Partisan politics, my friend says. I certainly agree.
As I pointed out earlier, too much discretionary power in the hands of one person leads to abuse. When the phrase "in the opinion of the minister" is used in legislation, ministers can make any kind of decision they want. There are no guidelines. There are no written rules to follow.
Using these kinds of words in legislation takes away the certainty that all Canadians will be treated fairly and equally. Therefore I urge the government to stop using language in legislation which increases the amount of discretionary power which is placed in the hands of cabinet ministers and government officials. That much power in the hands of one individual is not necessary; in fact, it can be very harmful.
A second proposed Reform amendment rejected by the government was changing lines 31 to 41 on page 8 of the bill. Our amendment would have greatly improved Bill C-5. It would have allowed creditors to be treated more fairly during the trustee investigation process.
For example, the way Bill C-5 is presently worded, requirement to pay restitution is only an option that the superintendent may chose to apply when the trustee has defrauded an estate. In our opinion, it is only fair that a trustee be required to pay restitution in all cases where necessary. If a trustee has defrauded an estate in any way the superintendent must order the trustee to pay restitution to the creditor. Our amendment would have given the superintendent no discretionary power in this situation. Reform would have secured greater fairness for the creditor.
In closing, I want to reiterate that bankruptcy is a major problem in Canada. The way to help those who are bankrupt and in fact all Canadians is to balance the budget and then reduce taxes. Giving people back the money that they earned will increase spending which in turn will create jobs. Canadians with jobs can pay their bills and pay off their loans.
Bill C-5 has many positive provisions, the most important sections being the ones amended by my hon. colleague from New Westminster-Burnaby.
Also, Bill C-5 could have been a greatly improved piece of legislation. Reform offered several amendments that would have made the Bankruptcy and Insolvency Act a fairer and more just piece of legislation, but our suggestions were rejected.
Nevertheless, Reform will still support the passing of Bill C-5 through the House. We will also continue to make further recommendations to improve the Bankruptcy and Insolvency Act. When it comes up for review at a later time we will be there.