Bill C-58 (Historical)

An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

This enactment amends the Access to Information Act to, among other things,
(a) authorize the head of a government institution, with the approval of the Information Commissioner, to decline to act on a request for access to a record for various reasons;
(b) authorize the Information Commissioner to refuse to investigate or cease to investigate a complaint that is, in the Commissioner’s opinion, trivial, frivolous or vexatious or made in bad faith;
(c) clarify the powers of the Information Commissioner and the Privacy Commissioner to examine documents containing information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege in the course of their investigations and clarify that the disclosure by the head of a government institution to either of those Commissioners of such documents does not constitute a waiver of those privileges or that professional secrecy;
(d) authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requesting or obtaining records and to publish any reports that he or she makes, including those that contain any orders he or she makes, and give parties the right to apply to the Federal Court for a review of the matter;
(e) create a new Part providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices, government institutions and institutions that support superior courts;
(f) require the designated Minister to undertake a review of the Act within one year after the day on which this enactment receives royal assent and every five years afterward;
(g) authorize government institutions to provide to other government institutions services related to requests for access to records; and
(h) expand the Governor in Council’s power to amend Schedule I to the Act and to retroactively validate amendments to that schedule.
It amends the Privacy Act to, among other things,
(a) create a new exception to the definition of “personal information” with respect to certain information regarding an individual who is a ministerial adviser or a member of a ministerial staff;
(b) authorize government institutions to provide to other government institutions services related to requests for personal information; and
(c) expand the Governor in Council’s power to amend the schedule to the Act and to retroactively validate amendments to that schedule.
It also makes consequential amendments to the Canada Evidence Act and the Personal Information Protection and Electronic Documents Act.

Access to Information Act

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

We are not sure if he paid the fine.

The Liberals always blame the governments that have come before them for all the issues they have. They claim that the Conservatives did this or that or that the NDP is just as bad. They are always blaming people. They never take full responsibility. The other thing they say is to trust them.

Members may remember last spring when the Minister of Justice was in Toronto meeting with some high-priced lawyers. There was a bit of a conundrum there. There were questions about whether she was there as a member of Parliament or there as the Minister of Justice who was looking to make some appointments. It was a pay-to-play event. The minister had to come before us. I do not think we got an apology.

My grandmother used to say if it looks like a duck, smells like a duck, and quacks like a duck, it is probably a duck.

There are some things we have seen over the last two years with the Liberal government that are just odd. Arrogance is one. We have a millionaire Prime Minister. I do not know whether our finance minister is a millionaire, a multi-millionaire, or a billionaire. Both are embroiled in some ethical scandals. That they sit there smugly is disappointing.

I know that there are good people on each side of the House. There are government members on the backbenches. When those two were up and the questions were going on, and it came up that the finance minister's father even sold shares at one point days before some legislation was tabled, we could see the members' faces. Oh no, not again. The reason Bill C-58 is so important and why the Liberals are rushing it is so Canadians cannot find that out. The government wants to shut it down. They want to pick and choose what Canadians see and hear. That is disappointing.

I am a first-term member of Parliament, and I have enjoyed every minute of my time here. There are great people on all sides of the House. One learns a lot from every member of Parliament. I really believe that members on the front bench of the government, cabinet members, have let the backbench down. They are the leaders within that caucus. We just heard one minister today make some terrible comments to some thalidomide victims. Time and again we see these missteps.

During the campaign, the Liberals said they were ready. They made promises. Let us talk about the one big promise they made. They said they were going to have only a $10-billion deficit. Where are we now with that? It is gone. It went right out the window. Does anyone remember their promise about electoral reform? That is another promise that is gone.

I have 29 seconds to go. I know I am going to get some great questions, because members opposite have been listening to me intently. I am ready for them.

Bill C-58 is not open and transparent. It is not sunny ways. It is cloudy ways. The cabinet and the Prime Minister are doing everything they can to slide back into a decade of darkness. They do not want Canadians to have the information they deserve.

[Andy Fillmore, Liberal, Parliamentary Secretary to the Minister of Democratic Institutions]

Madam Speaker, I am puzzled by the discussion of the member for Cariboo—Prince George and that of his colleagues on the opposition benches today about bad legislation. We are here today to talk about great legislation. We are tabling great legislation that is wonderful for all Canadians.

However, while we are on the topic of bad legislation, perhaps my friend could tell us why the Conservative Party was able to pass over 250 pieces of legislation in a 10-year period, but somehow never got around to its 2006 campaign promise to address deficiencies in the Access to Information Act. Did the Conservatives run out of time perhaps or was it number 300 on their list of priorities? Maybe the member could explain his displeasure with the fact that we are finally getting around to a Conservative campaign promise.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, that is what I love about Liberals. The arrogance gets the best of them. What did I say in my speech? I said that the Liberals' argument was that the Conservatives did not get around to it, that the Conservatives did this or did not do that. That is exactly what they are doing now.

We are not here to talk about what we did and did not do. We are here to talk about the current government. The Liberals lied to Canadians during their election campaign. At the time, the member for Papineau campaigned on day 10 and said that his government would be the most open and transparent government in Canadian history. He lied.

[The Assistant Deputy Speaker, Carol Hughes]

I would remind the member that pointing out that somebody is lying is not parliamentary language. Nor is it acceptable.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

You are absolutely right, Madam Speaker. I should not have said he lied. Perhaps I should have said he misled Canadians.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, having heard the previous Liberal question about this great bill, I will ask the member about four snappy quotes.

The first is, “The proposed reforms are just not good enough,” which was said by Toby Mendel, the executive director of the Centre for Law and Democracy.

The second is, “The bill take a step backwards”, which was said by Duff Conacher, co-founder of Democracy Watch.

The third is, “Bill C-58 would actually make the Access to Information Act more difficult to use”, which was said by Mark Weiler, a distinguished librarian at Wilfrid Laurier University.

Finally, Bill C-58 “would result in a regression of existing rights.” Who said that? The Information Commissioner.

In the hon. member's somewhat broad-ranging remarks, he expressed his discontent with the bill. However, the Conservatives did nothing in 10 years in power and did not even introduce any amendments at committee. Have you no faith at all in the Liberals' ability to accept amendments, or are you reverting back to your pattern of not acting on this?

[The Assistant Deputy Speaker, Carol Hughes]

I would remind the member for Esquimalt—Saanich—Sooke to address the question through the Chair. I am sure he was not directing that question to the Chair.

The hon. member for Cariboo—Prince George.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, I thought we were doing so well with the NDP and the Conservatives pointing fingers squarely where they should be, which is across the way. We are stronger when we work together, and my hon. colleague should know that. I have the utmost respect for him, and he knows that.

I was not part of the previous Parliament, so far be it for me to stand here, make excuses, and talk of what was done and what was not. I do not sit on the committee that deals with this. However, from the experience I have had, whether it was the fisheries committee, the natural resources committee, or the indigenous affairs committee, when Liberals ask us to trust them and get it to committee, it is hear no evil, see no evil, speak no evil. They do not listen. The Liberals know best, apparently. They do not listen to people or the quotes that my hon. colleague read, including the one by the Information Commissioner. They do not want to listen to Canadians who say this is wrong. They definitely do not want to listen to the opposition.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is somewhat nice to see a bit of division between the unholy alliance at times. I listen to Conservative after Conservative speak. I think the Conservatives have their collective head in the sand here. They do not recognize a good thing when they actually see it. They are not in touch with what Canadians think on the issue of transparency and accountability, and I invite the member across the way to run some of these thoughts by his constituents. For example, how many of his constituents would oppose giving more power to the commissioner? How many of his constituents would oppose proactive disclosure?

I know the Conservative Party has reluctance on it, but at least when the Prime Minister was leader of the third party and when we first talked about proactive disclosure, it only took a couple of months for the Conservatives' lightbulb to turn on and say that it was a good idea. They ended up supporting it.

We do not have to wait two months; this is a good idea. I would suggest the member vote in favour of the legislation. His constituents would be proud.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, first, I would invite my hon. colleague to visit my riding. My constituents are quite disappointed in the Liberal government. They know full well that Bill C-58 is under the guise of ensuring the Liberal government, the Prime Minister, and his cabinet are not going to be open and transparent with Canadians.

There are some things that Bill C-58 captures, but the Liberals can already do that. They do not need Bill C-58 for those.

Bill C-58 is a present wrapped up with a shiny bow and all that stuff. The sole purpose of it is to ensure the ministers and the Prime Minister have a say in what is made public. That is it.

For the hon. colleague to stand, which he does every day and I welcome his comments, and say that this is more open and transparent and that my constituents would be very happy with it, I welcome him to come to my riding and we will meet with the constituents one on one.

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Madam Speaker, the member mentioned a good point. He talked about how the Liberal government had made much about this supposedly higher bar, about avoiding even the appearance of conflict of interest, about structuring affairs to bear the closest public scrutiny, and about ensuring that at all times it was held to the highest account. However, when caught, it always revert to the lowest bar possible and a denial that any rule has been broken.

Could the member comment on the hypocrisy between—

[The Assistant Deputy Speaker, Carol Hughes]

A brief answer from the member for Cariboo—Prince George.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, in fact, in the Liberals' campaign document, the second page states, “Together, we can restore a sense of trust in our democracy. Greater openness and transparency are fundamental to accomplishing this.” The next paragraph goes on to say, “Our objective is nothing less than making transparency a fundamental principle across the Government of Canada.” What a farce. As soon as the Liberals were elected, they said, “Just kidding” and it did not happen.

Bill C-58 definitely should go back and be rethought. All the Liberals are doing is shutting down debate and the information Canadians deserve.

[The Assistant Deputy Speaker, Carol Hughes]

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Banff—Airdrie, Taxation; the hon. member for Timmins—James Bay, Indigenous Affairs; the hon. member for Saanich—Gulf Islands, Natural Resources.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, it is always a pleasure to be in the House when you are presiding.

I participated in the debate at second reading, hopeful that for once the government would be open to amendments. As I recall, the President of the Treasury Board promised they would be open to amendments. Regrettably, every amendment tabled by my colleague was rejected.

Why is that important? As the representative for the Conservative Party stated, great promises were made by the Liberals when they ran for office, a new world of openness and transparency and sunshine. What are they offering? Like many of the bills they have brought forward, they tell us not to worry, that they have not made those changes they promised, that in five years when we review the bill again, they will think about whether they will bring those forward. It is getting very tiresome.

It is time for the government to deliver on its promises and on requests by Canadians, by experts, and by its own commissioners to open access to information.

I have shared in the House that in my 40-plus years as an environmental advocate, I championed the cause for the rights of citizens to have a voice in environmental decision-making. Critical to that is having the opportunity to participate in the review of standards and the review of projects, policy, and trade deals. For the public to constructively participate, it is very critical they have ready access to information. The government has failed on that.

The Liberals have said that they will have a proactive disclosure, but then it is up to the government to decide what the public will receive. Yes, it would be nice if the government were more open with access to information, but let me give a concrete example of where it has abjectly failed to deliver on this promise.

We are in the middle of negotiations on a “modernized” NAFTA. Very late in the day, the government suddenly remembered it would have strong provisions for environment in any NAFTA deal, yet there is no environmental adviser to the foreign affairs minister who is negotiating the deal. To her credit, she has industry representatives and representatives from labour, but no representative with environmental expertise.

Very late in the day, at the eleventh hour, the environment minister established an advisory committee. We have no idea what role it is playing, whether its ideas are passed on to the negotiation table. We have no idea whatsoever what the government is proposing for environmental provisions in the NAFTA deal, unlike the Americans. We can criticize the Americans as much as want, but they tabled and made publicly available all the provisions they were intending to seek for environment in a negotiated trade deal. So much for openness and transparency.

Nothing in Bill C-58 will improve that, because the government has made its own decision that it will not disclose that information in advance to the public. To make matters worse, the Liberals issued a call for public comments on a revised NAFTA, when we did not even know what a revised NAFTA would say. I do not know what the outcome of the consultations were but I heard from a lot of Canadians who asked how they could comment on a trade deal when they did not even know what it would include. The Liberal Party's idea about open access to information and timeliness is a bit of Russian roulette.

Why is it important for Canadians to have access to information? From my perspective, as the environment and climate change critic and as an advocate for environmental rights for over 40 years, these are the kinds of things the public wants. They want to know in advance, before they are consulted, if they are consulted, what the planned routes are for pipelines. They want to know the locations of chemical plants before they are approved. They want information on the potential or known impacts of toxins on their health. That request was made very strongly by very many people who testified before our parliamentary committee.

The government has been in power now for over two years. What was one of the Liberals' big election promises? They promised they would immediately restore all federal environmental laws. Well, there is nothing stopping them from tabling today or tomorrow a revised Canadian Environmental Protection Act to extend these kinds of rights. We had a review by our committee with all kinds of recommendations to amend the act, but there has still been no action, and we will not hold our breath for a response.

We want to know about the safety of consumer products before they are made available for sale. Again, it is a specific request made by experts to our parliamentary committee. We are still waiting for action to make that information available. It is a vacuous offer to increase and improve access to information when, in fact, the Liberals bring forward a bill that provides very little.

As my colleague did, I will also share from the Information Commissioner's report on Bill C-58 entitled “Failing to Strike the Right Balance for Transparency”, which reads:

In short, Bill C-58 fails to deliver.

The government promised the bill would ensure the Act applies to the Prime Minister’s and Ministers’ Offices appropriately. It does not.

The government promised the bill would apply appropriately to administrative institutions that support Parliament and the courts. It does not.

The government promised the bill would empower the Information Commissioner to order the release of government information. It does not.

Rather than advancing access to information rights, Bill C-58 would instead result in a regression of existing rights.

That is from the report of the Information Commissioner, and it is a scathing review, yet members of the government stand and defend the bill they have brought forward.

The bill could have been strengthened if the government finally delivered on the undertaking in this place by the President of the Treasury Board that he would welcome amendments to strengthen the bill, and yet the government refused every single amendment brought forward by my colleagues. This is not open and constructive government. It is not listening to experts. It is not listening to its own commissioners. It is not listening to the public.