Mr. Speaker, I am pleased to clarify some of the issues raised by Bill C-216 and the subject of enhancing access to government information.
This subject is important to Canadians. Since the passage of the Access to Information Act in 1983, Canadians have grown to expect that they will be able to obtain information controlled by the federal government. They believe they have a right to this information whether it is held by a department, an agency, or a crown corporation.
At the present time the Access to Information Act does not apply to all government organizations. It covers only those institutions listed in schedule I of the act. If a particular body is not listed, the legislation does not apply to it.
Bill C-216 proposes that Parliament extend the coverage of the act by listing all the federal crown corporations in the schedule. By recent count there are approximately 48 parent crown corporations, 27 of which are already subject to the access legislation. This proposal would include the remaining 21 corporations under the purview of the act.
It is important to carefully consider the fact that crown corporations were created specifically to deliver various programs and services to Canadians as commercially viable federal institutions and not as traditional departments or agencies.
By definition, crown corporations serve the public interest in a commercial environment. They range in size from small appropriation dependent corporations with limited commercial revenue to large commercial operations that operate on a self-sustaining basis. They are involved in activities that directly affect the lives of Canadians in areas such as transportation, communications and finance.
Crown corporations already respect the spirit of the government's broad socioeconomic policies. They have been subject to the Official Languages Act since it was passed in 1969. They also apply the principles of employment equity.
When the Access to Information Act was first debated, there was considerable discussion about which parts of the government should be covered and which should not. Crown corporations were often the focus of discussions precisely because they operate at arm's length from the government. While some argued that there was an even greater need for these institutions to be accountable for their actions and for the public funds for which they were responsible, one must keep in mind the fact that the Government of Canada has built-in mechanisms and reporting measures for crown corporations.
Since the establishment of the Access to Information Act, there have been further debates about the coverage of the legislation. For instance the Access to Information Act and the Privacy Act were reviewed in 1987. Members of the standing committee on justice and the solicitor general have examined the Access to Information Act and the information commissioner has made several representations on the subject over the years.
In 1994 a special report entitled “Where Lies the Kingdom of Access” included a proposal that the crown corporations should be covered by the act unless Parliament in its wisdom specifically chooses to exclude an entity in explicit terms. It also proposed that there should be a special provision made to exclude all program materials of the Canadian Broadcasting Corporation.
Excluding program materials of the CBC from access highlights the issue of the unique nature of many crown corporations. It is possible that the application to the CBC of some of the existing provisions of the legislation could have a very chilling effect on the ability to collect information and could compromise its sources. They could potentially impede the corporation's ability to disseminate information which we would all agree is its primary purpose.
It must be recognized that because many crown corporations compete with private sector firms they are expected to function like their private sector counterparts. They must operate in an environment free from the undue interference of government administrative constraints. Their use of private sector business practices often requires that the general government policies be tailored specifically to their needs.
Consequently even before considering the extension of the Access to Information Act to the entire group of crown corporations, close consultation with each and every corporation should be made and an examination of the unique circumstances in which it operates would have to be made.
If Canadians want their crown corporations to provide services and deliver programs effectively and efficiently, these institutions must not be subjected to measures that could severely impede their work. In other words, if we expect crown corporations in effect to compete with the private sector, we should not force them to meet requirements above and beyond those of their competitors in the same market.
The federal government recognizes and appreciates the right of Canadians to have access to federal information. There is, however, an important and essential balance between the broad legal right of Canadians to information and that of individual privacy, commercial confidentiality and national security. This balance must be protected if we want crown corporations to be successful.
With respect to the protection of the release of commercially sensitive information, these kinds of safeguards are particularly important to maintain the competitive position of our crown corporations. These measures are consistent with the Freedom of Information Act in other jurisdictions, namely the provincial ones.
For example, the Ontario legislation covers crown corporations that market their services and products to the public while providing a clear and significant exemption for commercially valuable or sensitive information. If any adjustments were made to the current provisions of the act, the special interests of the individual crown corporations would have to be appropriately accommodated. Furthermore, we could not simply amend or extend access principles in this way without causing damage to the legitimate interests of one or more of these corporations.
The government supports the principles of openness and accountability inherent in the Access to Information Act. However, Bill C-216 in its present form suffers from sins of omission. The most serious sin is that it fails to provide any provision to protect the legitimate commercial interests of the crown corporation either collectively or individually. These interests must be observed since this complements the public interest in ensuring that corporations continue to operate effectively and on a level playing field with their competitors.
Therefore I must firmly reject the bill in its current form. I am very confident there are good reasons for doing so.