Stockwell Day

[Questions on the Order Paper, January 31st, 2011]

Mr. Speaker, the Treasury Board Secretariat, TBS, could not provide all of the information requested within the timeframe allotted to respond to this question. Where possible, TBS has provided the information that it could reasonably retrieve and provide.

With regard to (a), TBS produces an annual report to parliament, ARTP, on crown corporations and other corporate interests of Canada. Most of the Government of Canada’s corporate interests in commercial and not-for-profit corporations are held through crown corporations, not directly by the Government of Canada.

The president’s “Annual Report to Parliament on Crown Corporations and Other Corporate Interests of Canada 2010” is available online at http://www.tbs-sct.gc.ca/reports-rapports/cc-se/2010/cc-se06-eng.asp. The most recent ARTP was tabled in Parliament on December 8, 2010, and is current as at July 31, 2010. Given the scope and complexity of the government’s corporate interests, it would likely take several months to update this report comprehensively up to December 14, 2010.

A detailed listing of crown corporations’ corporate holdings and their share ownerships are listed in section 2.4 of the ARTP, found at http://www.tbs-sct.gc.ca/reports-rapports/cc-se/2010/cc-se06-eng.asp. Additional information on corporate holdings may be available on individual crown corporation websites.

TBS reports on the percentage of Government of Canada ownership within a range; that is, government ownership of 100%, 50% to 99% and less than 50%). It does not compile information or report on the number of shares owned.

The information in the ARTP concerning subsidiaries/associates may not contain all of the indirectly held corporate holdings or all those held at less than 100%. For certain corporations, details on their specific holdings and investments may be considered commercially sensitive information, which cannot be made public. Consequently, TBS does not compile or report on this information. For example, among those organizations in which the Government of Canada has an interest, the Canada pension plan investment board and the public sector pension investment board are the primary holders of shares in private companies and do not disclose what they own due to commercial sensitivities.

With regard to (b), please refer to the response for part (a).

With regard to (c), the ARTP does not indicate when ownership positions were taken, unless the position was new or changed within the reporting year.

Additional information on corporate holdings may be available on individual Crown corporation websites, including recently approved annual reports and corporate plan summaries.

With regard to (d), crown corporations can have a role in appointing directors to companies in which they have an interest. TBS does not have information on which crown corporations have exercised such a role and with which independent companies this role was exercised. This may be available through individual crown corporation websites.

With regard to (e), please refer to the response for part (d).

With regard to (f), please refer to the response for part (a).

With regard to (g), please refer to the response for part (a).

With regard to (h) (i) and (j), TBS does not have information about the other owners of these companies. Additional information on corporate holdings may be available on individual crown corporation websites, including recently approved annual reports and corporate plan summaries.

With regard to (k), crown corporations can have a role in appointing directors to companies in which they have an interest. TBS does not have information on which crown corporations have exercised such a role and with which independent companies this role was exercised.

[Democratic Representation Act, December 16th, 2010]

Madam Speaker, there are a number of pressures today that erode confidence in democratic systems generally, and certainly in Canada, though we have a great democratic system, there are those pressures. One of the founding fathers of the democratic movement 250 years said that his greatest concern was that democracy would one day collapse under the weight of its constituents' demands, so that is certainly something that we have to keep in mind.

However, one of the greatest demands of constituents is a sense of equality in their voting power and in their voting privilege. No government and no prime minister have done more to recognize Quebec as a people and a nation than this government and this Prime Minister have, but the fact remains that as parts of the country continue to grow in population significantly there is under-representation. British Columbia is one of those, and the weight of voters in B.C. has been diminished.

There are other constitutional items, as the member for Edmonton—St. Albert has already outlined, that reach out and try to address some of these issues in provinces that are losing population. I wonder if the member could tell me, in regard to the calls he has had, if he has had an opportunity to reflect on whether there are some means that we should be using to communicate to Canadians in parts of the country where the population is diminishing that what they are witnessing is the ongoing evolution of demographic shifts here, not a diminishing of anybody's constitutional right to vote. Should there be some measures that we take to reach out and to point out the other constitutional provisions in areas of the country where the vote by numbers is diminishing somewhat?

[Ethics, December 15th, 2010]

Mr. Speaker, it was this government that brought in the Federal Accountability Act, in fact to deal with a Liberal scandal. It was this government that brought in the Lobbying Act. It was this government that brought in the provisions to require lobbyists to report. It is this government that has taken this initiative. We will continue to do that.

We remind people that it was done in the light of the Liberal leadership scandal. I echo the question from my friend from Medicine Hat. Where is that $40 million that disappeared?

[Office of the Integrity Commissioner, December 14th, 2010]

Mr. Speaker, regardless of the decibel level of my friend's frothing, he cannot escape the fact that this particular appointment, by legislation, went to the all party government operations committee which unanimously approved it. It then went to the House for approval and then to the Senate for approval. That appointment was approved unanimously across the board. The former commissioner also brings her reports to that committee. If I or any minister had tried to interfere in that process, the member would be frothing again on that one today. He should deal with the truth on this.

[Office of the Integrity Commissioner, December 14th, 2010]

Mr. Speaker, that is absolutely not the case. I announced today that the interim commissioner will examine the old cases that were rejected by the former integrity commissioner. He will ensure that these cases are followed up. Public servants and government workers can have faith in the commissioner. I also hope that the committee will make recommendations to the commissioner.

[Royal Canadian Mounted Police Modernization Act, December 13th, 2010]

Mr. Speaker, the numbers change from month to month but we could use a rough number of about 24,000 people who would be called RCMP members, depending on the fluctuation in hiring that takes place. For instance, over the last almost three years we have put in place the funding to hire 1,500 more RCMP officers all across the country. Whenever that happens there are a certain number of civilian members that have to back up those particular jobs. Overall there are about 24,000 and somewhere between 3,000 and 4,000 would be classified as civilian members.

When a court rules, there is no consultation per se and the court makes a ruling. All parties affected look at it. The principal focus of the ruling is to have a provision in place pending our appeal. If the ruling stands, there would be no effective representation or a staked out framework for representation for any members, be they uniform members or civilian members. That is the principal focus.

As a member of Parliament, I have certainly met with civilian members and have heard some of their concerns. I am sure other MPs have done that also. We want to make sure this is in place and that members, as my friend has mentioned, should go through their own associations to get in their views. This is generally seen as very favourable to all members in terms of protecting them and giving them a greater say in their own affairs.

This is not seen in any way to be limiting any of their freedoms, rights or responsibilities. Certainly at the committee stage we would welcome hearing from members of Parliament who may have heard from some civilian members who may think that is not the case. I would be interested in hearing that. We would want to address it.

[Royal Canadian Mounted Police Modernization Act, December 13th, 2010]

Mr. Speaker, right now in the public service, deputy ministers have certain levels of legislative ability to deal with situations either on the side of grievances or disciplinary issues, and with that increased capability comes increased responsibility.

The commissioner himself does not have some of that leeway. We believe that the commissioner should be fully responsible, just as a deputy minister has responsibility, although it is not a direct 100% comparison, over employees, the implementation of the various policies that affect employees, and how to move expeditiously if some of those processes are not being followed. There is a limitation right now. Just as employees themselves and RCMP members in disciplinary and grievance processes need a little more leeway and need to be able to access more broadly the types of assistance that somebody under a grievance process would have, there has to be a balanced right and responsibility at the level of commissioner. Those are laid out in the bill itself.

These are seen as natural, evolutionary steps in the modernization of a labour management regime. It moves the commissioner into the position of having an equality of capability that would be found at similar levels in other large organizations throughout the public service.

[Royal Canadian Mounted Police Modernization Act, December 13th, 2010]

Mr. Speaker, as I indicated, the purpose of this modernization is to reflect a court ruling, at this point the Ontario Superior Court. The Supreme Court will have something to say on this in the ancillary case, the Fraser case, but it is to do with the labour management regime and the process by which members are represented.

That is why the primary focus of this is to have in place the legislation that would make sure that representation for members continues, depending on how this ruling goes. That is why civilian members who in many cases do have very specific training and expertise, which my colleague mentioned, are called on in ways in which perhaps somebody under a public sector union may not be called upon. We want to make sure that they also will have full representation and consultation.

We see this clearly as a collaborative process. It is not meant in any way, shape or form to exclude or limit anybody's ability right now to have their concerns known. In fact, I would say for the member opposite, it can be stated that what we are putting in place actually will improve their situation, because the types of members he is referring to fall under certain grievance and disciplinary procedures which have been seen as somewhat limiting for an employee. This would give them a little more comfort and breadth in terms of having grievances addressed.

[Royal Canadian Mounted Police Modernization Act, December 13th, 2010]

Mr. Speaker, my hon. friend recognizes what some Canadians may not and that is the public's perception of an RCMP detachment. People who work there are uniformed members of the RCMP. Also, throughout the force there are what we call civilian members who are not members of the RCMP. For example, there are people who work in laboratories, people who do administrative work, and people who do the dispatching. In any variety of these job classifications individuals may find themselves as public servants or civilian members.

They are being consulted. We want input from them. We do not see a change at this point. This legislation would not affect people within the public sector union who are working with and for the RCMP right now. We want to hear from those individuals who are regarded as civilian members to hear how they would be affected. I have talked with uniformed members of the RCMP and civilian members. There is a variety of views on different issues.

I can assure my colleague opposite that we want to know their views and we want to make sure they are represented.

[Royal Canadian Mounted Police Modernization Act, December 13th, 2010]

moved that Bill C-43, An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to address the bill before us today. As background, I think I join all members of Parliament in saying how much we appreciate the men and women of the RCMP who have for generations, and continue to, served Canadians from coast to coast. They have done that with professionalism, with courage, with commitment and with dedication. From the most remote areas of our country to highly urbanized settings, the RCMP has been there for us and continues to be. Citizens recognize and appreciate that from coast to coast.

I especially learned more about the RCMP and its workings in a previous portfolio, public safety. During that time, my appreciation for the RCMP and the work which it did only grew. In fact, I had a great opportunity to see how the RCMP was recognized, not just nationally but internationally, as a policing force and as a police organization that had demonstrated time and time again that it had the professionalism, the dedication and the commitment to do the job that Canadians had come to know and respect and to appreciate.

No organization is beyond having an inward look. No organization performs perfectly 100% all the time. That is certainly true of this chamber in which we now stand and even of the occasional political party. It has been known that 100% perfection is not always achieved.

It was an honour for me, as one of a number of highlights with the RCMP and my involvement with it, to preside over the first ever appointment of a female commissioner of the RCMP, particularly in a difficult time. She did an admiral job and had the resounding support of members throughout the organization. I was also able to preside over the appointment of the first ever non-RCMP officer to the appointment of commissioner. Therefore, the RCMP has shown that it is, in many ways, a modern organization facing the challenges of international crime, national crime, modernization on a technological basis and in virtually every other level.

A year ago, April 6, a court ruling in the Ontario Superior Court looked at the labour management regime of the RCMP. Presently the labour management regime has a staff relations representative program, one that was contested in court in terms of its constitutionality as recently as 1999. In fact, the constitutionality of the labour relations setup in the RCMP withstood that constitutional challenge.

The RCMP, as we would all know here, is the only police force in Canada that is not unionized. It was more or less on that basis that a challenge was taken to the Ontario court, which came to a conclusion that it was not constitutional for RCMP members to be represented in this present manner because it had not yet fully allowed them the choice of having a collective bargaining process that would be recognized as a union-based process. Therefore, the court said that the present regime was not constitutional.

Now people may debate that back and forth. Even within this chamber there may be different views on that, but that was the ruling of the court. The court wisely put an 18 month stay on its decision because it said that if we declared April 6, 2009 to be the day that the present staff relations representative program was null and void, there would be the possibility for a high degree of chaos within the organization.

Individual groups could spring up all around the country. We could even have the possibility of an organization represented by a number of unions or a number of different organizations. Therefore, the Ontario court said that it would stay this for 18 months, until something was in place that would meet the demand of the court.

The government appealed that, for a number of reasons. One of the main reasons was there was another case at the Supreme Court of Canada, the Fraser case. The outcome would have some direct bearing on this one. Therefore, the Government of Canada appealed the Ontario ruling and asked for that to be taken into consideration.

The courts ruled favourably on the federal government's appeal on that. The present situation is this will be addressed 30 days after the result of the ruling on the Fraser case by the Supreme Court of Canada. We will have to wait to see when that happens. We do not have a date for that as it is at the pleasure of the Supreme Court.

However, there has to be an immediate vehicle in place, should the rulings go in such a way that the Ontario ruling is upheld and the present labour relations regime is upheld as being unconstitutional, to allow RCMP members to decide what type of labour management regime will work best for them.

I want to make it clear. The modernization act before us is not an act which would force or require unionization of the RCMP. It is an act that would meet the demand of the court and say that certain provisions would have to be followed, certain constitutional guarantees of representation by members would be put in place, but it would leave that choice to RCMP members. That is the nub of the issue.

The act looks at modernizing a number of other areas also. The entire grievance and disciplinary process in the RCMP needs to be addressed. Right now, the way it is set up, members do not have available to them certain elements of appeal within a grievance process that other members of similar organizations have. This would put in place in the Public Service Labour Relations Board certain abilities for the board to appoint adjudicators. It would allow for disputes or grievances to be addressed early on where members could be face to face with others in the grievance process to look at a possible early resolution of a grievance matter.

Right now, members who face a disciplinary process may have to wait months, in fact, even longer than that, sometimes years, before the resolution of a particular grievance. That is not a fair process to have members going through, having a decision or a cloud hanging over not just their head but possibly their careers for an interminable amount of time. This would speed that process up and would allow for some early intervention and possible early resolution.

There are a number of grievance and disciplinary-related areas in the particular modernization that would to assist the public and assist RCMP members.

Also some changes would be foreseen on the part of the commissioner, whomever the commissioner of the day might be. Presently deputy heads of organizations within government have available to them the levers and the mechanisms to take disciplinary action and also to allow for rewards. That is fairly limited in the present legal situation related to the commissioner. Therefore, there would be some provisions that would allow the commissioner to act with the responsibility that would be commensurate with that position.

The staff relations representatives, certainly the ones I have known and have worked with previously as minister, and I am sure members in the House work with on a local basis, have served with sincerity and with commitment, always looking to the best interest of their members.

This particular legislation is not a reflection on the way they have performed the tasks which the members have asked them to perform. As I said earlier, it is a reflection on the court ruling which is demanding a change. The decision will ultimately rest in the hands of the members themselves, and that is the way it should be.

Adjustments will be made to the past process of pay and having a pay council making recommendations. There will be an external advisory capacity. A number of areas will be directly affected, which are in place, should members here agree. I believe there is some support for having this legislation in place pending a final ruling so that whatever happens the members of the RCMP, the men and women who have committed their lives to keeping us safe, to serving us as admirably as they do, will have the assurance that a mechanism will be in place that will not leave their concerns unattended whichever way the final ruling in court goes.

That is what we have before us today. I would invite careful analysis of this particular modernization act. I hope that we will find support for it. This is being done in a non-partisan way because the interests and the safety and security of our communities, our families, our businesses are paramount at this point in time. I believe members on all sides will see it this way and that is what I anticipate as the bill moves forward.