Mr. John Bryden (Ancaster—Dundas—Flamborough—Aldershot, Ind.)
moved that Bill C-462, an act to amend the Access to Information Act and to make amendments to other acts, be read the second time and referred to a committee.
Mr. Speaker,I rise this evening to speak to Bill C-462, an act to amend the Access to Information Act.
This legislation has a very long history. In fact, exactly 10 years ago, plus 15 days, I sent a letter to the then justice minister in which I proposed to him that the government undertake to re-examine the Access to Information Act with the eye in mind of making certain substantial reforms.
By that time, it had been evident to anyone who used the Access to Information Act or had any encounter with it whatsoever that the act which was by then 10 years old had many flaws. It was good legislation for its day, but needed to be repaired.
The justice minister of the day replied, and I can actually read his letter to the House. He said:
I recognize the need to consider reform in this key area...It will likely be autumn before we can do so, and I will speak to you again about it as we prepare a strategic approach.
That was 10 years ago.
What time lost, what opportunity lost. We now have a government that is engaged in a situation, and some would call it a scandal, involving the sponsorship of various organizations using government funds. That scandal, as revealed by the Auditor General, has involved crown corporations. This very day we are to understand that the government is prepared to discipline members of some of the crown corporations mentioned in the Auditor General's report.
Had the government moved on access to information reform 10 years ago and done what was so obvious to everyone, and that was to include all crown agencies under the Access to Information Act, it would have been impossible for this situation to have occurred, where it is perceived that officials of crown corporations have acted improperly in the handling of certain financial files. Transparency is always the answer and always has been the answer.
I suggest that had the government moved 10 years ago, this problem would never have emerged. I would suggest that the government with this bill, which includes all crown agencies under the Access to Information Act, should move with this legislation forthwith.
Let me give members a sense of what is the problem. Right now, under the current Access to Information Act, out of 246 crown agencies and corporations, only 49 are covered by the Access to Information Act. Only 49 crown agencies are required to keep a regime of transparency, such that the ordinary Canadian citizen at any time can look at the operational documents to ensure and satisfy themselves that a particular government agency is conducting itself with prudence and probity.
Why not have all agencies under the Access to Information Act? Why have, for example, the Atlantic Pilotage Authority under the Access to Information Act or the Bank of Canada and not Canada Post and VIA Rail?
So it is, with literally hundreds and hundreds of crown agencies and corporations and other bodies that are not under the Access to Information Act. The Canadian public knows there is no justifiable reason for not bringing them under the Access to Information. I proposed that 10 years ago and I repeated that proposal in legislation and private member's motions before the House, and still it has been rejected.
Bill C-462 that is now before the House does much more than simply address the question of whether crown corporations and other government agencies should be under the Access the Information Act. It does something that is really elementary. As its first amendment, it changes the name of the Access to Information Act to the open government act. The idea is very simple.
The legislation states:
The purpose of this Act is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution because it is the Government of Canada’s obligation to release information that will assist Canadians in assessing the Government’s management of the country and in monitoring the Government’s compliance with the Canadian Charter of Rights and Freedoms.
If the government is committed to open government, then it should be prepared to pass legislation that makes it the fundamental mandate of the government to be open and transparent.
There are other amendments that are very important to reforming the Access to Information Act. It addresses a problem that caused a scandal in the past involving the government. It brings ministers and their exempt political staff under the Access to Information Act. That amendment was put in this legislation by myself to answer the problem that occurred a couple of years ago pertaining to the expense accounts of ministers and their political staffs.
This legislation would bring the access to information and privacy commissioners under the Access to Information Act which, as the House knows, is one of the reasons why we had the Radwanski scandal. Mr. Radwanski was able to submit expense accounts that he signed himself. By bringing the Office of the Privacy Commissioner under the act, the likes of Mr. Radwanski would no longer be able to do such a thing.
There are other very important amendments that I would have thought the government would be quick to support. One of them is to bring cabinet confidences under the act. Presently, the deliberations in cabinet are excluded from the act. That means that it is possible to never know what occurred in cabinet. There is a 20 year rule in which some things are disclosed, but there is nothing in legislation that ensures that the cabinet confidences are covered by the Access to Information Act because right now they are outside the act entirely.
There are other amendments that extend secrecy to areas in which we need secrecy. Two of those vital areas deal with protecting information pertaining to ecological and archaeological sites. The reason for that is to prevent individuals from discovering that the government has access to plans and reports involving archaeological sites that could have treasures in them that could be sold on the open marketplace, or ecological sites where property owners might wish to destroy the animals in order to ensure that they can sell the land as they see fit. Those instances would be protected under the legislation.
Also, and very pertinent to this day and age, post September 11, is the provision to protect information pertaining to critical infrastructure. We must do that because right now we have no means in law to ensure that terrorists cannot get pertinent information about facilities that could become the target of an attack.
Ultimately, the issue today is the whole question of the transparency of crown corporations. The bill has gone through many vicissitudes. It was a private member's bill in 1999 and the government voted it down. Then a task force on access to information reform was struck in the year 2000. It was a task force that was sponsored by the justice department and Treasury Board. That task force reported and many of the amendments in my bill reflect the amendments proposed by that task force.
The legislation itself is very sophisticated, I like to say, because both former and present access to information and privacy commissioners were involved in making recommendations to it.
Finally, it is certainly true that there is resistance to this type of legislation. It is quasi-constitutional. It always gives a sense of unease to those organizations that have operated for a very long time without transparency and are reluctant to come under a new regime in which they have to be conscious that the public is looking in constantly on what they do.
I talked to a number of crown corporations and various individuals. You will recall, Mr. Speaker, that I set up a committee of backbench MPs, an ad hoc committee, to review the Treasury Board's task force on access to information reform. It was a committee that did not have standing, but we met and we invited witnesses. One of those persons I sent a letter to, asking them to appear before the committee and react to the proposals to bring crown corporations under the Access to Information Act, was none other than the president and chief executive officer of Canada Post.
He replied to my letter saying:
Dear Mr. Bryden:
I am writing in reply to your letter of March 21, 2002, regarding your request that an official of Canada Post appear before your Committee studying the Access to Information Act.
I am pleased to accept your offer to appear before your Committee. I have reviewed my schedule, and I would be available sometime near the end of May and the beginning of June.
Thank you for writing, and I look forward to meeting with you shortly.
What happened in fact was that the message went out from government ordering that bureaucrats and officials not appear before my committee because my committee was not a committee of standing. I think there was some fear that it would set an unwanted precedent if officials testified before a committee that was composed of backbench MPs trying to get to the truth of an issue. So Mr. Ouellet never appeared before our ad hoc committee on access to information reform.
It is a pity because had the government got behind the initiative that was its own initiative with its review of the Access to Information Act that reported in 2002, we would have this reform, this transparency, and this accountability in government operations that the public cries out for and the government talks about.
I wish to point out that in the wake of the sponsorship scandal, the government is proposing to again review the Access to Information Act, again using Treasury Board, and again with the prospect in mind that crown corporations should come under the Access to Information Act.
I suggest that no new review needs to be done. It is established. I think the consensus out there among professionals and the ordinary citizen, among MPs, is overwhelming. All crown agencies and organizations that spend a substantial amount of taxpayer money should come under the Access to Information Act.
I would dearly hope that this piece of legislation, which has been worked on by so many backbench MPs, would get the support not only of the opposition side of the House, which I know it has, not only of the government backbench, which I know it has, but also of the government itself.
Topic: Private Members' Business
Subtopic: Open Government Act