Mr. Speaker, I rise today on a question of privilege to charge the Minister of Finance with contempt for his failure to comply with the legislative requirement compelling him to table a report from the chief actuary in compliance with section 115 of the CPP Act.
Subsection 115(2) of the CPP Act says:
--the Chief Actuary shall, whenever any Bill is introduced in or presented to the House of Commons to amend this Act in a manner that would in the opinion of the Chief Actuary materially affect any of the estimates contained in the most recent report under this section made by the Chief Actuary, prepare, using the same actuarial assumptions and basis as were used in that report, a report setting forth the extent to which such Bill would, if enacted by Parliament, materially affect any of the estimates contained in that report.
On June 6 the government introduced Bill C-58, an act to amend the Canada pension plan and the Canada Pension Plan Investment Board Act. The speaking notes given out by the government indicate that this will change the earnings of the fund by $75 billion. This is a material effect on the fund and must be accompanied by a full report of the chief actuary.
Moreover, the report must be laid before the House of Commons by the Minister of Finance forthwith. That is subsection 115(8), which states:
Forthwith on the completion of any report under this section, the Chief Actuary shall transmit the report to the Minister of Finance, who shall cause the report to be laid before the House of Commons forthwith on its receipt if Parliament is then sitting, or if Parliament is not then sitting, on any of the first five days next thereafter that Parliament is sitting, and if at the time any report under this section is received by the Minister of Finance Parliament is then dissolved, the Minister of Finance shall forthwith cause a copy of the report to be published in the Canada Gazette. (Section 115(8).
The chief actuary has completed his report. The speaking notes from the department read:
The transfer is expected to improve the investment performance of the CPP. The Chief Actuary of Canada estimates that the change will increase CPP assets by about $75 billion over 50 years.
The last time a bill was introduced in the House making changes to the CPP Act, the chief actuary had his report prepared one day before the bill was introduced in parliament. Bill C-2 was introduced on September 25, 1997, and I have a copy of a letter sent to the minister from the chief actuary dated September 24, 1997, one day before the bill was tabled indicating that:
In compliance with subsection 115(2) of the Canada Pension Plan Act, which provides that a periodic actuarial report shall be prepared whenever a Bill is introduced in the House of Commons to amend the CPP, I am pleased to transmit the sixteenth actuarial report on the Canada Pension Plan.
I will table both of these documents with you, Mr. Speaker.
Clearly, our chief actuary is on the ball and respects parliament and follows the law. The fault does not lie with the chief actuary but with the Minister of Finance. The report regarding Bill C-58 is obviously finished and should have been tabled.
Members of the House cannot evaluate the impact of these changes properly without a report. For example, an extra $75 billion may allow the 9.9% rate to fall. On the other hand it could be that the CPP would be unsustainable without this act and that this act was assumed in the preparation of the last, that is the 18th, report. Parliamentarians need to know this.
In 1993 the Speaker ruled on a similar question of privilege raised by the hon. member for Scarborough--Rouge River. The issue at that time concerned the failure of the Minister of Finance to table an order made under the customs act as it was his statutory duty to do. The member for Scarborough--Rouge River stated that he entertained no doubt that:
...the minister's failure to table a document required to be tabled by this House, whether intentional or accidental, tends to diminish the authority of the House of Commons and is something that might reasonably be held to constitute contempt by this House
Speaker Fraser ruled on April 19, 1993, that a prima facie case of breach of privilege had been made and allowed the member to move a motion referring the matter to the standing committee on House management. In his ruling Speaker Fraser reiterated that:
The requirements contained in our rules and statutory laws have been agreed upon by this House and constitute an agreement which I think all of us realize must be respected. Members cannot function if they do not have access to the material they need for their work and if our rules are being ignored and even statutory instruments are being disregarded.
The Speaker also agreed that disregard of a legislative command, even if unintentional, was an affront to the authority and dignity of parliament as a whole and the House in particular.
On November 21, 2001, the Speaker delivered a ruling in regard to a complaint by the member for Surrey Central who cited 16 examples of where the government failed to comply with the legislative requirements concerning the tabling of certain information in parliament. In all 16 cases raised on November 21 a report deadline was absent from the legislation. As a result the Speaker could not find a prima facie question of privilege. However the Speaker said in his ruling at page 7381 of Hansard :
Were there to be a deadline for tabling included in the legislation, I would not hesitate to find that a prima facie case of contempt does exist and I would invite the hon. member to move the usual motion.
The reporting date in section 115 of the CPP Act is “forthwith”. The term forthwith is used all through our standing orders, Mr. Speaker, and I have watched you comply with such orders. When our standing orders instruct us to put a question to the House forthwith, that is exactly what we do. We do it right away without delay. We do not do it the next day or a week later.
By breaching a statutory requirement to table the chief actuary's report in the House the Minister of Finance is in contempt of the House. I am prepared to move a motion to refer this matter to the Standing Committee on Procedure and House Affairs.
I would also request that Bill C-58 not be allowed to proceed until a report of the chief actuary has been tabled. This is more of a point of order and ask that you rule on that related matter as well.