosure and the Liberal members acted on it, it was only a couple of months later that the Conservative Party joined in with us. I applaud them for recognizing a good idea. It took a few more months and ultimately an opposition day, but we were able to eventually gain support from the New Democratic Party. It is because of that building of consensus that we were able to pass a motion that ultimately led to change.

Everyone inside the chamber has the opportunity to vote for transparency and accountability. If we recognize the value of government data, then surely to goodness we recognize how important it is that the citizens of Canada have a right to gain that access. Bill C-613 would enable Canadians from coast to coast to coast more access, by default, to government data.

What is wrong with that? If the members have some ideas or have some concerns, at least they could vote for the bill to go to committee and raise it there. If they think they can improve upon the legislation, then they should bring forward amendments. I would suggest their constituents would agree with that thought.

What about the Board of Internal Economy? It would appear that we do have the support of at least two political entities on that issue. I am not sure where the government sits on it because the government member never commented on that aspect of the legislation.

Does the Conservative government or the PMO believe that we should still have a law in place in the year of 2014 that says we need to have in camera meetings, that it would be against the law to do anything otherwise?

I would like to think that if provided the opportunity to change that law, the government would recognize the benefits of it and allow for that to happen. I will be listening to future Conservative speakers who speak to the bill. I would challenge members to provide comment on that aspect also. Do members not see the value of it?

Going back to the access to information, it is very important to recognize that the Information Commissioner herself insists that the real improvements in the access to information system will only come from the modernization of the act, which is a long overdue step that is crucial to advancing the cause of transparency and accountability in Canada.

The leader of the Liberal Party indicated how long it has been since we have had real substantial changes. What we see in Bill C-163 is an opportunity for us to send a very strong message, and it is a part of the open Parliament plan that we have talked about for months now. It takes into consideration a number of bold, new initiatives that would make, and have made, a difference. This is just another step in the right direction that I believe Canadians would be very happy to see take place.

My concern is that, through the PMO or some selected members of the Conservative caucus, the Conservatives will not see the merits of the legislation before us. That would be most tragic, because, as I pointed out at the beginning of my comments, we need to recognize the importance of government data and the importance of Canadians having access to that necessary information, which is being stored within government data banks. There is a litany of reasons as to why this should take place.

The previous speaker talked about other countries. However, in recent years, Canada has not done well in terms of protecting the interests of access to information of government data. We continue to drop in the world ranking, and there is so much more we could do to improve upon that.

One of the most significant things we can do is vote in favour of this proposed legislation to go to committee. As it was indicated at the very beginning by my leader, we are in search of getting that all-party consensus. We were able to accomplish that on issues like proactive disclosure, and this is yet another step that would make a difference.

I challenge all members to read through the legislation to get a better understanding of the issue of the government data bank and having access to information. I challenge members to vote in favour of this bill going to committee so Canada can improve upon our access laws and end the law on in camera meetings of the Board of Internal Economy.

Parliament of Canada ActPrivate Members' Business

November 18th, 2014 / 6 p.m.
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Okanagan—Coquihalla B.C.

Conservative

Dan Albas ConservativeParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I am pleased to provide the government's response to Bill C-613, An Act to amend the Parliament of Canada Act and the Access to Information Act (transparency).

For many reasons, the government cannot support this bill, not least of which is because it includes a number of problematic amendments.

The proposed changes to the Access to Information Act, for example, would increase the required administration involved, and seldom does an increase in administration result in decreased costs or efficiencies to taxpayers. Our current system includes an independent Information Commissioner who reports directly to Parliament and who already has a strong mandate to investigate and resolve disputes concerning access requests.

This system has a very broad reach and includes nearly 200 federal institutions, including crown corporations like the CBC and Canada Post, and government funded foundations like the Canada Foundation for Innovation.

In 2012-13 alone, the system released nearly six million pages of information to Canadians, which is an increase of over a million and a half pages over the preceding year. During that same year, the government received and responded to nearly 54,000 access requests, which is more than in previous years.

This proves that Canada's access to information system is working well.

Under our Conservative government, Canadians are accessing more information from the government than ever before.

That is something all Canadians can be proud of.

The government is determined to ensure that Canadians continue to have access to government information and documents of all kinds. The government recognizes that accountability and transparency are an ongoing process.

We acknowledge that Canadians expect a high level of openness in government. We also understand that they expect to have more opportunities to participate in public affairs, particularly through the use of new and emerging technologies.

The government is committed to meeting these high expectations of Canadians, which is why we have continued to explore and implement new ways of giving Canadians access to government information. This includes our popular open data portal at data.gc.ca. This portal provides government data in machine-readable formats to enable citizens, the private sector, and non-governmental organizations the ability to leverage it in new, innovative, and value-added ways.

Our efforts also include the many measures we have taken to proactively disclose financial and human resources records of government institutions to the public. These include the disclosure of travel and hospitality expenses for selected government officials, contracts over $10,000, for instance, and the awarding of grants and contributions over $25,000, all of which can be found easily online.

By making this information readily available on departmental websites, Canadians and Parliament are better able to hold the government and public sector officials to account.

In short, we will continue to improve transparency and openness within government, but we will not do so by supporting the bill before us today.

The changes proposed by the member for Papineau ring hollow. After all, it was this member who accepted speaking fees from unions and then voted against union transparency legislation. It is also the member for Papineau who promises to repeal the First Nations Financial Transparency Act.

Recently, Barb Cote, a member of the Shuswap First Nations, thanked our government, stating:

The First Nations Transparency Act came in, and it actually showed what the previous council was doing—spending all our money on places that were not for the people.

This is the legislation that the member for Papineau will replace.

These, I would say, are not the actions of a champion of transparency.

The proposed changes in this legislation would lead to increased delays in response times to access for information requests and add cost pressures on government institutions.

As it stands, institutions are already required to document their deliberations and decisions on each request received under the act. Under our government, institutions are required to provide a detailed explanation every time they apply an exemption under the Access to Information Act. If requesters are not satisfied with the application of any exemptions, they may file a complaint with the Information Commissioner of Canada, who will examine the matter in detail. Also requiring the provision of detailed explanations every time an exemption is applied would add an unnecessary burden on the entire access to information program across the government.

The bill would also amend the Access to Information Act to eliminate all fees for access requests, except for the $5 application fee. This change would not show respect for the tax dollars of Canadians. As we all know, some individual access requests carry a large cost, given the high volume of records involved and the hours required to respond. So the government has the authority under the access to information regulations to charge an extra fee to reflect these costs. The government feels that it is quite reasonable to require a minor additional fee to process requests that consist of thousands of pages of material. I would add that federal institutions take a fair and judicious approach to charging these fees. This includes waiving or eliminating them. The vast majority of requests are fulfilled at no direct cost beyond the initial $5 application fee. In 2012-13, for example, this was the case for 99.5% of all cases. Again, 99.5% of these requests required no additional fee.

This legislation would also expand the mandate of the Information Commissioner to include the power to order the release of information. This would fundamentally change the role of the Information Commissioner, whose office would then become a quasi-judicial body. This would be in addition to the Information Commissioner's current role as an ombudsperson, which works well given her strong powers to investigate and resolve disputes about access requests.

I would also note what former information commissioner John Reid had to say on this question. He told a parliamentary committee in 2005 the following:

There is no evidence that order powers would strengthen the right of access, speed up the process, or reduce the amount of secrecy. The experience of 22 years is that the ombudsman model works very well. Fewer than 1% of complaints end up before the courts.

That said, it would be much better to continue with the present situation where the commissioner can apply to the Federal Court when an institution refuses to follow one of her recommendations to release some records.

I would just like to talk about one last change proposed in this bill: the requirement for a parliamentary committee to review the Access to Information Act every five years. I just want to say that the House of Commons Standing Committee on Access to Information, Privacy and Ethics is responsible for carrying out such reviews and reporting its findings. The committee has actually carried out 15 studies on access to information since 2006.

From a careful reading of this private member's bill, I see more costs and more administration being added to government. I also see the potential for more litigation and disagreement, which in turn would add costs and further slow the process.

I do welcome the proposal by the member for Papineau to improve the transparency of the Board of Internal Economy. However, as stated by the Clerk of the House and former Speakers, there will always be a need for the board to meet in camera.

I would therefore encourage all members of this place to join me in opposing Bill C-613.

Parliament of Canada ActPrivate Members' Business

November 18th, 2014 / 5:45 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

moved that Bill C-613, An Act to amend the Parliament of Canada Act and the Access to Information Act (transparency), be read the second time and referred to a committee.

Mr. Speaker, I am pleased to rise today and speak on Bill C-613—the transparency act—my private member’s bill offering concrete reforms to raise the bar on openness in government. Since the beginning of my leadership campaign, I have been talking about the need to improve the transparency of our institutions. I do believe that this is how we can restore a sense of trust in our democracy.

In my leadership campaign, I offered specific proposals on democratic reform: particularly, ending the practice of appointments of candidates by party leaders and, instead, holding open nominations; loosening the grip of the Prime Minister's Office on Parliament; working with all parties to consider electoral reform; banning partisan government advertising; and embracing evidence-based scrutiny.

After my election, our Liberal caucus also put forward the open Parliament plan, a tangible strategy to shine more light on what happens here on Parliament Hill. The plan called for more frequent and accessible reports of all parliamentarians' spending data, as well as mandatory performance audits of both Houses every three years by the Auditor General.

The open parliament plan called for the creation of public guidelines for more detailed audits, ending the secretive nature of the Board of Internal Economy, and the proactive disclosure of parliamentarians’ expenses at the standard of government ministers.

That announcement was not just about the ideas themselves; it was also about demonstrating a willingness to raise the bar on openness and transparency, and it was about working across the aisle to achieve results.

While it took a bit longer than we might have hoped, hon. members unanimously agreed to adopt the Liberal model and create a new system of proactive disclosure. It was a great example of how parliamentarians could work together.

It was also the Liberal Party that took steps to reduce partisanship and patronage in the Senate, by limiting membership in the national Liberal caucus to elected MPs only.

We are committed to instituting an open, transparent and non-partisan appointment process for that upper house. Taken together, these actions can end the partisan and patronage-based nature of the Senate, all without launching a new round of constitutional negotiations.

We are proud of what we have done so far, but there is more we can do. With this private member's bill, I wanted to offer an additional step in the continuing effort to raise the bar on openness and transparency, not just in Parliament but in government.

The transparency act would improve openness in government in two fundamental ways.

First, it significantly strengthens Canada’s access to information laws by mandating that government information is open by default.

Second, it achieves another goal in our open parliament plan by ending the secretive nature of the Board of Internal Economy.

Achieving a more open government makes sense for Canada. Governments around the world that embrace this concept have demonstrated new ways to reduce costs, spark entrepreneurial initiatives, and aid the public and private sectors in better serving citizens. After all, a country’s access to information system is at the heart of open government.

There is no doubt that our current access to information regime is outdated and needs to be updated to reflect governance and technologies in the 21st century. The world’s strongest access to information systems have been updated within the last five years. Ours is stuck in the 1980s.

As we know well, Canada's record on its access to information and privacy system has been criticized by the Information Commissioner, the press, researchers and independent experts. Proposals for reforming our access to information and privacy regime are certainly nothing new. Members from all parties in this place have advanced the need for reform, most recently the hon. member for Winnipeg Centre.

I would like to collaborate with all parliamentarians to implement the following reforms.

First, the transparency act would legislate that all government data and information would be open by default and would be available in user-friendly formats that would keep up with modern technologies.

Second, the act would require that only the initial $5.00 request be paid by Canadians, with no additional fees added on later.

Third, the Information Commissioner's mandate would be expanded so she herself could enforce information laws and ensure that government information would always open by default.

Fourth, the act would require a statutory review of our access to information laws within 90 days of this bill receiving royal assent and every five years thereafter. This would ensure that the regime would reflect modern technologies and would continue to serve Canadians.

The Information Commissioner herself has insisted that:

[r]eal improvement in the [access to information] system will only come from modernizing the Act—a long-overdue step that is crucial to advancing the cause of transparency and accountability in Canada.

I agree, and I know that many of us in this place do too.

As I have already addressed, the transparency act would also make the House of Commons’ Board of Internal Economy open by default.

Today, parliamentarians are making decisions about the regulations that govern our own spending with insufficient public scrutiny. Our parliamentary system enables parliamentarians to govern themselves, but it must be done in the open.

I share the view of many that we need an open board and a system of oversight more similar to that in the upper house.

When inappropriate spending in the other place was examined, Canadians were better served by an oversight body that was accessible to the press and to the public. Like the upper house, the reforms included in this transparency act would provide the flexibility to go in camera when sensitive, personal or personnel matters are discussed.

However, in fairness to those who currently sit on the Board of Internal Economy, their discussions are now kept secret by law, a reality which has been affirmed to me in my consultations with parliamentary counsel. The statutory oath of secrecy can only be overcome with a legislative change, and the transparency act would offer that. It is time to change that law.

I believe that by bringing openness to board conversations, we can better serve Canadians. They have demanded more accountability, rightly so, and they will get more accountability.

It is with a positive spirit and optimism about its passing that I introduce the transparency act in the House of Commons. I consulted on this bill with Canadians across the country throughout the summer and fall. I have heard what Canadians think about the state of transparency and accountability within our government. It is abundantly clear to me that they have an appetite for change. Canadians are looking for a better, open and modern government.

The Liberal Party is genuinely committed to working with all parties to pass the transparency act in the House of Commons. Just as we did in achieving the proactive disclosure of parliamentary expenses, we want to achieve an all-party consensus to pass the transparency act. We are open to amendments, suggestions, and improvements, and we hope that members of all parties will engage in meaningful debate and questions on the bill that I have spoken on today.

The important reforms included in the transparency act are fully achievable. The fate of this bill is not in the hands of the government alone; it is also in the hands of individual members of Parliament from all parties. Together, we can make a difference and provide Canadians with an example of parliamentarians reaching across the aisle in pursuit of a common goal.

I am convinced that in the service of all Canadians, we can work together within Parliament to raise the bar on openness and transparency in our democracy.

October 7th, 2014 / 1:15 p.m.
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Conservative

The Chair Conservative Dave MacKenzie

Thank you.

Next is Bill C-613.

Reform Act, 2014Private Members' Business

September 18th, 2014 / 5:30 p.m.
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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Mr. Speaker, I rise for the first time in the House to join the debates, and I do so with a profound sense of humility. I wish to express my tremendous appreciation to the residents of Scarborough—Agincourt for the distinct honour of representing them as their member of Parliament.

As this is my inaugural address in the House of Commons, I am mindful of the sense of history of this place. In my youth, I fell in love with Canadian history, and when I finally had the opportunity to visit Parliament, I realized why this place was so important. Not only is this where we make our laws and establish our government, it is this place that symbolizes the fundamental value of our democratic freedom. This is a freedom that flows through our evolved relationship with the Crown and with the institutions of sovereign and colonial power.

I have deliberately chosen this legislation to rise for my first time to join the debates in the House of Commons because I recognize the very important symbolism that the bill has come to represent across our country. There is a fundamental sense that democracy in our country, and across all democratic countries, is gradually eroding. Participation rates in elections have been steadily dropping. Canadians are increasingly developing a sense that our democratic institutions do not matter.

As members of Parliament, we each owe a critical duty to arrest this development and to increase confidence in our democratic institutions.

I look to my recent by-election and that of my fellow three colleagues who were elected on June 30. In that by-election, we saw participation rates drop to incredible lows. Sadly, in my riding of Scarborough—Agincourt less than 30% of electors chose to cast a ballot. My colleague in the riding of Trinity—Spadina probably had the best turnout in having approximately one third of the ballots cast by those who were eligible to vote. In the two Alberta by-elections, we saw voter participation drop to roughly 19% in Macleod and 15% in Fort McMurray—Athabasca.

We have seen participation rates in successive federal and provincial elections continue to drop. This is a broad question that all of us, as members, need to ask and, ultimately, to be concerned about.

To that end, I would like to pay tribute to the hon. member for Wellington—Halton Hills for the intent behind his private member's bill, Bill C-586, entitled simply “Reform Act”. In reading his backgrounder on this bill, I noted that it was his intent to reinforce the principle of responsible government. It was also his intent to provide checks against the exercise of executive power over the legislature. In particular, my friend sought to ensure that party leaders maintain the confidence of their respective caucuses.

This is a laudable goal and it is an attempt to bring back the normative practices of our Westminster model of government. However, when one actually examines the substance of the bill, I have to admit that I find somewhat of a disconnect between the aspirational aspects that the member for Wellington—Halton Hills is proposing and the practical outcomes of his bill. It leads to a series of questions and concerns.

In his backgrounder to the legislation, my friend from Wellington—Halton Hills attempts to address four broad reforms: first, restoring local control over party nominations; second, strengthening caucus as a decision-making body; third, reinforcing accountability of the party leader to caucus; and fourth, reforming the institution of Parliament.

I submit that my friend's intent to codify what has been the conventional practices reflects, unfortunately, a failing of members to exercise their very rights and privileges as members of Parliament. In some aspects, the changes proposed are rigid in that they seek to impose and create controls over political parties and their practices.

I have trouble with this approach. I can fully understand having parliamentary oversight over the practices of political parties, for example, as it relates to issues like financing, particularly when there are implications on our tax system or when there might be the possibility of undue influence as a result of public financing.

As it relates to the organization of political parties themselves, I am fundamentally convinced that these organizations should set their own rules and that participation by the broader public would be judged on effect, or how democratically these institutions operate. Let us leave the constitution of political parties up to the political parties themselves.

I know that the hon. member for Wellington—Halton Hills has consulted broadly on his bill, including soliciting input from various members of this House to address the operational concerns of his proposed legislation. I applaud my friend for reaching out. This is in fact how we should be working together and returning ourselves to a more civil time, when all members in this place were treated with honour and respect.

Let me say that here in the Liberal Party, we intend to honour the very spirit of my friend's legislation. It is our intent on this side of the House to allow all members of the Liberal caucus to vote on this private member's bill by way of a free vote.

Let me also say that despite outlining some of our concerns, it is my intention to support my friend's bill and to vote yes when it comes up for a vote at second reading. I will note that I reserve my right to reconsider my vote, depending on what transpires when the bill is sent to committee and we see what emerges at third reading.

I should also state that the Liberal Party has a different approach. I recognize that my friend from Wellington—Halton Hills may have some cause for concern about the practices within his own party or by the approach taken by the Prime Minister and the executive council, but here in the Liberal Party, we have decided that restoring trust in Canada's democracy will encompass the following reforms that have been passed, by a party resolution, by our own party. These include free and open democratic nomination of our candidates; fewer whipped votes and more free votes, requiring individual MPs to assume full responsibility for their decisions; stronger parliamentary control of public finances, including an annual deadline in the budget; accounting consistency among estimates and public accounts; more clarity in voting on estimates; a cost analysis of all government bills; and a requirement that government borrowing plans obtain Parliament's pre-approval.

We would seek an independent and properly resourced parliamentary budget officer. We would move to a more effective access to information system, with safeguards against political interference and meaningful whistle-blower protection; an impartial system to identify and eliminate wasteful partisan government advertising, like we actually have in the government of Ontario; limitations on secret committee proceedings; a limitation on omnibus bills; and limitations on the use of prorogation for the short-term convenience of the government.

We would move to adequate funding, investigative powers, and enforcement authority to ensure that Elections Canada could root out electoral fraud.

We would move to proactive disclosure of parliamentarians' expenses and a more transparent Board of Internal Economy that has proper audit rules.

Finally, we would move toward a truly independent Senate.

To that end, I would encourage my friend to also support Bill C-613, known as the transparency act, that was introduced by my leader, the hon. member for Papineau.

The goals of this bill my friend from Wellington—Halton Hills is presenting are laudable. Those on this side want a House where Parliament respects the principles of responsible government and the rule of law. I know that my friend has had challenges with his own party and with the sometimes difficult nature of the exercise of executive power.

Therefore, I challenge my friend from Wellington—Halton Hills to make the changes within his own party before we impose changes on all political parties, and if he cannot change his party, he is welcome to change parties.

Parliament of Canada ActRoutine Proceedings

June 11th, 2014 / 3:15 p.m.
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Liberal

Justin Trudeau Liberal Papineau, QC

moved for leave to introduce Bill C-613, An Act to amend the Parliament of Canada Act and the Access to Information Act (transparency).

Mr. Speaker, I want to thank the hon. member for Avalon for seconding my bill.

I am pleased today to introduce the transparency act. I genuinely look forward to working with all members of the House to further open up Parliament and government for the benefit of all Canadians.

(Motions deemed adopted, bill read the first time and printed)