House of Commons Hansard #100 of the 45th Parliament, 1st session. (The original version is on Parliament's site.) The word of the day was amendments.

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This summary is computer-generated. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Controlled Drugs and Substances Act First reading of Bill C-272. The bill proposes to amend the Controlled Drugs and Substances Act to prohibit the establishment or operation of supervised drug consumption sites in close proximity to locations frequented by children, such as schools and playgrounds. 200 words.

Fairness for All Canadian Taxpayers Act First reading of Bill S-217. The bill proposes increasing Canada Revenue Agency transparency by publicly listing tax evasion convictions, mandating tax gap statistical reporting, and improving data access for the Parliamentary Budget Officer. 200 words.

Public Accounts Members debate a Bloc Québécois motion calling for an independent public inquiry into multibillion-dollar cost overruns in federal IT projects, including the Cúram benefits delivery system, ArriveCAN, and the Phoenix pay system. Critics emphasize the negative impact on seniors and government mismanagement, while Liberals argue that modernization is essential and existing oversight mechanisms remain sufficient. 12100 words, 1 hour.

Petitions

Strengthening Canada's Immigration System and Borders Act Members debate a Liberal motion regarding Senate amendments to Bill C-12, legislation aimed at strengthening border security and immigration system integrity. Liberals argue the bill provides essential tools for managing migration, while NDP members express strong opposition, criticizing what they describe as "draconian" measures. Conservatives and the Bloc Québécois emphasize concerns regarding system dysfunction and the need for greater accountability and fair distribution of claimants. 12300 words, 2 hours.

An Act Respecting Cyber Security Report stage of Bill C-8. The bill moves to third reading following report stage, where a proposed amendment was rejected. Liberals characterize the legislation as a vital national security measure to protect critical infrastructure from cyber-threats. Conservatives, while acknowledging the need for cybersecurity, contend the original text granted the government excessive overreach and argue their committee amendments were essential to increase accountability and protect individual privacy. 4700 words, 35 minutes.

Statements by Members

Question Period

The Conservatives link "radical" policies like the industrial carbon tax to a weak Canadian dollar and high food inflation. They condemn an out-of-control immigration system, pointing to surging youth unemployment and a massive asylum backlog. Additionally, they highlight a decline in business investment and demand protected B.C. salmon fishing rights.
The Liberals celebrate meeting the 2% NATO target and passing housing legislation to boost home construction. They highlight job creation and record energy production while defending affordability measures like dental care and $10-a-day childcare. They also emphasize reforming the immigration system and maintaining federal management of salmon as a shared resource.
The Bloc accuses the government of anglicizing Quebec by funding English programs and appointing unilingual officials. They also condemn a "constitutional coup" and any veto over provincial legislation that undermines Quebec's jurisdiction.
The NDP opposes dental care clawbacks for seniors and demands a parliamentary review of Canada's arms export policy.

An Act Respecting Cyber Security Third reading of Bill C-8. The bill, which establishes a cybersecurity framework and amends the Telecommunications Act, passed third reading on division. While the Bloc Québécois and Conservatives praised the collaborative, multi-party improvements made in committee, including mandatory legislative review, critics like the Green Party argue that significant loopholes remain regarding privacy protections, warrant requirements, and ministerial oversight that require further sober second thought by the Senate. 4800 words, 40 minutes.

Addressing the Continuing Victimization of Homicide Victims' Families Act Second reading of Bill C-236. The bill, known as McCann's law, aims to require courts and parole boards to consider an offender's refusal to disclose the location of a victim's remains as a significant factor in sentencing and parole decisions. While Conservative members argue the legislation provides necessary accountability for victims, Liberal and Bloc Québécois members, despite supporting further review in committee, expressed reservations regarding its current legal implementation. 6800 words, 1 hour.

Adjournment Debate - Natural Resources Helena Konanz argues that the government’s regulatory failures and taxes restrict energy production and delay projects. Caroline Desrochers defends current Liberal policies, highlighting record production and ongoing federal-provincial coordination. Konanz also calls for an all-party coalition to address softwood lumber tariffs, which Desrochers agrees requires a unified approach. 1200 words, 10 minutes.

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Dental CareOral Questions

3:05 p.m.

NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, seniors in my riding are being told they no longer qualify for the Canadian dental care plan because they supposedly have access to private insurance, even when that so-called access is only theoretical, unaffordable or based on plans they opted out of decades ago. Some have already had treatment approved and completed and are now being told they may have to pay the money back.

Why is the government clawing back dental care from seniors who followed the rules and simply cannot afford private dental care coverage?

Dental CareOral Questions

3:05 p.m.

Don Valley North Ontario

Liberal

Maggie Chi LiberalParliamentary Secretary to the Minister of Health

Mr. Speaker, the hon. member works really tirelessly for his community, and I respect him a lot for that. The Canadian dental care plan has enabled 6 million Canadians to access affordable dental care and saved families $800 a year. I look forward to working with him to resolve any outstanding issues that he has brought up.

Foreign AffairsOral Questions

3:05 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, the Prime Minister is patting himself on the back about reaching NATO's 2% defence spending target. Budget 2025 saw the Liberals impose a 5% target, $81 billion, and now the government is promoting its defence procurement strategy as a way to turn Canada into a major arms exporter. This exposes Canada to further undermining international arms trade commitments through existing loopholes without scrutiny.

Will the Prime Minister admit that this new direction demands accountability and commit to a full parliamentary review of Canada's arms export policy?

Foreign AffairsOral Questions

3:05 p.m.

Don Valley West Ontario

Liberal

Rob Oliphant LiberalParliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, I would remind the House that Canada continues to have the strongest regime when it comes to arms export controls. We will continue to monitor every sale that leaves this country. We will continue to ensure that we have the best corporate social responsibility as we are engaged in peace activities around the world. We will continue to do that. We will never let our eye off that ball.

The House resumed consideration of the motion.

Public AccountsCommittees of the HouseRoutine Proceedings

3:05 p.m.

The Speaker Francis Scarpaleggia

It being 3:08, the House will now proceed to the taking of the deferred recorded division on the motion to concur in the eighth report of the Standing Committee on Public Accounts.

Call in the members.

(The House divided on the motion:)

Vote #94

And the result of the vote having been announced: Yeas, 164; Nays, 164

Committees of the HouseRoutine Proceedings

3:20 p.m.

The Speaker Francis Scarpaleggia

The House has heard the Clerk announce an equality of votes for and against the motion. It is therefore my duty in these circumstances to exercise the casting vote. I should make it clear that I am casting my vote on purely procedural grounds. In accordance with precedent, that is, decisions made by my predecessors in similar circumstances, and since no further discussion on the matter is possible, I will cast my vote against the motion in order to allow the House to preserve the possibility that the matter might somehow be before the House again in the future, to be decided by a majority of members.

I wish to inform the House that because of the deferred recorded divisions, the time provided for Government Orders will be extended by 12 minutes.

Business of the HouseRoutine Proceedings

3:20 p.m.

Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

Mr. Speaker, it being Thursday, it is time for the Thursday question.

Before we go back to our constituencies to engage in important constituency work and to spend time with our friends and family over the Easter break, I want to wish everybody across Canada a very blessed and meaningful Good Friday. Of course, I am looking forward to the wonderful news of our Lord's resurrection on Easter Sunday, something that brings Canadians together from coast to coast, from all different cultures and backgrounds.

However, before we break, I would like the government to give us an update as to what we will be dealing with when we come back after those two constituency work weeks and whether or not there will be any legislation introduced in the House to repeal the industrial carbon tax, which is driving out investment in Canada's energy sector and contributing to the collapse in the fall of the Canadian dollar, which is, of course, a big culprit in the rising prices that Canada faces.

Business of the HouseRoutine Proceedings

3:25 p.m.

Gatineau Québec

Liberal

Steven MacKinnon LiberalMinister of Transport and Leader of the Government in the House of Commons

Mr. Speaker, I want to join with my hon. colleague a little bit in advance, as it is only, of course, a week from now, to wish all hon. colleagues, and indeed all Canadians, a happy Easter.

I wish all members two safe and productive weeks in their ridings.

As to the industrial carbon tax, the member well knows that it cannot possibly be preventing investment, as Canada has achieved record outputs of oil and gas exports. Boats are now floating to Asian markets with our energy products, thereby increasing returns to Canadians and Canadian workers. That is, of course, good news.

When we return from the Easter break, priority will be given to Bill C-22, an act respecting lawful access, and Bill C-25, the strong and free elections act, which was introduced this morning.

Tuesday, April 14, shall be an allotted day.

Once again, Mr. Speaker, I wish you and all the House staff a joyous and happy Easter.

Business of the HouseRoutine Proceedings

3:25 p.m.

The Speaker Francis Scarpaleggia

I wish the same to all members.

The House resumed consideration of the motion that Bill C-8, An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts, be read the third time and passed.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:25 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

Mr. Speaker, I am pleased to rise at third reading of Bill C-8, a very important bill. We agree with the government and with all members of the House that we needed a bill on cybersecurity.

We took the necessary time to debate this bill over a number of sittings. We heard from a number of witnesses and experts, and there was no filibustering by the Conservatives, the Bloc or the Liberals. No one filibustered. Why? It is because everyone agreed that this is an important bill and that it was important to improve it through a series of amendments.

The Conservative Party put forward amendments, the Bloc Québécois put forward amendments and even the government made amendments to its own bill. We even adopted an amendment proposed by a non-recognized party, because it made sense and improved the bill.

What exactly is Bill C-8? The bill is divided into two parts. Part 1 amends the Telecommunications Act to strengthen security by authorizing the government to direct Internet service providers to do or not do certain things that are necessary to secure the entire Canadian telecommunications system.

Part 2 of the bill creates a new act, the critical cyber systems protection act, which would provide a framework for the protection of critical cyber-infrastructure and companies under federal jurisdiction. When it tabled Bill C-8, the government expected us to pass it with little or no debate, considering that it was a carbon copy of Bill C-26, which had gone through the entire legislative process in the previous Parliament and died on the Order Paper in the Senate.

However, we in the Bloc Québécois have a very influential and conscientious House leader, and she refused. She said that we absolutely had to be able to debate Bill C‑8 because we had a new perspective and because time had passed. More importantly, during the debate on Bill C‑26, almost all of our amendments were defeated because of the deal between the NDP and the Liberals. Even though our proposed amendments to Bill C‑26 made sense, they were defeated quite easily, because the NDP had agreed to that bill.

As fate would have it, we began debating Bill C‑8 with a completely new perspective and, most importantly, in a new political context where the Bloc Québécois held the balance of power in committee. The Bloc used this power judiciously and rigorously, in a professional manner. Our goal was to come up with the best bill that would serve Quebec's interests, and so much the better if it served the interests of all other Canadians as well.

I will give some examples. In Bill C‑26, all of the recommendations made by Electricity Canada were rejected. Some of them dealt with Hydro‑Québec and the importance of respecting Quebec's jurisdictions, including that of Hydro-Québec. Hydro-Québec manages a hydroelectric network and an electricity transmission system that crosses provincial and U.S. borders, and it was already meeting very demanding and strict security regulations. All of a sudden, with Bill C‑8, it found itself in a situation where the federal government could decide everything without consulting the provinces or Quebec, even though officials and the party opposite were telling us that they would consult. As we know, for the federal government, consultation often means making decisions and consulting afterward.

In committee, we wanted to make sure that Electricity Canada's recommendations were heard properly. Obviously, we proposed an amendment that addressed its concerns, which were the same as ours, and that amendment was adopted. We were very pleased that a number of Bloc Québécois amendments were adopted.

One in particular was very important to me. We had one witness, Mr. Lefebvre, who explained why encryption is so important. I do not know how well-versed my colleagues are in digital and technological matters, but encryption is a central element of all digital systems. Basically, it is a security technique that makes readable information unreadable to any unauthorized person. Only people with the right key can decrypt the information and understand it. Encryption is used to protect sensitive information, such as messages, passwords and banking information. It is used in online communications, such as email, secure websites and some messaging apps, like WhatsApp, for example. Messages and calls are encrypted end to end.

We explored this part of Bill C‑8 in depth because we had no guarantee that the government would lower its encryption criteria given that it was so vulnerable to cyber-attacks just then. There was also potential for abuse due to easier access to conversations people could have on social media apps. The government listened to our concerns and those of the witnesses and put forward its own amendment, which made it crystal clear that there would be no changes to encryption. The Bloc Québécois had presented a similar amendment. We all agreed that there was a line we would not cross. By putting it right there in the bill, encryption is now protected.

We heard from some very good witnesses. We also heard from the Privacy Commissioner, who was surprised to find that Bill C-8 lacked consistency regarding three key criteria for accessing privileged information or sharing sensitive intelligence. He was concerned that the criteria of necessity, proportionality and reasonableness were not fully specified in the bill. They were included in some sections, but not in others.

We in the Bloc Québécois took the Privacy Commissioner's testimony very seriously, and we proposed amendments to ensure that, if sensitive information is shared, it is analyzed based on the criteria of necessity, proportionality and reasonableness before access is granted. Quite frankly, we will have to revisit these three criteria when we study Bill C-22, which provides legal access to information. We will ensure that these three criteria are included in the legislation, as they are important when it comes to accessing information and, above all, sharing it with various stakeholders.

We also supported amendments that were prepared by our Conservative colleagues. Unfortunately, those amendments were ruled out of order by the Speaker of the House. That is a shame, because they would have made it necessary to obtain a mandate to make regulations, which would prevent the minister from having too much power. I am worried, and I will always point out that the National Security and Intelligence Review Agency, or NSIRA, is the only monitoring agency for Canada's intelligence services and the RCMP. It is the only agency with a mandate to monitor those agencies to see whether they are complying with the law. In other words, are they abusing their powers or sharing information? Are they dealing with private information beyond what the law allows them to do?

Basically, ruling the Conservatives' amendment out of order gives the ministers more power. At the same time, the government decided to cut NSIRA's funding by 15%, which amounts to about eight positions, including lawyers, analysts and investigators. This means that ministers and public servants would have more power but NSIRA would have less power and fewer tools.

We were therefore disappointed to see that, despite cutting $2.7 million from NSIRA's $17-million budget, the government chose not to support the amendments from the Bloc Québécois and the Conservative Party, and the Speaker ruled them inadmissible today. This made us somewhat suspicious, given that the only office with an oversight function is having its budget cut by 15%. That is 15% of $17 million. It may not seem like much, but when we look at what it represents in terms of jobs at NSIRA, it is quite a lot.

We also listened to the workers who are part of the Canadian Telecommunications Workers Alliance, because they have expressed serious concerns regarding Bill C-8, particularly with regard to whistle-blowers. If someone observes misuse, practices that violate the law or improper use of access to information—including sensitive information—and decides to report it, what could happen to them? After hearing their testimony, the Bloc Québécois introduced an amendment aimed at protecting whistle-blowers who wish to report suspected wrongdoing. We are quite proud of that.

We are working with various witnesses. Just because a witness expresses an opinion or presents facts regarding a bill does not mean we have to accept everything they say. However, in the case of telecommunications workers, their explanations allowed us to tweak the bill, right up to the very last minute. The Conservatives, Liberals and the Bloc all agreed to incorporate their proposals.

Unfortunately, the chair rejected my amendment today. We realized that whistle-blowers were protected under part 1, but not under the new law, part 2. We attempted to introduce an amendment, citing the need for consistency. Unfortunately, it was rejected.

However, we are holding out hope for the time when the legislation will be reviewed, since another Bloc Québécois amendment has been tabled. This is such an important piece of legislation. Technology, cyber-attacks and cybersecurity are evolving so quickly, including artificial intelligence. We adopted an amendment requiring a review of the legislation and its benefits, strengths and weaknesses in five years so that it can be adjusted as needed. This Bloc Québécois amendment was adopted unanimously by all members, and we are happy with it. When it comes to the whistle-blowers covered by part 2 of the bill, perhaps we can take another shot at including whistle-blower protection during the next review.

I think that the Standing Committee on Public Safety and National Security did an exceptional and exemplary job in reviewing Bill C-8. I felt like I should pat myself on the back a little, because the Liberals often say that opposition members are obstructing proceedings. Earlier, during his speech on Bill C-8, a member of the committee said that we had done a good job. That is because we wanted to have the best bill possible. Both the Liberals and the Conservatives, just like the Bloc and the NDP, helped improve the bill. That is the beauty of democracy. If the opposition is strong and thorough, ultimately, it is the citizens who benefit, because the bill ends up even better.

In the time I have left, I would like to thank our chair, who masterfully led the committee's work; the vice-chair and member for Kamloops—Thompson—Nicola; as well as the parliamentary secretary and member for La Prairie—Atateken. I also want to thank our clerk, Mr. Cardegna. Our wonderful analysts, Alexsandra and Sabrina, did an exemplary job, as did our legislative adviser, Marie. Finally, I would like to acknowledge our interpreters, who were always present in person to support us.

I also want to thank Maxime Duchesne, the Bloc Québécois researcher. He is an extraordinary researcher. I want to thank my assistant Racim and the people who work for the House leader of the Bloc Québécois. They supported us, studied the amendments with us and helped us decide where we stood on our colleagues' amendments.

I also want to thank the people who work for the Bloc Québécois's chief whip, who help us at all of our meetings. We engaged in a lot of negotiations during the debate on Bill C‑8's clauses. Every staffer for every party whip was there because the goal was to reach an agreement and compromise to make sure Bill C‑8 was the best bill it could be.

This is not something we hear a lot, and it certainly does not make headlines, but this bill is the product of constructive, collaborative work. Bill C‑8 will be good for Quebec because the Bloc Québécois protected Quebec's interests. There is a Canadian law that is going through the legislative process, and it will be even better.

I want to sincerely thank everyone for working so hard to achieve the results we achieved. Contrary to what we hear too often from the Liberal government and its members, it is not true that the opposition filibusters. Just because we disagree and propose amendments does not mean that we are against a bill. With Bill C-8, we proved that when we work together for the public good, we can get things done, and done well.

Bill C-8 will continue to wend its way through the legislative process.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:40 p.m.

Liberal

Arielle Kayabaga Liberal London West, ON

Madam Speaker, I thank my colleague for her speech, and I appreciate her approach to this bill, which seeks to strengthen security and cybersecurity. Earlier, the Leader of the Government in the House of Commons introduced Bill C-25, which will also touch a little on Internet safety for children and families.

We have talked about deepfakes. I would like my colleague to tell me how she sees these two bills, which will allow us work together on putting more security infrastructure in place for Canadians and Quebeckers.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:40 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

Madam Speaker, I thank my colleague for her kind words and her question.

As a mother and grandmother, I welcome any measure that can really rein in attacks on individuals and their integrity in the digital realm.

I wish she had asked me a question about Bill C‑22, which is another bill that was introduced before the break. In my opinion, it will require the same rigorous study and the same amount of time for analysis because it is about legal access to personal information.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:45 p.m.

Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot—Acton, QC

Madam Speaker, I would like to ask my colleague a question, and I thank her for her excellent grasp of the subject. My question may stray from the subject and be more institutional, given that my colleague herself talked about the power of the opposition parties and the constructive work we can do.

I had a similar experience at one of the committees I serve on. We studied Bill C-11 on sexual misconduct in the military, and most of the amendments passed with the joint support of the Conservative Party and the Bloc Québécois. In my view, the point of a parliamentary system is that it is not the government that has the last word, but rather Parliament. However, it was the democratic process that determined there would be more opposition members. It is therefore only natural that the opposition parties' combined positions on a bill should win out.

Does my colleague not find it frustrating when amendments adopted by a majority of members representing the makeup of the House are rejected outright by the Speaker?

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:45 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

Madam Speaker, that is indeed a problem, considering the work and analysis that goes into amendments. These amendments had been thoroughly debated by the Standing Committee on Public Safety and National Security, and though they were deemed inadmissible by the committee chair, we had strong arguments to show that the chair was mistaken. Democracy prevailed, and we overturned the chair's decision. It is regrettable that, despite the debates we had in committee, the Speaker of the House has this additional power to overturn the committee's decision.

I believe these rules should be revisited because it does not make sense that, in the context of a minority government, the Speaker of the House had the final say on Bill C-8 after it was thoroughly debated in committee.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:45 p.m.

Conservative

Dane Lloyd Conservative Parkland, AB

Madam Speaker, it was a true pleasure working with my colleague on the public safety committee. I want to talk about one particular area where we worked together to improve the legislation.

Often, we have seen, when passing new or novel legislation that would give the government new powers, we put in review clauses to ensure that, after a specified period of time, usually five years, we could review the legislation to make sure that it is working as intended. Unfortunately, we have seen many pieces of legislation passed for which these reviews have never taken place.

I am very proud that I was able to work on what was initially brought forward by my colleague to try to strengthen that, to ensure that the government has to complete a review. It cannot just keep kicking the can down the road. I want to know what the member's thoughts are on that particular amendment.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:45 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

Madam Speaker, I want to thank my colleague for being a paragon of collaboration. He is one of my colleagues on the Standing Committee on Public Safety and National Security, and when I tabled my amendment, he came to see me and said that if we added what he just mentioned to the amendment, the government would be subject to more oversight and would have less time to present the analysis and report.

There was a minor flaw in the wording of my amendment, a minor weakness that would have allowed the government to keep discussing the bill beyond five years. My colleague improved it by moving a subamendment. Honestly, I really appreciated his subamendment, which was adopted by all members of the committee, including those on the government side. I just want to say that when we work as a team and our objective is clear, straightforward, precise, positive and constructive, namely, to protect the public and offer security, then amendments and subamendments are welcome. That is what my colleague did.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:50 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I have a question for my colleague from Beauharnois—Salaberry—Soulanges—Huntingdon. I am a member of the House, but I am not a member of a committee.

I want to add a few words to support the position of my colleague and friend from the Bloc Québécois, because it is not just the majority of the committee members who accepted the amendments. There are also two other parties in the House whose members cannot vote in committee. The NDP member for Vancouver East and myself, from the Green Party, also agree with the changes that were made by the committee following clause-by-clause consideration but that were ruled out of order by the Speaker of the House. I simply want to add that I think the majority, plus two other members, agree that the bill should be improved.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:50 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

Madam Speaker, I understand my colleague's frustration because, at the end of the day, she has just as much right to be here in the House as I do. Her voice carries just as much weight as mine and those of all our colleagues in the House. However, it is true that the rules in committee are such that unrecognized parties are not represented around the table during committee deliberations. My colleague was able to introduce her amendments but was not able to debate or vote on them. I understand her frustration. There are many rules in the House that need to be reviewed and many things that need to be modernized. The point is that we need to take the time to do so. Here in the House of Commons, amending the rules has not exactly been commonplace since I was first elected. I understand her frustration and I empathize with her concerns, but this is a broad debate that we could perhaps have a little later, in the context of other bills.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:50 p.m.

Bloc

Alexis Deschênes Bloc Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC

Madam Speaker, I thank my colleague very much for her speech and for walking us through the legislative process. I have a question for her. Can she inform the House about the balance that we struck between the imperative need to protect our facilities from cyber-attacks and the need to avoid compromising people's privacy, particularly when Internet service providers are allowed to do certain things?

How does Bill C‑8 strike a balance between these two important principles?

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:50 p.m.

Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry—Soulanges—Huntingdon, QC

Madam Speaker, I thank my colleague, who always asks very relevant questions. Indeed, that is what motivated us throughout our work in committee. In other words, when we analyzed Bill C‑8, we wondered how we could both ensure security and protect privacy and personal information.

I think we achieved that. It is not perfect, but I think we achieved that by incorporating the amendments proposed by the Privacy Commissioner and by adding the analysis criteria, namely necessity, proportionality and reasonableness. That gives us some assurance. Before anyone gets access, they have to be screened. Those criteria have to be recorded, observed and documented before someone can get access or issue orders.

We think that the requirement to go through this screening offers some security around the whole issue of confidentiality and privacy.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

3:50 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, it is an honour for me to speak to Bill C-8 this afternoon.

I have a few comments regarding the substance of the bill, but in light of the previous speeches, I think I can clarify the situation regarding unrecognized parties, although it is a bit complicated.

The reality of it is that we do not have to change our rules, but I share with my other colleagues that we have the right, as members of Parliament in parties with fewer than 12 MPs, under our standing rules and procedures of Parliament to stand in this place at report stage and present and debate substantive amendments. That is as a right, not as a favour on unanimous consent. That right we have at report stage is one that exists in our rules.

Why it does not happen goes back to a long story, and I do not want to lose my time to discuss Bill C-8 by explaining this. Back when Stephen Harper was the prime minister, the governing party objected to my efforts to try to protect environmental legislation in an omnibus budget bill in the spring of 2012. I presented amendments on the floor of the House at report stage. Long story short, the Prime Minister's Office of the day decided it was too much trouble to change the rules to deprive members of Parliament in a situation such as my own, which is now a situation the NDP finds itself in. Not long ago in the past, the Bloc Québécois was in the same situation.

Rather than change the rules, they came up with a simple expedient: Tell every committee to pass an identical motion to say members of Parliament serving in a party of fewer than 12 MPs or as independents would be given a short timeline of 24 hours' notice to present amendments at committee which are deemed to have been tabled. This was because, as non-committee members, we do not have the right to argue for our amendments, except during a one-minute period. We also do not have the right to withdraw our amendments, but the deemed presentation of our amendments occurs.

I have spent days in committees at clause-by-clause, waiting hours for the one chance I have to present one amendment and argue for it for a minute.

This is all to say that this process, in the case of Bill C-8, gave me a front-row seat to really good, strong attempts by Conservative members of Parliament, by the Bloc Québécois, by one NDP member in the same situation I am in and by a number of Green Party amendments that were put forward to try to improve the act. It is worth noting at this point that it represents four of the five parties that serve in this Parliament, working together to try to improve the legislation, with the governing party members opposing.

Even though we got through committee a number of strong amendments, at the end of the day, here in this chamber, an ex post facto change was made to the rulings that the majority of the committee members who had a vote, and, if we had had a vote, the other members of Parliament who were sitting at the table and presenting amendments, would have concurred in.

It is a strange road that leads me to every single committee on almost every piece of legislation when it gets to clause-by-clause to try to improve the legislation. As a right, I should not have to run from committee to committee. I should be able to make my amendments at report stage in one room, rather than sometimes simultaneously running from committee to committee.

I raise this because members of committee now routinely pass a motion sent down to them from on high. They do not question it or realize that what they are doing is reducing my rights as a member of Parliament. I have more rights if they do not pass that motion in committee, but it is now a mindless procedure. They never call me beforehand to ask how it would affect my rights or if they should pass it or not.

Unfortunately, this is the situation facing members of parties with fewer than 12 seats. We are only allowed to present amendments at report stage, here in the House.

The House is now considering Bill C-8 at third reading. Bill C-8, which we are debating in the House this afternoon, is virtually identical to Bill C-26, but it includes certain improvements that were made to that bill, which could not be passed because the House was prorogued.

We know that Bill C-26 was the first attempt to have a cybersecurity framework for this country to protect Canadians and be prepared for the numerous ways in which we need a proper framework for cybersecurity. Bill C-8 is an improvement over Bill C-26. There is more transparency. Improvements have been made, and there is more clarity around the question of what is essential infrastructure for Canadians in this area.

Bill C-8 is an omnibus bill that would create an entirely new act, the critical cyber-systems protection act, and amend many other acts. As much as we can stand here and say it is an improvement, it is also an improvement because at least some of the amendments that were made in clause-by-clause in committee, amendments primarily from the Conservative Party members of committee, improved the legislation and did more to protect privacy for Canadians. However, still, despite some improvements that we welcome, I will be voting against Bill C-8 because there are still too many loopholes and too many flaws.

I am quite certain of the bill's passage, and we do need legislation in this area, but not this. We are not ready yet. I very much hope that the Senate of Canada, in exercising sober second thought, will look at the debates here today and consider the briefs that were presented to the public safety committee from the Canadian Civil Liberties Union; the Citizen Lab, which is part of the Munk School of Global Affairs and Public Policy; OpenMedia; and a number of other concerned technical expert groups that, while looking at cybersecurity, think that this bill still has flaws that would create constitutional weaknesses and fail to properly protect encryption and the security of private information.

The concerns fall into a couple of broad categories. Again, when the Senate of Canada looks at this, I would ask it to please consider if the legislation is good enough to pass the tests. Cybersecurity is an interesting area, where Canada, in passing legislation, has an eye on what the U.K. threshold tests looks like for protection of personal information before our products can be used within the U.K. Certainly a number of experts have looked at this and think that Bill C-8 does not get us across the threshold for what privacy protections are required in other countries.

In general, despite improvements in transparency, the reality is that this law, Bill C-8, like other laws passed recently, would give individual ministers too much power. We do not have the requirement for warrants. There is not enough judicial oversight. We still have a situation where many of these orders can be made without the public knowing. The notion is that the minister alone would decide whether they can order a telecommunications company to pull access to their system or an individual Canadian, who will not necessarily know this is happening and not have an opportunity to speak to it.

The ongoing question is not only that this bill has loopholes, but it weakens existing protections that exist under other laws. Those points have been made well. I was going to particularly point to the brief of OpenMedia on Bill C-8, which points out, “A bad loophole you pass in this legislation does not just weaken the law; it will prove far more important than the law's intended purpose.” There are serious loopholes that must be fixed, and they have not been fixed. I certainly hope that the Senate will look at the Bloc Québécois amendment, which would make sure there is mandatory review of how this law is working within a confined and defined period of time.

In conclusion, it is clear that this bill is imperfect. No member of Parliament believes that the bill has been improved enough to make it perfect now.

We cannot let the perfect be the enemy of the good. Let us hope that the Senate fixes the flaws, that the bill comes back to us and that the government accepts those fixes.

Bill C-8 An Act Respecting Cyber SecurityGovernment Orders

4 p.m.

The Assistant Deputy Speaker (Alexandra Mendès) Alexandra Mendes

Is the House ready for the question?