Information & Ethics Committee on May 12th, 2023

Evidence of meeting #71 for Access to Information, Privacy and Ethics in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was privacy.

A video is available from Parliament.

On the agenda

Main Estimates 2023-24: Vote 1 under Office of the Commissioner of Lobbying, Vote 1 under Office of the Conflict of Interest and Ethics Commissioner, Vote 1 under Office of the Senate Ethics Officer, Votes 1 and 5 under Offices of the Information and Privacy Commissioners of Canada

MPs speaking

Also speaking

Philippe Dufresne Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Caroline Maynard Information Commissioner, Office of the Information Commissioner of Canada

Nancy Bélanger Commissioner of Lobbying, Office of the Commissioner of Lobbying

Sandy Tremblay Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Melanie Rushworth Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner

10:25 a.m.

Commissioner of Lobbying, Office of the Commissioner of Lobbying

Nancy Bélanger

The first thing I will say is that I am not a national security expert. I know my registry. That's it.

Having looked a bit, having sat on panels with individuals who deal with the American registry and having looked at the Australian registry, I think there would be an advantage to communicating with those individuals to see what the pros and the cons of their registries are. I have heard that in the U.S., for example, it speaks of “agent”, while in Australia, we're talking about “activities”, even activities that are trying to influence Canadians.

There is good in those registries that exist, and I think it would be good for anyone to study them, but I'm certainly not the expert.

10:30 a.m.

Conservative

The Chair Conservative John Brassard

Thank you, Madame Bélanger and Mr. Kurek.

Mr. Fergus, you're up for five minutes.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Thank you very much, Mr. Chair.

I'd like to thank Ms. Bélanger, Ms. Rushworth and Ms. Tremblay for being here with us today.

Ms. Rushworth or Ms. Tremblay, I'd like to follow up on the questions posed by my colleague about the vacancy in the position of commissioner and the appointment process to fill the position of ethics commissioner. From what I understand, between now and the new commissioner's appointment, if a decision needs to be taken about a monetary or administrative penalty, the work will still continue, you will prepare the file and the decision will be announced as soon as the new commissioner takes office. Is that right?

10:30 a.m.

Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Sandy Tremblay

We will continue working, but we can't do anything until we have a commissioner.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

You're still going to conduct investigations.

10:30 a.m.

Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Sandy Tremblay

We can't conduct any investigations at this time, but we're doing the preparatory work. We do the research and analysis, but we can't initiate anything until we have a commissioner.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

The new commissioner will be able to make a decision at some point and can then take advantage of the work you've done in advance.

10:30 a.m.

Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Sandy Tremblay

Exactly.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

The cases involving the Speaker of the House, the House and Parliament can also be dealt with when the new person is appointed, right?

May 12th, 2023 / 10:30 a.m.

Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Sandy Tremblay

Yes.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

If investigations have been requested, they may or may not be initiated when the commissioner takes up their duties.

10:30 a.m.

Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Sandy Tremblay

Exactly.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

So you'll still be preparing options for the individual who is going to fill that position.

10:30 a.m.

Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Sandy Tremblay

Yes.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

You mentioned that there was a five-year window for some things and a 10-year window for others. Can you explain the difference between them?

10:30 a.m.

Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Sandy Tremblay

As I understand it, the commissioner has five years to initiate their work, their investigation, but they can look at facts or activities that took place up to 10 years in the past.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Do you have any examples of decisions made that reflect this situation?

10:30 a.m.

Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Sandy Tremblay

I don't know of any.

Melanie, do you know of any?

10:30 a.m.

Director, Communications, Outreach and Planning, Office of the Conflict of Interest and Ethics Commissioner

Melanie Rushworth

Of the reports we've produced under the act, I believe there are one or two examples of investigations related to the provisions on post-employment rules.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

How much time do I have left, Mr. Chair?

10:30 a.m.

Conservative

The Chair Conservative John Brassard

You have one minute and eight seconds.

10:30 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

theThank you.

Ms. Tremblay, I have one last question. No one's been appointed yet, but the work continues on. Personally, I've contacted my agent, who has clarified some things for me. I guess I'm not the only one, and the service is available to all parliamentarians.

10:35 a.m.

Director, Corporate Management, Office of the Conflict of Interest and Ethics Commissioner

Sandy Tremblay

Yes, that's right.

10:35 a.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Okay. I'd like to congratulate you.

Thank you very much, Mr. Chair.

10:35 a.m.

Conservative

The Chair Conservative John Brassard

Thank you, Mr. Fergus.

Mr. Villemure, the floor is yours for two and a half minutes.