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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Scott Brison  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

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.

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

June 18, 2019 Passed Motion respecting Senate amendments 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
Dec. 6, 2017 Passed 3rd reading and adoption of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
Dec. 5, 2017 Passed Time allocation for Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
Nov. 27, 2017 Passed Concurrence at report stage of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
Sept. 27, 2017 Passed 2nd reading of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

Access to Information ActGovernment Orders

September 22nd, 2017 / 12:45 p.m.
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Halifax Nova Scotia

Liberal

Andy Fillmore LiberalParliamentary Secretary to the Minister of Democratic Institutions

Mr. Speaker, I will be splitting my time with the member for Vancouver Quadra.

I am proud to rise in the House to speak to Bill C-58, an act to amend the Access to Information Act and the Privacy Act.

Our government was elected on a promise to reinforce public trust in our democracy, and over the course of our time in office, we have put action behind our words. For example, we are reforming campaign finance laws to make one of the world's most respected democracies even more transparent. We have introduced legislation to make Canada's democracy more accessible to all Canadians. The debate today is about another of the fundamental concepts of any modern democracy.

We know Canadians cannot meaningfully participate in democracy when they are in an information vacuum. Access to government data is vital. Without it, neither the public nor the media are able to hold governments to account. That is why our government promised to firm up one of the key pillars of our democracy: access to information.

We told Canadians we would make information open by default, and in formats that would be modern and simple to use. Canadians pay for the information that is assembled in the Government of Canada, so why should they not have access to this data? This greater openness in turn will lead to greater confidence in our democracy, which is why this government has put such a great emphasis on amending the Access to Information Act with Bill C-58.

This is the first major overhaul since our predecessors in this very institution voted in favour of the current act 35 years ago, so it is long overdue.

The act, which was enacted in Parliament in 1982, and took effect the following year, came long before anyone had ever heard of the Internet. Governments in those days had far more administrators and clerks, because there was so much paperwork to file and record. One could not just flip a written message to a colleague by email. If one wanted to send an interesting news article to a counterpart in another department, one could not just forward a link. One's options were limited to things like a fax machine or an inter-office courier.

Today, technology has dramatically changed how governments operate, and we need to align our laws to take into account this new reality. We have a responsibility to make it easier to obtain information and once Canadians get it, that information should be in easy-to-use formats. We can think of the graduate students, like those at Dalhousie University or Saint Mary's University in my riding of Halifax, who are out there doing groundbreaking research but operating on tight timelines. We want them to be able to, when possible, obtain an electronic version of government records so they can more easily navigate and analyze the documents. Think of the time that will be saved if they do not have to go through hundreds of pages to find what they are looking for.

Now Bill C-58 has many components, but for now I would like to focus on how it impacts parliamentary institutions. I am talking about the Library of Parliament, the parliamentary budget officer, the Parliamentary Protective Service, the Office of the Conflict of Interest and Ethics Commissioner, the Office of the Senate Ethics Officer, and the administration of the Senate and of the House of Commons. These institutions are foundational components of our democracy, and Bill C-58 proposes to bring them under the Access to Information Act to make them more accountable. The proposed legislation will require these institutions to publish each quarter their travel and hospitality expenses as well as disclose over the same timeline any contracts with a value above $10,000.

Another important component of Bill C-58 is the new powers it would give to our Information Commissioner. This is of particular interest to me, both in my role as a Parliamentary Secretary to the Minister of Democratic Institutions as well as the member of Parliament for Halifax.

Not too long ago, I met with representatives from a group based in Halifax called the Centre for Law and Democracy, whose mission is to:

...promote, protect and develop those human rights which serve as the foundation for or underpin democracy, including the rights to freedom of expression, to vote and participate in governance, to access information and to freedom of assembly and association.

Some members may be familiar with the centre's work on the right to information rating, or RTI, which is developed along with Access Info Europe to calculate and rate the overall strength of countries' right to information laws.

The topic of the Information Commissioner was one I discussed with representatives of this group in my office during a meeting in the spring. They believe, as I do, and so too does our government believe, that the Information Commissioner ought to have the ability to order the release of records, or so-called “order making”. I am proud to say that Bill C-58 would give the Information Commissioner that power. I would like to congratulate and thank the Centre for Law and Democracy on its strong advocacy on this point, and for its ongoing work in Canada and across the world to strengthen democratic institutions.

It is important to note that the legislation would also give government institutions the ability to decline requests that are excessively broad or requests of information already in the public domain.

The government has limited resources, and this will free up government institutions to respond to other requesters. Of course the applicant subjected to a decision like this would be able to make a complaint to the Information Commissioner.

Bill C-58 would also oblige members of Parliament and senators to publish all travel and hospitality expenses, and all service contract amounts. In both cases, this information would have to be made public on a quarterly basis.

We know senators and members of Parliament already publish travel and hospitality expenses pursuant to their own internal rules, and senators disclose service contract information, while MPs publish the total costs of awarded service contracts.

Importantly, Bill C-58 would enshrine the current practice of also requiring additional details on the service contracts and travel costs of MPs.

This legislation will require a review of the act every five years, starting in 2019. This will give Canadians an opportunity to look for further improvements.

We believe Canada deserves a vibrant democracy that is transparent, open, and accountable, but our efforts do not begin and end with changes to the Access to Information Act.

We have been relentless since taking office to look for other ways to improve our democratic system. For instance, Bill C-33 would amend the Canada Elections Act to increase voter participation and improve the integrity of our electoral system. Bill C-50, meanwhile, if passed, will make important changes to the same act to make political fundraising more open and transparent. We are also taking action against cyber threats and the danger they pose to our electoral system.

We live in one of the most respected democracies in the world, but our government will remain relentless in ensuring that any weaknesses are dealt with. Bill C-58 is a major part of this effort, and I am proud to work with the Minister of Democratic Institutions to advance it. With that, I welcome any questions from my colleagues.

Access to Information ActGovernment Orders

September 22nd, 2017 / 12:40 p.m.
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NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, I thank my colleague from Victoria for his very enlightened speech, which helped us understand why Bill C-58 does not really address ethics issues.

This only adds to the cynicism that already exists around politics, when the government says it want to modernize legislation to give Canadians access to information, when in fact, transparency is not enhanced at all, since ministers' offices, including the PMO, are not obliged to report to the commissioner.

Right now, it can take up to 200 days to get crucial information. For instance, according to the Globe and Mail, in April 2016, the RCMP took over a year to forward some statistics it had requested for an investigative report called Unfounded.

When the police declare one in five sexual assault complaints unfounded, this creates further hardships for the people already going through a very difficult situation following a sexual assault. One in five complaints is dismissed as unfounded, and it took a year to provide that information. I find that completely unacceptable, and this bill does absolutely nothing to address this problem.

What are my colleague's thoughts on that?

Access to Information ActGovernment Orders

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

The House resumed consideration of the motion that Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Access to InformationOral Questions

September 22nd, 2017 / 11:40 a.m.
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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

Mr. Speaker, I thank my colleague from Ottawa West—Nepean for her question.

As we head into Canada's Right to Know Week, today, we are debating Bill C-58, the first major reform of the Access to Information Act in 30 years. Recently, our leadership was internationally recognized when I accepted the role of co-chair of the Open Government Partnership on behalf of Canada.

Access to Information ActGovernment Orders

September 22nd, 2017 / 10:30 a.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, listening to the President of the Treasury Board speak, I think we should be breaking out the champagne for this once-in-a-lifetime change to the access to information law that will achieve everything. I heard him say that it is early in the day. I am sure he will make some time in the lobby behind us for other government members. However, I have bad news for them. The supposed openness and transparency law that the Liberals have introduced, where they faked themselves into thinking they have accomplished something, falls far short of what they promised during the election campaign. Also, according to the experts, it falls far short of what should have been achieved over this 30-year gap between when the ATIP law was introduced and the amendments they are proposing to make.

What is interesting is that we rise in the House in question period to ask questions that we never get answers to. The Liberals could have provided fulsome answers then. We have Order Paper questions asking for simple definitions that should be textbook, yet they fail to provide the answers for these Order Paper questions. These are privileges that each member of this House enjoys, and the government should be providing complete answers to those Order Paper questions. Therefore, it is no wonder that this access to information amendment it is proposing will fall far short of what should be achieved.

Many times I have heard the member for Carleton ask what the definition of “middle class” is and what the impact of the carbon tax would be. He has tried to get that information through the access to information laws. However, we never get that information from the government. What the Liberals are proposing today will never fix that. What is needed is a cultural change. I call this system that they are proposing the Potemkin ATIP system. It has all the window dressings, the image that is needed, but none of the changes they have promised to make will be in the guts of it.

I do have a Yiddish proverb, because I think it speaks volumes to what the government is proposing to do. It is, “The luck of an ignoramus is this: He doesn't know what he doesn't know.” I am not speaking with respect to the President of the Treasury Board, I am speaking of the government in general.

I will quote from the access to information law experts from the Centre for Law and Democracy, which noted a couple of disturbing elements in this bill.

It stated, “a large majority of the proactive publication obligations are already being implemented in practice by these bodies. While it is some progress to formalise these commitments, this is hardly groundbreaking”. I agree.

It goes on to state, and this is an important point, that the bill “fails to address the serious problem of delays in responding to requests. It does nothing to address the broad regime of exceptions....” That was my first question to the President of the Treasury Board.

It goes on to note that the bill “would also remove the obligation on public authorities to publish about the classes of records it holds, which is designed to facilitate the making of requests for access to information” in the first place. Therefore, that will be removed.

When I came here as a rookie member of this House, one of the very first things I did was to learn and understand how each department worked and the areas in which it specialized. I wanted to understand how to better keep the minister accountable. To do so, I looked for the type of information and the type of records the department was keeping. That was so I could better understand what types of records I could request through an access to information request if I did not get an answer to an Order Paper question or an answer in question period.

The Centre for Law and Democracy notes that section will be removed, which takes me back to my Yiddish proverb. If we do not know that a document exists, then how could we ever ask for it? It is interesting that the government is removing that one section. It is not just me saying that, but so is the Centre for Law and Democracy, which is the expert on this. It does analyses of all access to information laws in every jurisdiction in Canada, and it rates them. It is those experts who are saying that it falls short.

Who else is saying that it falls short? Robert Marleau, the former information commissioner from 2007 to 2008, stated, “there's no one [in government departments] to review what they choose not to [publish]”. This is contrary to the principles of the act. They put the commissioner out of the loop. If we requested briefing notes and parts of them had been blacked out, you had someone to appeal to. This is no longer the case. You cannot even ask the court. It is a step forward, two steps back.

Let us see what the Liberals say they have done. We have heard about mandate letters now being released to the public. It does not help if one does not follow the mandate letter and fulfill what is in it. It is just a letter, a piece of paper. It does not help us to understand anything. Also, I have news. The Alberta government has been releasing mandate letters for well over a decade. Therefore, it is not as if this is groundbreaking and setting some type of new frontier regarding access to information. Alberta has been doing it for years. I remember when the member for Calgary Confederation and the member for Calgary Signal Hill were in the provincial government, and they had mandate letters that were published. The difference is that they followed through with the contents of their mandate letters and were held accountable by the premier of Alberta for the contents. Here, they are not held accountable.

The other thing they say they will be doing is documentation on the training of new ministers, titles and reference numbers of briefing notes, development notes for question period, backgrounders for appearances before parliamentary committees, travel and hospitality expenditures, and contracts of more than $10,000. Other governments have been doing some of these things for a long time now, through freedom of information laws that are provincially based. These are not new frontiers. These are very basic documents.

Some of them are here. However, if they remove from the law the very basis of what type of records the department has to keep, how am I supposed to know that a record exists in the first place? It is like chasing a needle in a haystack a lot of times.

I have experienced this first-hand when doing access to information requests to the health department where I have been stalled out for lengthy periods of time. Sometimes I stumble upon new documents that I did not know even existed before. Then I do another access to information, and my staff and I continue in this manner. Many of the changes being proposed here will not end any of that.

It is hardly historic in terms of changes. There is an RTI rating, which is the methodology that assesses each access to information law to determine its score. The score is based on 150. On the RTI rating, according to the Centre for Law and Democracy, Canada will go from 90 to 92 points. That is a two-point increase. One would think after two years that the government could have cobbled together an amendment to the access to information law that would live up to the promises it made during the last election, because it has broken them here. It could do much better than a two-point increase in its score on access to information laws.

It is not as if Canada will be rising greatly. It is not as if the government did not know how to increase its score. It is not as if it did not have a comparator that it could look at, such as Serbia, which supposedly has a much better rate than we do.

Many experts in the field have said that there are issues, and I note in the law there are interesting oddities and amendments. One of them, and we have heard this before, is with regard to frivolous or vexatious claims for access to information requests. A department would be able to say that they cannot do that.

According to Policy Options, a well-respected think tank, the power to prevent such abuse is included in many ATI laws. However, that power should rest with the Information Commissioner, not the department that is subject to the request. If the department can determine what is frivolous and vexatious, then it can block any type of request it feels is frivolous and vexatious. It could up to the individual civil servant who receives the request.

Bill C-58 also includes a five-year review. The first five-year review would take place only a year after the legislation comes into force. Given the glacial pace of how legislation makes its way through the House and then to the Senate and then bounces back from the Senate, because the government does not really know what it is doing there, I do not think we would have a review of it before 2019, before the next election.

My other concern is that it does not have a sunset clause. Even the Bank Act has a sunset clause. It is set every five years. It forces the parliamentary committee to review the legislation through a mandatory review. It knows that it will sunset unless it provides feedback on its contents. I like the idea of mandatory reviews and sunset clauses in legislation, because it forces us, as parliamentarians, to review legislation on a consistent basis. When I worked as a staff member in the provincial legislature in Alberta, it was one of the things I kept pushing for in regulation and statutes with the minister I had the privilege of working for. I pushed that every single piece of legislation, regulation, should have that included, to mandatorily force members to review the legislation to make sure it still made sense, that the amendments that had been proposed in the last five years, and the improvements, were actually worth carrying on and being included in the final legislation.

I have a page from the Liberal policy platform from the last election. The Liberals promised many things on access to information, some of which they achieve here, and some which they absolutely do not. They said they would expand the powers and role of the Information Commissioner. They have done some of that. They also said that government data and information should be open by default, and that formats should be modern and easy to use. I have no problems with that. That is a great idea.

It is interesting to note that the previous President of the Treasury Board and the previous government started an open data, open government website, where people could download data on Excel spreadsheets. I know this, because we used them in the office that I worked in before. We downloaded bits of data, and used it to supplement Statistics Canada data that we were purchasing as well.

In this policy platform, the government talks about ensuring that the system continues to serve Canadians while it undertakes a full legislative review of the Access to Information Act every five years. I have been to many parliamentary committees where we get a cursory review.

In fact, on the small business tax change, the biggest tax change in a generation, the Liberals on the committee forced it through after we heard only six hours of testimony from witnesses. That was all the time allowed. The Carter commission took six years. If that is the standard the Liberals are going to go by, then I have worries about the mandatory five-year review. I have to wonder if in three or four years will we get six hours to review the legislation. Will the committee be stuffed with members from the Liberal side who will simply say that the committee will be given three hours every five years to figure it out and then they will be done with it? The Liberals have not lived up to the real change, the open and transparent government that they promised.

I will keep referring to the Centre for Law and Democracy, because it has produced a lot of information on the shortcomings and some of the improvements that it sees. There are a lot of shortcomings.

The centre also says that the bill fails to address the serious procedural problems, namely the highly discretionary power of public authorities to extend the initial 30-day limit for responses to requests. I have been the victim of this. I was told that I had asked for too many documents, or they were too difficult to get or too complicated. They tried to get me to pare down my request. That is when I knew I should keep pushing forward and get all of the documentation I was requesting.

With respect to the 30-day time limit for responding to requests, power has been applied with disturbing regularity they say, often to create very lengthy delays in responding to requests. On one access to information request, I was told it would take two years to respond. I reminded them that by then I may no longer be a member of the House and therefore the information they provide may be of limited use to me, which would be a shame.

There are a number of options for reducing official discretion in this area, for example, by requiring officials to obtain prior permission from the Information Commissioner for delays beyond the set period of 60 days. In fact, many access to information laws say that the government must respond within the 60-day time limit. That would be a vast improvement. No courts would be involved, and there would be no need to go to another body to get a document that has been lawfully requested. The documents would simply be released within 60 days.

There are hundreds of thousands of public servants who work for the federal government. Why can they not do a request within 60 days when a reasonable request for documents is made? Why should I, as a member of Parliament, need to go to a court to obtain them? I am not going to get questions answered in the House in question period or through an Order Paper question. My only recourse is to get documentation through access to information.

The commissioner would acquire new order-making powers, but they would be largely crippled and counter-productive. Ken Rubin, the CFE senior fellow who provided a critique on Ryerson University's website on Bill C-58, said it is counter-productive and largely crippled “because no amendments were put forward to change the numerous broad exemptions in the Access to Information Act that cut off access to [these] government records”.

If there are a bunch of exemptions and rules that can be used to not release documents for national security reasons, documents pertaining to cabinet confidences, which is perfectly legitimate, are things like third-party proprietary corporate information at all times really proprietary? It might be better to shed some light on the procurement process so that parliamentarians could better understand what is going on.

We have seen delay after delay, and huge costs associated with the government's failed procurement process. Maybe it is time to shine some light on the problem. The government did not do that in this legislation. It just did the trimmings on the edge, the Potemkin village that I talked about.

The exemptions still exist, and the exemptions are the core of the access to information law. The government has left them as they are so then it could always find an excuse not to release information, to black out information, and to not provide it under the exemptions.

I think the majority of Canadians interested in access to information were looking for the exemptions to be tweaked. The Liberals could have amended, diluted, or removed some of them to make it much easier to access this information.

Another point that Ken Rubin makes is that the Prime Minister has put forward other legislation that makes certain records off limits to the commissioner and the courts for review or their ability to order releases of information. One is the National Security and Intelligence Committee for Parliamentarians, again, on national security grounds. However, that can become overbroad and used as an excuse. We see this in some countries overseas, which use national security to limit access to all types of information, for all types of reasons. It is a blanket catch-all. I hope it does not become that way. However, for national security, I can see legitimate reasons for the government to deny access to information, such as because it would put Canadians at risk or it would put the national security of the country at risk.

The omnibus budget bill, Bill C-44, contains a section devoted to setting up the Canada infrastructure bank. This was a big point of contention in the last session. Section 28 gives the government the power to decide unilaterally what is privileged information, commercial, infrastructure, financial, and political transactions, with no independent review. It is an already controversial enough bill. With these provisions, we can see the government saying that this is a wonderful, new, once-in-a-generation, open and transparent access to information law. However, section 28 limits access to information on the Canada infrastructure bank.

The Liberals are putting exceptions in other bills, but not in the main bill, which should be of great concern to parliamentarians. If the exemptions are not put into the main ATI Act but are put into other legislation, then the government cannot claim to be open and transparent. I do not think anyone would claim that.

Another point Mr. Rubin makes is:

...one amendment in Bill C-58 also directly increases secrecy by expanding and broadening the legal definition of what is able to be exempt under solicitor-client relations.

The Liberals have put some wording around it so the Information Commissioner could have access to it, but they still broadened and expanded it, and Mr. Rubin details that.

Mr. Rubin also makes this point, overall, on Bill C-58, which supposedly would meet the government's promises made in the last election. He says:

It is a stopgap, government-controlled, limited administrative information system not subject to appeal to the information commissioner or the courts, containing a few sanitized offerings the government wants to provide.

I am a big believer in access to information laws. When I worked in the Alberta provincial government, the government there released information. Yes, it took a long time to meet every single requirement. Yes, there were administrative problems. Yes, not everybody was satisfied with the level of customer service they received from the FOIP office there. However, a lot of times it released information eventually and it embarrassed the government to no end. I was in a minister's office at the time, and sometimes it embarrassed our office. However, at least we knew people were getting the same information that we had. The briefing binders were perfectly available to people, and they could ask for the content of them. The only portions blacked out were portions that civil servants determined should not be released. We played absolutely no role in that.

I am sure members on the opposite side, and hopefully all members, will agree that access to information laws are part of our democratic process. People should have a right to get information. I totally agree with that. We cannot fight for the little guy, we cannot fight for the middle class, and then tell them they cannot know things that the government is doing or how it has came to a decision.

However, I will not be able to support the bill, because it does not meet with what the government said it would do during the last election. The Liberals fall far short of the majestic, historic promises they made. This is why I believe members on this side of the House should all oppose the bill. I look forward to continued debate on this.

Access to Information ActGovernment Orders

September 22nd, 2017 / 10:05 a.m.
See context

Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

moved that Bill C-58, an act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other acts, be read the second time and referred to a committee.

Mr. Speaker, I am proud today to discuss 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 legislation, which I introduced on June 19, is built on a foundation of work by many people through consultations: parliamentarians, the Information Commissioner, the Privacy Commissioner, important stakeholders, and, of course, Canadian citizens. All have strong views, sometimes conflicting, as to what we ought to do to modernize this 34-year-old act.

I would like to thank each of them for their careful consideration of the issues involved in updating our access to information regime.

The Liberal Party has spent over a decade defending and strengthening the principles of openness and transparency, both in government and in opposition. In fact, I remember when I served in the Right Hon. Paul Martin's cabinet. That was the first time a prime minister required the proactive disclosure of ministers' expenses. In fact, Mr. Speaker, you were a colleague in that same cabinet.

Later, in opposition, under the leadership of the current Prime Minister, our Liberal caucus was the first to proactively disclose parliamentarians' expenses. Now we are bringing this ongoing effort toward openness and transparency to government.

On day one, our Prime Minister made the ministers' mandate letters public, for the first time ever. This week, when I was in New York at the UN General Assembly, the CEO of the global organization Open Government Partnership told me that making public ministerial mandate letters is a real game changer that is going to raise the bar globally in terms of other countries.

Ministers are no longer just accountable to the Prime Minister for their mandates. Today, having our mandate letters public means that we are more accountable to Parliament, and of course, are more accountable to Canadian citizens.

That was just the beginning. Within our first two days of government we unmuzzled government scientists and restored the mandatory long-form census. All these measures are consistent with our drive toward openness and transparency and providing higher-quality information to Canadians.

Our actions are being recognized by global organizations. In March we were elected to the steering committee of the Open Government Partnership for the first time. This week we agreed to take on the role of co-chair of the OGP. This is the world's largest multilateral organization dedicated to open, transparent, and accountable government.

As we developed this first set of legislative reforms of the Access to Information Act, we have continued to be guided by the principle that government information belongs to the people it serves. If anything, it is truer today than ever before.

The Access to Information Act, in 1983, first enshrined in law the following principles: that citizens have a right to government information, that transparency makes government more accountable and responsive to the needs of citizens, and that access to information allows citizens to participate meaningfully in the democratic process and hold their government to account.

The amendments we are proposing to the act will strengthen its original purpose in a way that reflects today's technologies, policies, and legislation. Now more than ever, open government is good government. We want to work with parliamentarians, independent officers of Parliament, and stakeholders to ensure that this first major Access to Information Act reform in three decades reflects that intention.

A lot has changed since the ATI Act first came into force. Thirty-four years ago, government information was paper-based and stored in file cabinets.

Since then, information technology and our communications infrastructure have been revolutionized and personalized.

Over the same period, the volume of information collected and held by government has grown, and the Internet has made it easier for the government to make large amounts of information widely available.

The Access to Information Act played an important part in bringing about a change in public expectations. It was in fact ground-breaking.

Since the act became law, in fact, more than 750,000 information requests have been processed. That is 85 requests every working day for more than three decades. Since 1983, the number of requests has grown by an average of 13% annually. In fact, 2015-16 saw more than 75,000 requests. I would like us to consider that number: 75,000 information requests in one year. That represents almost 10% of the overall number of information requests processed since 1983, so demand for information is actually growing.

Clearly, there is a rising demand for government information and government transparency. That demand has strained government, and it has frustrated Canadians who are accessing information.

We have heard the complaints about government delays in responding to requests or about denied requests. We believe that the changes we are making will help address some of these issues. However, in 2015-16, for example, 64% of all completed information requests were answered within the initial statutory time limit of 30 days. That number jumps to 86% if we consider the requests closed within an extension period provided for within the act. More than nine million pages were processed in 2015-16, and more than 80% of the records were disclosed either in full or in part.

In some cases, exemptions were invoked for valid reasons, including the privacy of personal information, national security, and the ability of the public service to give full and frank advice to government.

Nonetheless, to say that reforming the 1983 act has been a long time coming would certainly be an understatement.

That is why we are modernizing the act today. This is not just a one-off exercise that might have to wait another 34 years for an update. We are making it law that there will be regular reviews of the act. We began these efforts just over a year ago. In May 2016, we issued an interim directive that enshrined the principle of open by default. This refers to a culture shift across government in which data and information are increasingly released as a matter of course unless there are specific reasons not to do so.

This culture of openness helps Canadians engage with their government on policies, programs, and services.

We believe that good public policy comes out of conversations and consultations with Canadians and that it needs to be two-way communication. Even in the last few months since introducing this legislation, we have continued to engage the commissioners of information and privacy, along with many other experts on this subject. We paid close attention to the concerns raised, and I look forward to pursuing that conversation with this Parliament and with parliamentarians here today and in the coming weeks.

“Open by default” involves providing more information to the general public, engaging citizens in identifying issues and problems, and helping to develop solutions around them.

The interim directive we issued in May 2016 also eliminated all fees for access to information requests, apart from the standard $5 fee, and directed the release of information in more user-friendly and shareable digital formats whenever possible. Now is the time to take more steps on this path of open government.

The legislative package we have introduced proposes amendments that would further improve Canadians’ access to government information.

To begin with, the amendments would create a new part of the act relating to proactive disclosure.

Proactive publication puts into practice the principle of “open by default”.

With modern technologies making it easier to share information in real time, we are looking at new ways to meet Canadians' expectations by sharing government information more quickly and automatically while relieving some of the pressure from our demand-based system.

This approach would build on current best practices, and apply consistent requirements for the publication of information across the government.

It would apply to more than 240 government departments, agencies, and crown corporations. It would include the Prime Minister's Office and ministers' offices, senators and members of Parliament, institutions that support Parliament, administrative institutions that support the courts, and more than 1,100 judges of the superior courts.

We would be putting in law the proactive publication of the travel and hospitality expenses of ministers and their staff as well as of senior officials across government; contracts over $10,000 and all contracts issued by members of Parliament and senators; grants and contributions over $25,000; mandate letters and revised mandate letters; briefing packages for new ministers and deputy ministers; lists of briefing notes for ministers and deputy ministers, including the titles of the notes and their tracking numbers; and the parliamentary binder used for question period and committee appearances. We developed this list by examining some of the most sought after documents in access to information requests.

We expect, in fact, that this approach would guide us over time in terms of expanding proactive disclosure. In other words, if there are certain categories of information that are frequently being requested through the demand-based system, that would be a signal to our government and to future governments that we ought to consider proactively disclosing those categories as we move forward.

This will lead to better public understanding of government decision-making, fostering more participation and public trust in government. We also understand that proactive publication does not absolve us of our responsibility to strengthen the request-based system.

That is why we are also developing a new plain-language guide that will help provide requesters with clear explanations for any exemptions and exclusions. We will be investing in tools to make processing information requests more efficient. We will be allowing federal institutions that have the same minister to share request-processing services to achieve greater efficiency.

Because one of the most common complaints we have heard has been directed at the consistency of how the act is applied across government institutions, we will invest in better government training to get a common and consistent interpretation and application of ATI rules across the government.

We are also following the guidance of the House of Commons Standing Committee on Access to Information, Privacy and Ethics.

We are moving to help government institutions weed out what are genuinely bad-faith requests that put significant strain on the system, slowing responses for everyone else. Repetitive, vexatious requests can gum up access to information processes while providing little new information, and as such, can do a disservice to all Canadians.

Federal institutions spent more than $64 million in 2015-16 to cover the direct cost of administering the act, and this government wants those resources spent efficiently and effectively. Our intent is to ensure that no government, ours or any future government, can abuse this provision. Let me be clear. A large or broad request, or one that causes the government discomfort, does not of itself represent bad faith on the part of a requester.

We need to get this right. We recognize that while this tool is needed to significantly improve the system, everything from sound policy to proper oversight must be done to prevent its abuse. I have faith that this House and this Parliament and the work that will be done at the committee can help us achieve that objective.

We are not stopping there. The proposed amendments would also give the Information Commissioner new powers.

These include the ability to order the release of government records. This was a power long sought by successive Information Commissioners. We are also giving her office more financial resources to do its job.

This is a significant step forward.

We will change the commissioner's role from that of an ombudsperson to that of an authority, with the legislative power to order government institutions to release records. These are significant reforms to our ATI system, but there will always be more we can do to strengthen the trust between citizens and their government.

That is why the reforms being proposed are only the first phase of our modernization of access to information.

In fact, the amendments legislate a review of the act every five years so that the law never becomes as outdated as it is today. The first review would begin within one year of this bill's receiving royal assent. In addition, through policy, we will require that departments regularly review the information being requested under the act. This is important because the trend analysis that we conduct on an ongoing basis will help us understand and increase the kinds of information that should be made more easily available, including through proactive disclosure. This analysis would also inform the five-year reviews and future changes to strengthen the act.

After 34 years, we are the first government to significantly revitalize Canada's access to information law and system. It is the most comprehensive access to information reform in a generation. As I said, these reforms are only the first phase. It is a work in progress to strengthen access to information and openness and transparency in Canada, not just for our government but for future governments. With the support of the House, we can continue to work together to modernize our access to information law and system and to make governments today and in the future more open, transparent, and accountable to Canadians.

September 21st, 2017 / 3:10 p.m.
See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, this afternoon, we will continue this morning's debate on Bill C-47 regarding the Arms Trade Treaty. Tomorrow we will begin debate at second reading of Bill C-58, an act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other acts.

We will continue with consideration of Bill C-58 on Monday and Tuesday next week.

On Wednesday, we will commence second reading debate of Bill C-55, the bill to enhance the protection of Canada's marine and coastal areas.

Next Thursday, we will resume debate of the bill before us today, Bill C-47.

In response to the opposition House leader's question, my hon. colleague knows very well there are seven opposition days in the fall, and we will have more information for her in regard to scheduling. We figured, with all of us coming back to the House, it would be kind of us to let the opposition settle in, and get the government's business ahead, but I look forward to continuing to work together.

Export and Import Permits ActGovernment Orders

September 21st, 2017 / 1 p.m.
See context

Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, I had a private member's motion in the last Parliament. It specifically addressed the ATT and our not signing on to the particular agreement, and not being a part of it in the form that it was currently in. It was Motion No. 589 which stated:

That, in the opinion of the House: (a) Canada already exceeds all the standards listed in United Nations resolution 55/255 concerning firearms (the resolution); (b) the regulations envisioned in the resolution would do nothing to enhance public safety, and would serve only to burden the law-abiding firearms community; and therefore, the government has already surpassed its obligations with respect to the resolution and is not required to take any further steps.

I mention that today because the same problems that existed when I presented my private member's motion in the last Parliament still exist to this very day. What needs to be understood by a couple of our friends who maybe are not part of the firearms community out in Canada today, and they are watching, is that Canada already has an extremely good system in terms of monitoring the sales and permitting sales of military equipment around the world.

The trade controls bureau regulates the Export and Import Permits Act, which, since 1947, has allowed the minister to prevent the supply of military equipment to countries for a variety of reasons, including security threats, internal and external conflicts, or sanctions by the United Nations. That is already in place, and Canada already abides by that and uses it effectively.

I will bring the question back to the firearms community. Why not exclude the firearms community from this particular Arms Trade Treaty? We would maybe have broad agreement throughout the firearms community that it would not be such a bad thing, but since it is not exempted, it would become a big problem for firearms owners.

I will bring this all back to pre-election 2015. The Liberal Party promised it would not reinstitute a firearms registry in Canada. It was a very hot topic for the Liberals. There were many rural Canadians who were upset by a firearms registry, and it was a big problem for the government because the prior Liberal government was the one that brought it in.

It was not a very popular piece of legislation. Pre-election, the Liberals said they were not going to do this again. The minister, by all his actions, is showing the exact opposite. He is just trying to do it through the back door, and we have mentioned it many times. My colleague from Red Deer—Lacombe and I mentioned this before when this was brought forward in the House. With Bill C-47, there is a real desire to bring in a back door registry without saying so.

I will read out some of the parts of what this bill would actually require. This is Bill C-47 for all those in Canada watching. They can see the actual act. I am going to read what it would require of business owners who sell long guns and firearms. It would require them to keep records.

It states:

Every person or organization that applies for a permit, import allocation, export allocation, certificate or other authorization under this Act shall keep all records that are necessary to determine whether they have complied with this Act.

If company X is a company that sells firearms, it might export and sell them to somebody from the U.S. who buys them. This would then apply to that company's database. I might go in and buy a firearm from this particular company, and this is a question that some have asked. What limitations are there to access the records of that particular company? Are all records accessible? For every firearm that was bought and sold, is the record accessible? Because the bill does not exclude firearms owners or long gun owners, it really says that all databases would be made available to the minister.

I will talk about some more things in the actual act, and why we have problems with it. Under electronic records, the bill states:

Every person or organization that is required to keep a record and that does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record.

Those are computers, so they need to be accessible. Under inadequate records, the bill states:

If a person or organization fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require them to keep any records that the Minister may specify, and they shall keep the records specified by the Minister.

Those are not some records; those are any records.

The period for retention is another issue with firearms communities. Is it just for a week? Is it just for a certain period of time? It is actually much longer than a week. The bill states:

Every person or organization that is required to keep records shall retain them until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed by regulation.

It could be up to seven years. Firearms companies such as a little local firearms store in my community's backcountry, like Corlanes in Dawson Creek, because they are exporters and importers, would be required by the minister of public safety and this Parliament to have accessible records of those sales. It sure sounds like a firearms registry to me.

Let us get to the bottom of it, where this is all coming from is demand by the minister. The bill states:

If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or sent by mail, require any person or organization that is required to keep records to retain those records for any period that is specified in the demand, and the person or organization shall comply with the demand.

There it is. There is the back door registry. The minister has already talked about, in another piece of legislation that is coming before us very soon, handing over the previous firearms registry data to a province in this country. It seems that on one hand he reassured his electorate, especially those in Saskatchewan who sent him back to Ottawa, that there would never be a firearms registry brought forward again by a Liberal government, but here we have two examples—today, in Bill C-47 and next in Bill C-58—of doing the exact opposite. That is why our firearms community is so concerned.

We saw it was ineffective the last time it was brought in. It was very expensive and it was putting the focus on the wrong individuals. I am a firearms owner myself. I do it lawfully. I have been trained in how to safely fire and handle restricted firearms, non-restricted firearms, etc. For people who obey the law and do it properly, this is unneeded attention on a community of people who safely and lawfully buy and sell firearms and do it as part of our history.

I have a pin on my lapel. I am co-chair of the parliamentary outdoor caucus. I do that with my colleague across the way. We support hunters, anglers, outfitters, trappers, etc. We support the historic events that really started this country. It started with the fur trade. A lot of my constituents still hunt, trap, and fish. I like to do that when I have time to get out there. These kinds of laws have a negative effect on those communities, because we put the focus on them as if they are criminals already, when they have done nothing wrong. All they have done is chosen to buy a firearm to go hunt and provide food for their family.

The crux of my argument today is that the Liberal government said it was not going to bring in a firearms registry. The Liberals said it over and over again, because it was a big deal to a lot of their constituents. A lot of rural folks elected Liberal members of Parliament with the reassurance that it would not happen, and here we have a minister and a government that is trying to do that. From one back door or another, it is determined to get a firearms registry re-established in the country.

We need to come into this with our eyes wide open. Voters who are watching this today need to understand this is a big deal. This is why we did not accede to the Arms Trade Treaty when we were in government. It was because it did not have exclusions for firearm owners written within our particular act. My private member's bill spoke to that. It was one more reason why we did not accede to it.

I challenge the government to have a sober second thought and look at this again. We implore the government not to accede to the ATT. We already have enough regulations and laws that get to the same end the ATT is trying to get to in terms of selling military equipment across the world. The Liberals should especially think about the firearm owners to whom they promised they would not start a registry. Hopefully, the government will not support this legislation today.

Access to Information Act and Privacy ActRoutine Proceedings

September 20th, 2017 / 3:15 p.m.
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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I would like to table, in both official languages, a charter statement on Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.

Access to Information ActRoutine Proceedings

June 19th, 2017 / 3:35 p.m.
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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

moved for leave to introduce Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.

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