Debates of May 28th, 2013

First Nations Elections Act

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I would like to thank the hon. member for his speech.

I find it interesting that we have something to learn from the first nations with regard to governance and particularly with regard to consultation.

The first nations hold band councils and they meet together to discuss issues and reach a consensus. They have reached a number of consensuses over the years. We could learn from this dialogue. It would be worthwhile to use this approach as a model for the way we work together in politics.

I would like to hear my colleague's comments on that.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, having grown up with, gone to school with and spent my life with first nations people, I find them to be some of the warmest and most accommodating people I have known. They are people who are there for each other.

It is interesting that in the Dene language there is no word for “thank you”. They had to invent a word for it because their culture says that taking care of each other is not a “thank you” issue, but an issue of responsibility.

It is a wonderful culture. It is a culture that all Canadians could learn from, and we should respect that culture in every way in the legislation that we pass in the House.

[The Deputy Speaker]

That concludes the time we have for debate at this time. The hon. member for Western Arctic will have approximately eight minutes for finishing questions and comments.

A motion to adjourn the House under Standing Order 38 deemed to have been moved.

Human Resources and Skills Development Canada

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, I am pleased to be here, even at this late hour, to follow up with the government on the HRSDC data breaches. It is a very important issue and Canadians deserve to hear the answers, no matter what the hour.

I am hopeful that the Conservative government will finally take the privacy of Canadians seriously and investigate the decade-long data breaches of government departments. The Conservatives owe an explanation to Canadians and have an obligation to ensure that proper rules are put in place to protect the personal information of individuals. The federal government, quite frankly, dropped the ball on this and allowed the release of private information for millions of Canadians. Many questions still remain about how this happened.

The NDP has been very clear on this issue and has been asking the tough questions. In a written response to the member for Timmins—James Bay, the government admitted to more than a million breaches of personal data over the past decade, with little or no action taken nor any follow-up done with the office of the Privacy Commissioner.

It remains unclear exactly how many Canadians were affected, nor is it known if any of the data breaches were used in terms of identity theft. This is unacceptable and the government's actions are slow and scattered.

The Minister of Human Resources and Skills Development admitted that the department lost personal information for more than half a million people when an external hard drive went missing last November, exposing those individuals to the possibility of identity theft.

The privacy breach is one of the biggest ever seen in Canada. The personal information of 568,000 individuals who took out student loans through the Canada student loan program between 2000 and 2006 is at stake, including names, social insurance numbers, dates of birth, contact information and financial information about loan balances of borrowers, in addition to personal contact information of about 250 HRSDC employees.

The breach is yet another reminder that the Conservative government refuses to take privacy rights seriously.

It is imperative that the government take the privacy rights of individuals in Canada seriously. The government needs to offer a more comprehensive, long-term solution to the individuals affected by this privacy breach, such as long-term credit monitoring or identity fraud insurance.

I would like to add that the response to this breach has been dismal. The government merely expressed concern and offered limited assistance, and still refuses to cover the cost for credit monitoring that those affected have to incur.

The minister, more than 10 weeks after the breach was discovered, finally announced a policy change in the department so that portable hand-held devices will no longer be used.

New Democrats will hold this minister to account. I would very much like to hear how the government plans to address the privacy concerns of Canadians who have been affected because of what the government has done. What it has done at this point is nowhere near enough.

[Mike Lake, Conservative, Parliamentary Secretary to the Minister of Industry]

Mr. Speaker, there is no doubt that the loss of personal information is completely unacceptable.

Last fall, there were two unfortunate security incidents in the department involving missing portable storage devices containing personal information.

One incident involved a USB stick containing information on the Canada pension plan disabilities plan. In the second incident, a portable hard drive with information on Canada student loan borrowers went missing. These were two separate incidents and not related to each other in any way.

Clearly, this kind of incident is unacceptable. The Privacy Commissioner and the Royal Canadian Mounted Police are aware of this case. An official investigation is under way to get to the bottom of how the hard drive went missing.

The minister has ordered the department to strengthen its protocols on the security and storage of personal information.

The department is taking action in three areas. With regard to hardware, unapproved portable hard drives are no longer permitted, and unapproved USB keys are not to be connected to the department's network.

With respect to software, a new technology to prevent data loss will be implemented.

Finally, on departmental culture, mandatory training for employees will be provided to reinforce the importance of proper handling of personal data. Disciplinary measures are also in place for staff who do not conform to security procedures, including termination. The department has also taken actions to mitigate the impact on the affected Canadians. The department informed the affected clients of the steps they should take to help protect themselves after this incident. Furthermore, we have provided information and support on various government websites. These websites have toll-free numbers that people can call if they are concerned that they were affected.

The affected social insurance numbers have been flagged in the social insurance register to indicate that the social insurance number was involved in a security breach and to ensure that any requests for modifications undergo an enhanced authentication process. As a further precaution, the department has purchased a customized package from Equifax Canada to protect the credit ratings of the affected people. This is a solution that is tailored specifically to this incident, and it is available free to everyone who may have been affected.

Credit protection is an appropriate and reliable strategy that will help prevent misuse of personal or credit information.

The minister has acted quickly to make sure the department takes immediate action to ensure a situation like this does not happen again.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, I would like to point out to the member that the NDP has actually drafted legislation that would help to address privacy breaches. The member for Terrebonne—Blainville has introduced Bill C-475. This bill would create mandatory data breach reporting in the event that a data breach causes a risk of harm to an individual. The bill would also increase the enforcement powers of the Office of the Privacy Commissioner to ensure that organizations comply with PIPEDA when handling the personal information of Canadians.

This kind of protection has long been called for by key experts and citizens groups. It is time to act to meet the challenges of the digital age, not just for today but tomorrow as well. Bill C-475 is scheduled for debate at the end of June. I would like to know if the member opposite will support this legislation that will better protect the privacy rights of Canadians.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Mr. Speaker, in response to the actual question that was raised that precipitated this interaction today, as I previously stated, this kind of incident is unacceptable. We all agree on that. We have taken action to strengthen the protocols related to the protection, security and handling of personal information.

Let me be clear, the government takes this issue very seriously. We have carried out thorough investigations and reviewed our internal policies. We also informed the clients affected by this incident as well as the general public.

We are working diligently to safeguard the personal information entrusted to the government.

Canada Post

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, it is fitting that I am speaking to this topic today because this morning I was able to meet with the Association of Public Service Alliance Retirees; its president, Mr. Chevalier; and its executive committee. They wanted to discuss two or three issues, and the government should be worried about one in particular.

In November 2011, the Supreme Court of Canada made a unanimous ruling on pay equity and ordered Canada Post to compensate its employees. Of the slightly more than 6,000 employees who were affected, the majority are women and 80% are now retired. What is worse, this morning members of the Association of Public Service Alliance Retirees told me that 28 of those people are now deceased. There may be more, but the members know that 28 of them have died.

The Supreme Court handed down its ruling a year and a half ago and Canada Post still has not respected the unanimous decision of the highest court in the land.

In 2005, Canada Post set $50 million aside in case it might lose. It lost after a lengthy battle. These people, 80% of whom are retired, live on an income averaging less than $20,000 and the money they are owed would help them a great deal. It would probably add $100 to $150 a month to their pension.

A year and a half after a unanimous Supreme Court decision, Canada Post, backed by the government it seems, refuses to pay what it owes these people. It makes no sense.

I asked the question in April and in response I was told that Canada Post is an independent corporation that is responsible for its own affairs, especially when it comes to human resource management.

I am sorry, but Canada Post has only one shareholder and that is the Government of Canada. When it came to interfering in Canada Post's business in June of 2011, the government did not hesitate to introduce a bill in the House to force the employees back to work before the strike even began. We all remember that saga.

In Bill C-60, which is currently at committee stage, the government also gives itself the right to intervene in collective bargaining processes.

The government cannot tell us that Canada Post is an independent corporation that is responsible for its own affairs when it comes to labour relations and then turn around and say that it can interfere whenever it wants to.

Why does the government not want to interfere to force Canada Post to pay its employees what it owes them, as per the Supreme Court's decision?

Who does Canada Post want to appeal to now? It is trying to negotiate with the unions and the courts to pay less interest than it owes. A Supreme Court judgment cannot be appealed before lower courts. If Canada Post wants to appeal the Supreme Court's decision, it should bring its case before Parliament, where its appeal will be denied rather quickly. Canada Post has to pay that money to over 6,000 current employees and former employees who are now retired. It is not doing so.

As I said the other day, it very unlikely that the bigwigs and managers at Canada Post would agree to wait a year before getting what they were owed.

I hope that the government will take action and force Canada Post to abide by the Supreme Court's decision.

[Mike Lake, Conservative, Parliamentary Secretary to the Minister of Industry]

Mr. Speaker, the Canada Post Corporation was created to provide a standard postal service that meets the needs of Canadians across the country, no matter where they live. To do this, Canada Post has employees across the country and is one of the largest employers in Canada.

To begin, I would like to remind the member that Canada Post, as an independent, arm's-length crown corporation, is responsible for its own operations. As a result, the government, like previous governments before it, does not interfere in its operations. However, our government expects Canada Post to respect the Supreme Court of Canada's ruling on this decades-old dispute that originated years before that member was elected to this House.

Our government continues to expect Canada Post to take the necessary steps to implement the decision as soon as possible. It needs to be recognized that applying the court's ruling is a complex and massive undertaking. In November 2011, the Supreme Court of Canada ruled in favour of the Public Service Alliance of Canada and upheld the Canadian Human Rights Tribunal award to eligible employees for compensation of 50% of the wage gap found to exist from August 24, 1982 to June 2, 2002.

Canada Post has publicly assured Canadians that it is moving forward as diligently and efficiently as possible to implement this ruling. To make payments, the corporation must complete a thorough review of the employee data to determine eligibility and, as required by the Canadian Human Rights Tribunal, reach an agreement with the Public Service Alliance of Canada that provides certainty and finality on all compensation issues. Canada Post and the Public Service Alliance of Canada must come to an agreement on a number of key issues, most notably the amount of compensation to be provided by individual, each individual's wage gap, and other calculations on which that amount would be determined.

Canada Post has a dedicated team of Canada Post employees that has been working through the complex data gathering and review process. This complex work involves reviewing tens of thousands of individual employee files. That member should know that some of these records are available in digital format. Many are available in paper format only, some of which date back many decades.

The corporation continues the massive job of gathering data, while attempting to reach an agreement with the Public Service Alliance of Canada. In order for Canada Post to be able to make the payments according to the Canadian Human Rights Tribunal's requirements, Canada Post also needs a clear and final agreement with the Public Service Alliance of Canada on all issues raised.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, when I hear that Canada Post is an arm's-length crown corporation and the government cannot do anything about it, I think it is a bit of a crock. In June 2011, the government did not hesitate to interfere by introducing legislation forcing people back to work when the strike had not even begun. On Bill C-60, the Conservatives would not hesitate to interfere in the negotiations; they have given themselves that authority.

Does the gentleman across the way think that if the managers had something owed to them that they would wait a year and a half before it was paid to them? Does he think that the only shareholder, the government, would wait a year and a half before receiving its dividend that it receives annually? Would it wait that long? I do not think so. Therefore, why would they then be treating their employees and their retired employees with such disdain?

Let us hustle a bit here and respect the Supreme Court. Do not negotiate, as there is no negotiation here. It is settled. The Supreme Court decided, so do what is right and pay these people their due.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Mr. Speaker, our government expects Canada Post to abide by the Supreme Court's ruling and implement its ruling as soon as possible to end this decade-long dispute. While the ruling is clear, and Canada Post is abiding by the ruling, there remains a lot of negotiation between the union, in this case the Public Service Alliance of Canada, and the employer, Canada Post.

Canada Post is an arm's-length crown corporation and, as I mentioned earlier, a separate employer. As such, the government does not intervene in these matters. Canada Post has assured us that it remains committed to the implementation of the pay equity award.

[The Deputy Speaker]

Pursuant to an order made Wednesday, May 22, 2013, the motion to adjourn the House is now deemed to have been adopted. Accordingly, the House stands adjourned until later this day at 2 p.m. pursuant to Standing Order 24(1).

(The House adjourned at 12:27 a.m.)