39th PARLIAMENT, 1st SESSION

EDITED HANSARD • NUMBER 045

CONTENTS

Mr. Pierre Lemieux (Glengarry-Prescott-Russell, CPC):  

Mr. Speaker, I wish to thank my colleague for splitting his time with me.

I would like to speak to the House about Bill C-2, the federal accountability act. I am very pleased to show my support for this piece of legislation. Accountability is a fundamental principle of our democratic system and this bill will dramatically change how the government conducts itself.

We are honouring our commitments, clearly stated in our election campaign and in the throne speech, to ensure a sound and honest government. It is time to restore Canadians' trust in their government.

The need to restore this trust is an important element in the provisions of the bill. These provisions, which I will address in my speech here today, will strengthen the role of the Ethics Commissioner.

I would first like to thank the Prime Minister for making this matter a real priority. Our government does more than just talk about its priorities; it pursues them relentlessly and spares no effort in getting the work done. As you know, many hours were devoted to this bill in committee.

I would also like to congratulate the President of the Treasury Board for the results of this important work, bringing the Prime Minister's vision to fruition.

In the time allotted to me today, I cannot possibly address all of the worthy reforms and initiatives in the bill. I know that many of my hon. colleagues have spoken to, or will speak to these issues. The focus of my remarks is on the bill's proposal to create a new conflict of interest act, an act that would create a stronger conflict of interest and ethics regime to be administered by a conflict of interest and ethics commissioner.

As hon. members know, we made seven clear commitments on how to strengthen the role of the Ethics Commissioner. I will just reiterate them quickly.

We must give the Ethics Commissioner the power to fine violators. We must prevent the Ethics Commissioner from being overruled by the Prime Minister on whether violations have occurred. We must enshrine the Conflict of Interest Code into law. We must close the loopholes that allow ministers to vote on matters connected with their business interests. We must end venetian blind trusts. We must allow the public, not just politicians to make complaints to the commissioner, and we must make part time or non-remunerated ministerial advisors subject to the ethics regime.

Bill C-2 clearly shows that we have honoured every one of these seven commitments. The new conflict of interest and ethics regime will guarantee that elected representatives and public office holders carry out their official duties and manage their personal affairs so as to avoid conflict of interest. Here is how we have honoured our commitments to Canadians.

First, we have given the Conflict of Interest and Ethics Commissioner the power to impose monetary penalties on people who violate the act. Sections 52 to 62 of the proposed Conflict of Interest Act set out a detailed regime of penalties that the commissioner can impose on public office holders who violate the provisions of the act. The maximum penalty is $500, and the commissioner is to determine the exact amount based on criteria set out in the act. These penalties may be recovered in the Federal Court, and they must be made public, which is not the case in many other similar regimes.

Second, the act clearly says that the commissioner's decisions as to whether or not the act was contravened may not be overturned. Section 47 clearly states that no one may alter the commissioner's report. When the commissioner imposes a penalty, it may not be appealed in court and the prime minister may not overturn the commissioner's decision.

Third, the act enshrines into law the substantive and administrative regime found in the current Conflict of Interest and Post-employment Code for public office holders. The act refocuses the regime as a true conflict of interest regime similar to the approach used in most provinces.

The conflict of interest and ethics commissioner would also be mandated to provide advice and support the Prime Minister on ethical matters beyond conflict of interest.

Fourth, the proposed act was designed to clarify the obligation that ministers not vote on matters connected with their business interests. Section 21 requires all public office holders to recuse themselves from any decision, debate or vote in respect of which they would be in a conflict of interest.

Section 30 gives the commissioner a broad power to determine any measures that might be required to ensure that the public office holder is in compliance with these and other requirements of the act.

Subsection 6(2) of the act expressly prohibits a minister or a parliamentary secretary from debating or voting in the House of Commons on questions that would place them in a conflict of interest. This provision is an essential element of the conflict of interest regime and is based on a similar provision found in the code for members of the House of Commons.

We are pleased that this provision has been reinstated after it was deleted in committee by an opposition motion. This restores the integrity of the conflict of interest regime.

Section 27 of the new act, which honours the fifth of our commitments regarding the ethics regime, expressly prohibits the use of blind management agreements, sometimes called “Venetian blind trusts”. Consequently, as this section states, the only way to divest controlled assets is to sell them in an arm's-length transaction or place them in a true blind trust that meets the requirements set out in the bill.

As for the sixth commitment, the new law provides for a means whereby the commissioner may receive complaints from members of the public. Subclause 44(4) states that the commissioner may consider information from the public that is brought to his or her attention by any parliamentarian. In addition, the law now permits MPs and senators to file complaints against any of the 3,600 public office holders, and not just the ministers and parliamentary secretaries as is the case under the existing Parliament of Canada Act. In addition to these changes, clause 45 of the bill gives the commissioner the explicit authority to examine a matter on his or her own initiative, an authority currently not in place. These changes considerably improve the ability of the commissioner to act on credible information and to ensure that public office holders comply with conflict of interest provisions set out in the law.

Finally, the seventh ethics regime commitment has been fulfilled by expanding the definition of public office holders covered by the regime to include ministerial advisors.

Ministerial advisors are those who occupy a position in the office of a minister or a minister of state and who provide policy, program or financial advice, whether or not the advice is provided on a full time or part time basis, and regardless whether the person is remunerated or not.

As part of the action plan, the government has also committed to increase public transparency about the numerous ministerial appointments to advisory bodies who may be unpaid and working part time, and who are not public office holders for the purposes of the act.

I could continue to speak about the considerable and very important changes that we presented in order to strengthen the conflicts of interest and ethics regime. These changes have produced a regime that is autonomous, better focused and more transparent, somewhat like our government.

I am honoured to speak to these points at the third reading of Bill C-2. On their own, these reforms warrant our support for this bill. However, I would like to remind the hon. members that they form part of a number of much more significant measures designed to restore confidence in the government. The other components of the federal accountability bill also deserve our support and I ask my honourable colleagues to carry out their responsibilities and support this bill that will make government more accountable to the Canadians who elected all members to serve them.