Mr. Speaker, it is a great pleasure to enter this debate on Bill C-212 put forward by the member for Etobicoke North. I respect the member. We have been great colleagues for a long time and we share many functions on various committees. I know how much this issue means to him. Indeed, I am very interested in this issue as well because of course the government brought in user fees a number of years ago and sometimes people think that we just do not have it quite right.
I would like to report that the Treasury Board in fact is abreast of the issue. It has undertaken a change, a policy framework process, and has dealt with industry in trying to bring forward a revision to the policy. It is not here quite yet and that is partially what my argument would be: that the bill is somewhat premature because there is work and progress going on. However, the member opposite is very concerned that it is not going fast enough, and so maybe he should be.
I must state that the government is opposed to the bill for a number of reasons. Today I would like to describe these reasons as well as provide the House with some additional information on cost recovery and user charging.
Bill C-212, despite its good intentions, would be detrimental to the effective functioning of government. It contains a number of constructive measures, but these are already in place in existing federal policies. I believe that accountability and transparency can be better strengthened through improving these existing policies and existing mechanisms for reporting to Parliament and the public.
Currently, pursuant to the authorities granted them by Parliament, individual ministers are responsible for establishing and amending fees. As such, ministers are responsible for evaluating and responding to the many factors relevant to charging decisions. They are accountable to the public and to Parliament. Ministerial accountability is a fundamental principle in all parliamentary democracies. The Treasury Board cost recovery and charging policy supports this legislative framework by setting out the conditions and factors ministers are to consider when users are charged.
This bill would change Canada's approach. It would establish a standing committee to scrutinize and make recommendations to the House of Commons for the approval or rejection of all federal user charges. I know that all of us who serve on various standing committees look forward to the possibility of a another standing committee and wonder how we could provide our time accordingly.
The bill's additional provisions would create an unprecedented overlap in responsibilities and accountabilities between ministers, the standing committee, the House, undefined independent dispute mechanisms and ultimately the courts. This would dismantle the existing ministerial responsibilities, and existing parliamentary oversight would in fact be supplanted.
Ironically, the sum effect would be to undo the worthy objectives of the hon. member's bill. I say this because it would skew accountability by replacing existing lines of authority with a process that would be very complex, costly and unwieldy.
First, the bill's proposed approval process would require the House of Commons to approve, reject or amend all user charge proposals upon consideration and recommendation of the House committee. This would stray from the current practice and philosophy that Parliament delegates questions of application and detail, such as fee setting, to the executive, which is done in the name of efficiency. In other words, the bill would require the Parliament of Canada to in fact micromanage this whole file.
For example, let us imagine that a small agency under Health Canada is seeking approval of a minor change to its fee schedule. In this example, the proposed fee change is intended to simplify the fee structure and process. The bottom line, or the public purse, would not be affected by this change. The proposal is deemed to be revenue neutral. Is this really the type of proposal that requires a separate committee and the House to spend time reviewing? I think not, but the bill would capture this type of transaction
Second, as an act, the provisions of the bill will be enshrined in law. The ultimate arbitrators of issues regarding its interpretation and implementation, then, will not be parliamentarians or the executive, but rather Canada's court system. Complainants dissatisfied with the departmental position or simply seeking to delay fee implementation are liable to avail themselves of the court process to argue potentially frivolous technical issues. In other words, we can actually visualize people starting a court action simply to avoid the possible imposition or increase of a fee.
For example, paragraph 4(1)(a) of the bill requires that “Before a regulating authority fixes” or amends a fee, “it must take reasonable measures” to notify clients of the user fee proposal. Paragraph 4(1)(b) adds that the regulating authority must also give “all clients or service users a reasonable opportunity to provide ideas or proposals for ways to improve” the fee-related services.
With no definition as to what constitutes “reasonable” in these cases, complainants lose nothing by contending in court that the Canada Gazette and the Internet were not reasonable means of notification in their case or, for example, that a four week opportunity to provide ideas was not reasonable as it coincided with a busy period in their work cycle, et cetera.
We can imagine the caseload on an already overburdened court system. We must consider the time delays on implementing potential fee proposals and the delaying effects this would have on the courts' ability to hear more serious cases, and we must consider of course, the court and legal costs.
Third, paragraph 4(1)(e) calls for each charging authority to “establish an independent dispute resolution process to address a complaint or grievance submitted by a client regarding the user fee or change”.
The bill does not establish whether the ruling authority of such a process would supersede that of the minister responsible for the charge or, for that matter, the authority of the committee. Nor does the bill define what constitutes “a complaint or grievance”. The government is well aware that complaints can range from fairly practical questions of application to those that challenge the right or rationale for the department to institute a charge.
Fourth, the bill would extend the reach of this approval process more broadly than perhaps was intended. We note that it would also apply to crown corporations. Their ability to quickly respond to their clients would be subject to the delays created by this new process. That contradicts the reason Parliament granted them a reasonable degree of independent authority: so that government could be more businesslike.
The operational independence granted crown corporations has long been considered an integral part of making government more effective and responsible. Much hard work has been done here in Parliament to create crown corporations like Canada Post so that we could make these organizations more efficient and reduce the red tape burden on the delivering of these services to Canadians. Why would we undo that work? Why place new limits on these organizations after directing them to be more businesslike? Yet that is what the bill would do.
Furthermore, I note that the bill states, “This Act applies to all fees fixed by a regulating authority”, and the bill defines a regulating authority as “a department, agency, board, Crown corporation, commission, or any other body that has the power to fix a user fee or a cost recovery charge under the authority of an Act of Parliament.”
As worded, the bill also could apply to private sector entities such as Bell Canada and Shaw Cable, whose prices are “fixed by a regulating authority” like the CRTC. The repercussions for these businesses would be yet another round of hearings and the expense associated with them. The added delay implied by the effects of the bill, creating various layers of parliamentary, judicial and independent oversight, would be far reaching and potentially very serious for firms who rely on faster, not slower, decision making authorities, which in turn would affect their bottom line.
Fifth, the proposed approval process would also require fees to be justified in comparison to those of other OECD countries.This risks putting pressure on Canada to establish fees at an international lowest common denominator. Canadians feel strongly about their government's role in protecting public health, safety and security. They expect better of their government than an unsophisticated comparison when so many economic, social and political factors determine the level of service people want and the amount they are willing and able to pay.
I wish to convey a strong message that the government is committed to the values of transparency and accountability and is acutely aware of their importance in the user fee environment. It is very serious about making substantive improvements to the current policy on cost recovery.
The government is presently in the latter stages of a balanced and comprehensive review of this policy. Extensive consultations have been held with internal and external stakeholders. Based on the comments received, the government has proposed, in the form of a draft revised policy, a number of changes. Following comments on these proposals, the government is considering further refinements.
The proposed changes will strengthen the accountability of the fee setting process to Parliament, stakeholders and the public and bring about more consistency in the implementation of the policy. This is in response to the previous recommendations of the Standing Committee on Finance and the Auditor General. The proposed changes will provide more explicit guidance to departments that charge.
It is important to note that the government is still in consultation with industry representatives and departments, but there are differing perspectives and competing objectives to consider. Not every issue will be resolved to the satisfaction of all stakeholders. We will continue to listen and to explore ideas for addressing concerns before concluding this review. As we are still consulting--