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

[Kellie Leitch, Conservative, Simcoe—Grey, ON]

Mr. Speaker, one thing the member said is that citizens would not need to make a case. Actually, they would have to make even more of a case now because of the subjectivity of this legislation. That is concerning to me. In a free and open democracy, if a citizen is to make a case and actually have results, they should get those, not just from the subjectivity of a minister or a bureaucrat randomly making a choice.

In addition, the member also stated that there needs to be powerful and meaningful oversight. Robert Marleau, the former information commissioner, said he has real concerns. As he has stated, “They've taken the commissioner out of the loop.” If someone requests briefing materials, and parts of them are blacked out, there was someone to appeal to in the past. Now this is no longer the case.

The two issues the member has brought forward to the House are actually not borne out in the legislation. Would the member like to correct the record, because obviously, this is subjective and is not meeting the needs of Canadians?

[Kim Rudd, Liberal, Northumberland—Peterborough South, ON]

Mr. Speaker, the member is absolutely right about subjectivity. The member's subjectivity is possibly clouding the overarching positive aspect of this bill, and that is the ability of Canadians to access information to which Canadians are entitled.

I will reiterate comments made earlier today about the fact that this is a big change for Canadians. Starting about 12 years ago, for a period of 10 years, Canadians waited six, seven, and eight years to actually get information from the previous government, and then, in fact, it was denied.

Bill C-58 takes a new approach. It is open by default, with the opportunity for all Canadians to access the information they are rightfully entitled to.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, the parliamentary secretary mentioned open by default several times. We know that the Liberals campaigned in the last election on a promise to make things open by default, to open up the Prime Minister's Office and ministers' offices to access to information requests, yet they have now backed down on that promise. The Liberals have broken that promise.

Could the parliamentary secretary comment on why the Liberals decided to break that promise?

[Kim Rudd, Liberal, Northumberland—Peterborough South, ON]

Mr. Speaker, this piece of legislation does in fact talk about the openness of the Prime Minister's Office and ministers' offices and access to briefing materials, information that in the past was not readily accessible by Canadians.

We are indeed fulfilling our promise to make sure that those in the Prime Minister's Office, ministers' offices, deputy ministers' offices, and the like would now have a reporting mechanism that allowed Canadians to see the very information the member is talking about.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, my question is for the hon. Parliamentary Secretary to the Minister of Natural Resources. The former information commissioner, Robert Marleau, had this to say about Bill C-58:

There are many, many countries that are much better, and some that are not quite as advanced technologically as we are. We are not the shining light, even after this legislation, and we were in 1983. In 1983 most countries looked to us for innovation and transparency, and we've lost that halo.

This is from a knowledgeable, non-partisan observer. Although Bill C-58 includes some welcome efforts at transparency, it falls far short of what provincial governments, such as B.C. and Alberta, are doing in this country. I would ask the parliamentary secretary if she does not agree that the government should do better.

[Kim Rudd, Liberal, Northumberland—Peterborough South, ON]

Mr. Speaker, I think that is exactly the point. The mandatory review every five years is about making it better. It is about looking at each piece of legislation as we change as a country and as a society, as technology changes, and as opportunities to make things better come about. The mandatory five-year review speaks exactly to that.

This bill has not been reviewed since it was created in 1983. In 2016, the President of the Treasury Board made a commitment and started along this process. I am very happy to stand here and talk about Bill C-58, because I think it is a step in the right direction. Five years from now, we may be back here having a conversation about how our digital world has changed and how Canadians want us to respond to them, and we will be reacting to that.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I am pleased to rise in the House today for the first time since we all returned home this summer at the conclusion of an intense session.

I appreciate this opportunity to speak to Bill C-58, an act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other acts.

This bill will amend the Access to Information Act of 1984—I mean 1983. I am smiling as I say this. You will understand why in a moment.

The amendments to this act will affect every organization that sends information to federal institutions and every person who tries to obtain information.

Think back to 1983. Does anyone here remember who was in power? Who was the Prime Minister of Canada? No, it was not Mr. Mulroney, it was Mr. Trudeau, Trudeau senior. Trudeau senior was in power, he tabled this act in 1983, and today, his son is going to fix a past mistake. The Liberals passed legislation only to realize that it fell short of Canadians' expectations. That historical tidbit is why I was smiling earlier.

Reforming the Access to Information Act is a good idea. As parliamentarians, it is a good idea for us to open our eyes, to want to improve our systems and our laws. Unfortunately, upon closer inspection, it seems that this bill is once again just smoke and mirrors. That is what we are used to from the Liberal government. The bill has no substance. On the surface it appears to be a wonderful thing, but in reality it is a hollow bill.

This reform does not even fulfill the promise that the Liberals made during the 2015 election campaign. They said that they were going to extend the act so that it applied to the Prime Minister's and minsters' offices.

Here is the proposed wording in Bill C-58:

An Act to extend the present laws of Canada that provide access to information under the control of the Government of Canada and to provide for the proactive publication of certain information.

As parliamentarians, we do a lot of research to be able to provide clear and transparent information. I took the liberty of looking up the meaning of the word “proactive”. According to the dictionary, to be proactive means, “to be enterprising, to take initiative or to act on one's own initiative without waiting to be asked or instructed to do something”. The government is proposing legislation absent any accompanying framework.

I also looked up the word “appearance”. Excuse me, I meant to say “transparency”, but it all relates because what the Liberals are interested in is the appearance of transparency. The dictionary defines “transparency” as, “complete accessibility to information regarding public opinion”. If I am smiling yet again, it is because I was pleasantly surprised to see the example that followed, which was, “demanding transparency regarding political party financing”.

As fate would have it, we are talking about a Liberal bill and the dictionary gives an example that talks about transparency around political financing. I mention this in the House because I hope that the people watching at home will question the transparency of the Liberals' fundraising activities.

Let us recall that the Liberals made a promise about this bill during the election campaign, but they also made a lot of other campaign promises that they have not kept. A lot of people probably do not remember a very popular promise in the Montreal region, that of bringing back Canada Post letter carriers and their routes. The promise was made in 2015 and there has been a technological evolution since. I do not know whether the Liberals have evolved, but we in the Conservative Party have evolved.

Mr. Harper, our prime minister at the time, decided to manage public resources very carefully and to provide the same service to all Canadians. To get themselves elected and to play to the crowds, the Liberals promised that they were going to put the letter carriers back on the job. They are still not there. The Liberals also promised to reduce the tax rate for our businesses. I will come back to that later because, in terms of tax rates for businesses and of respecting SMEs, we are now seeing how this government treats the businesses that create jobs in Canada.

The Liberals also said that they would run a slight deficit of $10 billion and that they would get back to balanced budgets before the next election. They went on to waste a bit of money. I have no problem with investments when there is a plan. The Liberals, however, have no plan and they are making huge expenditures with no control or proper management of the public purse. The parliamentary budget officer, an independent officer of Parliament, cannot see the day when Canada's budget will again be balanced. It is comforting to have the Liberals in power.

The Liberals also said that it would be the last election where the current system would be used to choose the 338 members of Parliament who represent Canadians. The Liberals derided the committee, thanked the minister, and then removed her from her portfolio.

We are now talking about tax reform. Small and medium-sized businesses are the key economic drivers in my riding. We do not have a lot of big public multinationals, and in fact they do not represent the majority of businesses in Canada. They are big businesses, but the lifeblood of our regions and the Canadian economy are our SMEs. The Liberals never mentioned this during their election campaign, and today, they are taking away their incentive to thrive. These businesses have the right to prosper. These business owners, men and women, get up early every day and have to deal with the stress of managing their businesses and ensure that they do thrive. When they are able to thrive, they can provide jobs to our middle class, which we Conservatives stand up for. It is important to support our SMEs instead of stifling them. I received a text message from a business in Portneuf—Jacques-Cartier; I actually talked about it last week.

I will be told that I am biased, so I will quote an article from the wise and respectable newspaper Le Devoir from September 15, 2017, written by Shawn McCarthy, president of the Canadian Committee for World Press Freedom:

The Liberals promised that the ATI law would be amended to apply to the Prime Minister's Office and offices of ministers. [Bill] C-58 does nothing of the sort. It maintains the status quo.

When the [Liberal] government released its long-awaited bill to reform the 34-year-old Access to Information Act on a sunny Friday afternoon before Parliament's summer recess, it gave itself a check mark in the promise-kept column.

[Bill] C-58 represents an improvement over the current system. And the Liberals suggest it as a first step, with promises of more sweeping reforms some time later. But why wait?

Anyone taking the time to review C-58 before Parliament resumes September 18 will find the Liberals come up short on election promises made on Access to Information reform in 2015. As the Centre for Law and Democracy noted in a review of C-58, the proposed legislation “is far more conspicuous for what it fails to do.”

Let's look at those promises, starting with one the bill seems to have delivered—enhanced powers for the Information Commissioner. Bill C-58 gives the commissioner the overdue power to order government departments to disclose information.

The government promised to eliminate all ATI fees except the nominal $5 application fee. That promise was delivered before C-58 was tabled.

The Liberals did not need this bill. I will read another section from the article: “The Liberals promised that the Act would apply to the Prime Minister's Office (PMO) and offices of ministers. C-58 does nothing of the sort. It maintains the status quo.”

I could go on, but I will stop there by saying that, although it seems good on the surface, this bill has no substance.

[Filomena Tassi, Liberal, Hamilton West—Ancaster—Dundas, ON]

Mr. Speaker, I would like to remind the hon. member and others in the House that the legislation has not been touched in 30 years. That was part of the reason we campaigned on openness and transparency and why this government is moving forward with the changes suggested in the legislation.

One of the initiatives in the bill includes taking away the fee, so there will only be a $5 filing fee and everyone can have access to information. We do not want it to be cost prohibitive. Initiatives also include proactive disclosure for the PM's Office and ministers' offices, proactive disclosure for institutions that support Parliament, service improvements that will expedite the length of time for these requests, and reviews every five years. Does the member support these initiatives?

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I thank my colleague for her question.

If she had listened to my introduction, she would have heard me congratulate the government on having had the idea to bring in more effective measures to increase transparency and improve access to information.

In her intervention, my colleague mentioned the $5 fee, but the Liberals did not need a bill to bring that in. That was already done. What I am saying is that this is a hollow bill that has no teeth. We are wasting our time. We should have a clearly defined bill that allows us to proceed quickly.

Someone across the way mentioned a step-by-step approach earlier. I prefer to proceed quickly in the interest of all Canadians.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I thank my colleague for his speech and for the excellent corn on the cob from Neuville.

I would like to talk about the fact that this is just another broken Liberal government promise. It promised to extend access to information to the Prime Minister's Office and to ministers' offices. Unfortunately, it is not doing that. Instead, it is actually creating a new loophole. This is making things worse, because requests for information will be rejected from now on if they are deemed too general, if they seriously hinder government operations, or if they are filed in bad faith.

Does my colleague agree that this makes no sense? This kind of vocabulary gives too much latitude and will result in too many access to information requests being arbitrarily rejected.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to thank my colleague. I am delighted that he had a chance to taste Neuville's delicious sweet corn. This is not a competition, of course, because I know there are corn farmers in every riding. I am just happy to have the opportunity to let all the members of this House know that Neuville sweet corn has received a protected geographical indication, or PGI.

To answer my colleague's question, yes, this bill is hollow. What I find disappointing about this government is that it is wasting our time. It is introducing laws and saying it will roll them out gradually, but it is incapable of defining them clearly. From reading this bill, it is obvious that consumers and the various organizations that usually need to submit access to information requests will receive less information. That is troubling. Information needs to be shared.

I can understand that some information needs to remain confidential in certain situations, such as information about our military strategy. During the NAFTA negotiations, there may be some information we have to withhold as good negotiators. Not that I think the Liberals are good negotiators, but that is another story.

In short, this Liberal bill is deeply troubling.

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

Mr. Speaker, it is an honour to stand in the House to speak to Bill C-58 for the first time.

Let us look back at how we got to where we are today. When the Liberals were campaigning in 2015, I believe it was on the tenth day that the member for Papineau, now the Prime Minister, stood before Canadians and said that a government under him would be the most open and transparent in Canadian history. Man, how far we have fallen from those comments. Canadians probably had some hope at that point, but shortly thereafter it was a case of the government saying, “We were just joking, do not take us seriously on things such as the debt perhaps and other areas.”

Early on we heard things in the opposition and Canadians found out through mechanisms such as access to information and others about things such as pay to play. I will refresh the House's memory that early in the government's mandate, in every mandate letter the Prime Minister directed his ministers to conduct themselves to the full extent of the law and to be able to take the most fine-grained public scrutiny. What we have seen to this point is some ministers operating as if they are above the law, and that includes the Prime Minister as well.

Early last year, the Minister of Justice perhaps forgot whether she was representing her riding at a pay-to-play event where a fee was charged for dinner with a a full house of solicitors and lawyers at a Toronto law firm. The House reminded her of the distinction and asked very cautiously whether she was acting as a member of Parliament for her area or the Minister of Justice at the time. I think we saw a bit of retraction there.

We have a Prime Minister who himself is under multiple investigations by the Ethics Commissioner. One thing that keeps coming up—and I am not going to minimize this—is his vacation with the Aga Khan. I do not judge anybody. We work very hard as members of Parliament and people should be able to take their vacations when they can, but our Prime Minister has probably shown disregard for the rules. The rules do not apply to him in terms of public expenditures and he has refused to this point to answer any questions on the huge cost that has been passed on to Canadians as a result. He has deferred the questions and, some might say, blamed the very public servants whom we trust, the public servants who put on their uniforms every day knowing full well that they are going to encounter danger. When we pick up the phone and dial 911, they come running regardless of any illness or stress they are facing, without exception. Instead of answering the question, our Prime Minister has deferred every question on the cost of his trip to the RCMP, perhaps even blaming them for the exorbitant costs associated with it. That is shameful.

This speaks to where we are today with the Liberals who have continually blamed the government and Parliaments of previous years and have asserted that they are “modernizing” the government and this House. They use that term all the time.

Time and again, Liberal ministers and perhaps the Prime Minister himself have stood with their hands on their hearts and used the words “open and transparent” when talking about about consultations on things such as electoral reform and carbon pricing. They were going from coast to coast to coast to talk to Canadians about, let us get this right, a campaign promise of theirs. They were going to reduce the small business tax. Where did that go? I guess we are probably going to be talking about the liberals' unfair tax plan in a mere 45 minutes. That is another broken promise, and it is not open or transparent at all. It is disappointing.

The Liberals campaigned on real change. The second page of their campaign document read:

Together, we can restore a sense of trust in our democracy. Greater openness and transparency are fundamental to accomplishing this.

Those are great words, but we have not seen action by the Liberals. As a matter of fact, the next paragraph stated:

...our objective is nothing less than making transparency a fundamental principle across the Government of Canada.

Where has that gone? It is gone. Everything they are doing absolutely flies in the face of their campaign promises.

Again, they are talking about modernization of the House, doing things better here and better for Canadians. I am going to bring us back to just before we rose in June, the six or eight weeks when the House leader, a mere 18 months into her tenure as a member of Parliament, tabled a document, a discussion paper. She wanted to have a discussion in the House on how we could make the House better and do things better. I have been a member of Parliament for the same time she has, and while we all have ideas on how we can make things efficient and smooth, I would not be as arrogant to think I can put a paper together, put it out in the media, and suggest that we are going to do things better when this House belongs to Canadians. It does not belong to me or the members who are present. It belongs to those in the gallery and those who elect us to be here and represent Canadians.

What the Liberals have done with Bill C-58 under the guise of being open and transparent is to stop what has brought us here. We have a Prime Minister who is under multiple investigations. We have had patronage appointments, as access to information requests have found out. What they want to do is to stop that. They do not want Canadians to know. They want the power to say what is frivolous and without merit. That is unacceptable.

We are smack in the middle of international Right to Know Week, which runs from September 25 to October 1. There are 10 principles of right to know, which I found on the government website. Number one is that “Access to information is a right of everyone.” Number two is “Access is the rule—secrecy is the exception!” We agree. There are certain things that we do not put into the hands of others. As my hon. colleague mentioned earlier, defence issues are one of them, or things that could tip off those with nefarious ideas.

However, simple everyday common information that the public, and indeed the opposition and those who represent the public, require to do their everyday jobs is fundamental. The things they are talking about in Bill C-58 are inherent principles and rights that the public and opposition already have. This does not need to be done.

[Filomena Tassi, Liberal, Hamilton West—Ancaster—Dundas, ON]

Mr. Speaker, a couple of the member's colleagues and he questioned the commissioner's ability to declare requests vexatious or made in bad faith. The suggestion by a couple of his colleagues was that a better way to deal with this would be to go back to charging people who want to make access to information requests.

Does the member agree that the way to deal with vexatious and bad-faith submissions is to charge people for the requests, because that would serve as a deterrent, as his fellow colleagues have suggested?

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

Mr. Speaker, again, this is just a deflection tactic by the government. The reality is that we are here to talk about its open and transparent ways. The Liberals have proven time and again over the last 24-plus months that they have not been open and transparent.

I was reading the bill, and proposed section 6 deals specifically with the government's ability to say no to requests that might be vexatious or seen to be frivolous. The fact is that the government would be able to make that decision when it should instead be made by an independent source regardless of the mechanism. It should be decided by an independent source if we are truly going to be open and transparent.

If the Liberals truly want to live up to being open and transparent, they would change the bill and go through with the good points in it and scrap the ones that are controversial.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, does the member agree with the NDP and our concerns that the Liberals are breaking their promise to make the Prime Minister's Office and ministers' offices open to these access to information requests? This is not open and transparent government. This is closing the doors.