Finance Committee on Feb. 13th, 2008

[Paul Crête, Bloc, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

So there is a specific statutory provision for appointing an acting director of public prosecutions, but not for the appointment of an acting Parliamentary Budget Officer?

[Joe Wild]

That's right.

[Paul Crête, Bloc, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

But would the fact that there is no specific provision authorizing it prevent the government from making that appointment on an interim basis? The intent of Parliament was not necessarily to prohibit the practice, because had it wished to prohibit the practice, that would have been expressly stated in the act. So could the government have chosen to appoint an acting Parliamentary Budget Officer?

[Joe Wild]

Mr. O'Sullivan can speak to that.

[Marc O'Sullivan]

Appointments made by the governor in council must be based on legislation. The position in question must have been established by enabling legislation, and this gives the governor in council authority. That is an authority Parliament delegates to the governor in council. Thus, in the absence of a specific legislative provision, such appointments cannot be made.

[Paul Crête, Bloc, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

At the Business Development Bank of Canada, acting appointments were made repeatedly for almost two years. I have seen the appointment notices. Appointments were extended by six-month periods, until permanent appointments could be made.

Could the same thing have been done for the Parliamentary Budget Officer?

[Marc O'Sullivan]

Those options are provided for in the enabling legislation. With an organization like the Business Development Bank of Canada, the legislation provides for the possibility of extending terms and appointing people on an acting basis, for example.

This requires a legislative provision that we did not have in this case.

[Paul Crête, Bloc, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Thank you.

[Jean-Yves Laforest, Bloc, Saint-Maurice—Champlain, QC]

Thank you, Mr. Chairman.

Mr. Crête put a question to the other group of witnesses. He was told that the purpose of the Parliamentary Budget Officer position was to deal with the issue of the significant gap observed each year between budgetary forecasts and real figures. That is what I understood. I don't know whether you were there.

Over the past 10 years, we have been told that the gap between initial budget projections and the final real figures amounts to over $10 billion.

[Joe Wild]

I can't speak to the motivation of the government in creating the position. What I can speak to is that Parliament, in passing the Federal Accountability Act, established a clear mandate for the parliamentary budget officer. That mandate certainly includes the possibility

of providing the Senate and House of Commons independently with analyses of Canada's financial situation, government budget projections, and national economic trends.

[The Chair, Conservative, Rob Merrifield]

Thank you very much. We will now move to Mr. Del Mastro.

[Dean Del Mastro, Conservative, Peterborough, ON]

Thank you, Mr. Chair.

Mr. Wild, you are the executive director of strategic policy at the Treasury Board Secretariat, correct?

[Joe Wild]

Yes, I am.

[Dean Del Mastro, Conservative, Peterborough, ON]

Wonderful. It's very timely that you're here today because I'm looking at your handout, specifically point one where it says, “Reforming the financing of political parties”. You indicate that this element has been fully implemented.

[Joe Wild]

Correct.

[Dean Del Mastro, Conservative, Peterborough, ON]

I was part of a committee that worked on former Bill C-2, the Federal Accountability Act. I subbed on that committee on several occasions, and contrary to my understanding, if what you say is true, if it's fully implemented, can you please tell me how there is a political party that is having a “sky is the limit” fundraiser this evening, with auctions, where you can bid as much as you want and you can take corporate or business cheques and you can pay as much as you want to golf with the Right Honourable Paul Martin? You can pay as much money as you want for lunch with Scott Brison. You can pay as much money as you want to go to a hockey game with Ken Dryden--

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

A point of order. Come on. This is ridiculous.

[Dean Del Mastro, Conservative, Peterborough, ON]

I have a valid question here, Mr. Chair, because this witness has indicated--

[The Chair, Conservative, Rob Merrifield]

Order. Order.

Mr. Del Mastro, I think you made your point on the question.

[Dean Del Mastro, Conservative, Peterborough, ON]

My question, Mr. Wild, is given these facts, how can this be fully implemented? That is not consistent with the Accountability Act. How can it be that this is fully implemented--

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

A point of order.

[Del Mastro]

--and that fundraiser is going on this evening?

[The Chair, Conservative, Rob Merrifield]

Mr. Del Mastro, let's allow an answer to the question.

[Joe Wild]

The provisions of the Federal Accountability Act that amend the Canada Elections Act are completely in force. The Chief Electoral Officer is responsible for the enforcement of that act. Any issues around who is or who is not complying with that act would ultimately have to be raised with the Chief Electoral Officer.

[Dean Del Mastro, Conservative, Peterborough, ON]

So a “sky is the limit” fundraiser taking corporate cheques would be inconsistent with the Accountability Act?