:
I call this meeting to order.
Good morning, everyone.
[English]
This meeting is now in public.
[Translation]
Welcome to meeting number 28 of the House of Commons Standing Committee on Public Accounts.
[English]
Today's meeting is taking place in a hybrid format, pursuant to the Standing Orders. Members are attending in person in the room, and possibly remotely, using the Zoom application.
[Translation]
Pursuant to Standing Order 108(3)(g), the committee commenced consideration of the 2026 spring reports of the Auditor General of Canada, referred to the committee on Monday, March 23, 2026.
[English]
I would like to welcome our witnesses from the Office of the Auditor General for our first hour.
Karen Hogan, Auditor General of Canada, thank you for coming in today and being ready to answer questions on the report, with Andrew Hayes, deputy auditor general; Nathalie Chartrand, principal; Sami Hannoush, principal; Jean Goulet, principal; Normand Lanthier, principal; and Gabriel Lombardi, principal.
Bonjour. It's nice to see all of you.
Ms. Hogan, you have the floor for up to five minutes, but if you decide that your introduction needs to be longer, you have the time. Or if it's short, that works as well. We have a lot of questions for you.
The floor is yours.
Good morning.
Thank you for the opportunity to speak to the committee today.
[English]
I would like to acknowledge that we are on the traditional unceded territory of the Algonquin Anishinabe people.
I am here today to discuss the findings of three audits that were tabled this morning in Parliament. These audits examine how well government organizations are managing important federal initiatives: the replacement of the government's pay system, reforms to the international student program and the RCMP's efforts to recruit police officers.
In addition, as is our usual practice, we have also provided Parliament with copies of our special examinations of the Atlantic Pilotage Authority and Via Rail, which were made public since our last tabling.
I will begin with our audit of the federal government's project to modernize its pay system.
[Translation]
We found that the Treasury Board Secretariat and Public Services and Procurement Canada managed the pay system modernization project in such a way as to ensure that federal public servants received accurate and timely pay.
The audit identified certain risks. Since the project is in its early stages, the secretariat and the department have the opportunity to take action to avoid them. However, I'm concerned about three components.
First, the progress made to simplify the pay rules was limited. As a result, the Dayforce system is being customized. This leads to an estimated additional cost of almost $4 million a year.
Second, more than 233,000 pay transactions remained outstanding. This creates a risk of transferring errors into the new system.
Lastly, the shortened three‑year timetable reduces the time available to clear the backlog and properly prepare departments for the transition. The government will need to keep a watchful eye and make quick decisions as this project moves forward.
[English]
Our second audit concluded that Immigration, Refugees and Citizenship Canada reduced the number of new study permits issued but fell short in other key areas.
In 2024 the department issued just under 150,000 permits, well below the forecast of 350,000. Some provinces, particularly those with smaller populations, were disproportionately affected. For example, Newfoundland and Labrador and Saskatchewan were both expected to see an increase of 10% in approved study permits compared to 2023, but instead experienced a decrease of at least 59%.
While the department introduced a tool to verify acceptance letters from learning institutions, it did not effectively investigate or follow up on high-risk cases. Over 153,000 potential cases of non-compliance with study permits were identified, but the department investigated only a small number.
It also did not pursue 800 cases involving fraud discovered after permits were approved. In most of these cases, individuals went on to apply for other immigration permits while in Canada, and more than half of them have since been approved.
Overall, the department needs to act on the information it has to address integrity concerns in the program.
[Translation]
In terms of Royal Canadian Mounted Police recruitment, the audit concluded that the RCMP failed to recruit enough police officers to meet its needs. The recruitment targets set by the RCMP fell short of the actual needs, and they weren't met. Significant delays in processing applications hampered recruitment. The RCMP missed its target processing time for 97% of the applications. As of September 2025, the RCMP needed at least 3,400 additional officers.
The shortages of front line officers were widespread across Canada, especially in contract and indigenous policing. Vacancy rates were critical in nine of the 11 provinces and territories served by the RCMP. A flexible posting plan attracted thousands of applicants, but exacerbated shortages in some regions. The RCMP must better determine its workforce needs and set targets to meet them.
[English]
Taken together, these three audits highlight the importance of careful planning and timely action to address risks. Without these elements, there can be delays and unintended impacts that stand in the way of positive outcomes for Canada.
We're pleased to answer any questions the committee may have.
Again, thank you very much, Auditor General, for your excellent work.
The system you are referring to in the report today costs Canadians a minimum of $4.2 billion, yet your key finding indicates the need to simplify and standardize pay rules before introducing a new system. It was a core lesson learned from the transition to the Phoenix pay system, yet it's concerning to you, a decade later, that there was little progress made to simplify these rules, and that customizing the new pay system is costing taxpayers an additional $4 million a year. How could this have been avoided?
:
I think that's a great question to ask the Treasury Board Secretariat and Public Services and Procurement Canada.
When we came in here, we were just trying to see whether they had acted on lessons learned, and key areas are simplifying pay rules and standardizing pay processes. We did see one simplification agreed to with unions, but there is a lot of work left to be done. As a result, however, the mitigation measure is to customize Dayforce so that they can avoid pay errors in the future.
I think there need to be efforts by all parties involved to make sure that everyone is being paid accurately and on time. How they go about doing that, I'll leave to the central agencies and the unions. However, it's clear that, if you don't simplify, you need to, at least, customize to make sure pay is accurate.
:
The biggest reason would be the slowness with which they processed applications that they received. It isn't a shortage of interest in the RCMP; only 6% of the applications received over the 30 months of our audit led to an offer to go to basic training. In the case of about 40% of applications, individuals either withdrew their applications or stopped communicating with the RCMP, likely because of the length of time.
The RCMP has a service standard that says an application should be processed in 224 days, and we found that on average it was taking 330 days. Speeding that up will need to be an important step to increasing the number of recruits who can make it through.
The last point I would raise about this is that starting with knowing your needs is essential. Right now, the targets they have set for recruitment are based on how many people they could train, and that falls well short of their actual needs. We believe they need at least 3,400 police officers. They have to think about where their vacancies are and attrition; they have to factor all that in. They're setting a target, but it's just too low for what they need right now.
:
It's a great question. Actually, I had a good conversation with the commissioner around how you adjust this. We identified a couple of areas that we thought might have been contributing to this, one being that a recruiting analyst picks up a file and moves it through the seven steps. Most of or half of those positions are sitting vacant right now, and that would be a contributing factor.
We also talked about how many of the steps are done one after the other, for the most part. There's an opportunity to do them concurrently, but also to do them in a different order, right? Identify where most are being eliminated from the process and see if you can move that up. For example, if the medical or physical exams and security clearances can be moved up, that could probably speed up the process. I think there are a lot of opportunities.
The commissioner has already spoken publicly, I think, about how he has hired a third party to help them work on this. Their goal is to reduce that timeline to six months. If you do that, as we mentioned in our report, make sure that you change the service standard by steps, so you can measure whether your efforts are being successful or not.
:
I think I would highlight the two elements that I've raised already, one being how long it takes to process an application. The majority of frontline police officers come through the contract and indigenous policing business line. They change their focus to really look at the vacancies there, but many of those officers, once they're experienced, move to other areas. When you don't have a clear picture of what your needs are across the entire organization, you're really only targeting to meet the needs of one business line. You're falling short.
There are many elements that have contributed, but the RCMP tried out measures to try to increase that. They put in place a flexible posting plan.
While that posting plan really attracted thousands more applications than they expected, it had an unintended consequence of seeing new police officers pick the province or territory they wanted to work in—the coasts of the country—and then they saw vacancies in the rest of the country increase.
They've since decided to repeal that, to draw it back, but I think this is why it's important to make sure that you measure whether all of your efforts are having the intended impact.
Ms. Hogan, thank you once again for your extremely thorough reports. I would also like to thank your entire team.
Since we're talking about Dayforce today, I would like to give you some background on the issue.
The Phoenix pay system was introduced in 2016. At the time, its estimated cost was $272 million. It ultimately cost around $5 billion. We'll soon be throwing away $5 billion, of which $2 billion was simply used to solve problems. Of course, this is taxpayers' money.
By 2019, we knew that the Phoenix system was flawed and that it wouldn't be the software of the future. The federal government signed a new contract with Dayforce, estimated to cost $57 million. On June 11, Minister announced a $350 million contract with Dayforce for 10 years, with a possible extension to 20 years.
In your report, less than a year later, we see that this cost has already reached $565 million. We're already hearing about another $200 million being spent, bringing the total cost of the project to $4.2 billion.
Is this the correct interpretation of the cost estimate for the federal government's pay systems?
Good morning, colleagues.
I would like to welcome everyone to your Canadian Parliament.
Once again, great reports have been submitted. I would like to thank you and your team, Ms. Hogan.
I'm concerned about one issue. You spoke, for example, about the Dayforce program. It's a sad reminder of the Phoenix disaster. I say “disaster” because tens of thousands or even hundreds of thousands of Canadian families have endured and lived through disasters as a result of Phoenix's mistakes.
Remember that, on two occasions in 2015, before the launch of operations, we slowed down and even stopped production to make sure that everything was running smoothly. However, unfortunately, in February 2016, although we don't really know by whom and when, the green light was given. This led to the ensuing disasters that we know about.
Now, ten years later, we need to rectify the situation. Dayforce basically seeks to simplify and standardize pay rules.
Ms. Hogan, you expressed your concern that, ten years on, only limited progress has been made in simplifying these rules and that it will ultimately cost more.
Why haven't we learned anything in 10 years?
:
Since the transition to the Phoenix system, my office has been auditing the pay system every year during the audit of the Government of Canada's financial statements.
In 2025, we found that the pay of 29% of individuals contained errors. We also found that the source of errors was data entered late or data entry errors in the system. That's why we need to understand that payroll processing is a shared task. Agencies, departments and central agencies are all involved. It isn't just the office.
That's why we need to check the backlog of pay transactions. When all departments and agencies make the transition to the new system, we need to make sure that backlogs and pay errors are completely eliminated. If we make the transition with errors, there will still be errors later on.
I'm also concerned about the fact that the project duration is now three years shorter. I think that the central agencies must manage and mitigate many risks. They need to adapt their plans accordingly.
:
I have about thirty seconds left. I wanted to talk about another good report that you just tabled. It concerns foreign students.
We can see from all this that a great deal of information is being somewhat overlooked. Is this because, naturally, given the challenges posed by immigration and students, many departments work in silos?
We're also talking about a shared responsibility among the federal government, the provinces and even the universities.
Isn't there a better way to combine this? Wouldn't it be better to stop working in silos?
:
Thank you very much, Mr. Chair.
Great job on these reports; thanks so much for your hard work on them.
I'm going to continue talking about pay modernization. There are some indications that departments are on the right track, but you've certainly articulated concerns you have over the shortened timeline, for example, and also balancing priorities of scheduling with pay processes. From your report, I understand that the number of pay transactions older than a year has been reduced by 50% over the last two years, but you've expressed concerns with the pace being adequate enough to address the remaining backlog.
Do you see opportunities to increase pace without sacrificing process integrity?
Ms. Hogan, I'd like to understand the federal government's IT service trends.
An article published in La Presse this week talked about Cúram. I'll read you a quote that goes like this: “As for future costs—for five or six years from now, when the program is completed—I don't have precise figures.” That comment was made by a senior official from Employment and Social Development Canada during a requested technical briefing.
Take, for example, the ArriveCAN program, under which a so-called indigenous company with four employees was awarded contracts worth $330 million. Let's be clear: There was abuse in the way things were done.
Let me get back to Cúram. The initial assessment by government officials was unreliable, and the government has acknowledged that. In other words, the government knew it. It knows that IT projects always run over budget. Ottawa admits this, and it doesn't know how much Cúram will cost. From the outset, cost estimates for IT projects are unreliable, and it lacks the capacity to estimate them accurately. Do you sense a recurring pattern with regard to IT projects in general?
As a result, is it safe to assume that Dayforce might cost well over the $4.2 billion presented today?
:
You're reminding me of several of our audits—not just audits of IT projects—where we've identified significant shortcomings in preliminary cost estimates. It's clear that there are also shortcomings when it comes to IT projects.
I'd like to raise a few points.
Sometimes, preliminary cost estimates are put together very quickly in order to secure funding and then be able to better determine the costs. However, as we saw with Dayforce, significant costs are left out. I would therefore expect to see adjustments. Other times, there is a lack of recognition of the complexity of what is required of a technological tool. Furthermore, requirements often change over time. In fact, ArriveCAN is a good example: During the pandemic, border measures changed frequently.
That said, these are all factors that contribute to the complexity. Nevertheless, it's still important to consider the overall picture from the start. This is a shortcoming we often see in projects in general.
:
Thank you, everybody, for attending today. Thank you for your very detailed reports.
I'll be starting on the international student program reforms.
Between 2023 and 2024, we had 153,000 students who were identified as “potentially non-compliant”. In your report, you stated that, because of budget issues, only 2,000 were able to be looked at annually, so a total of 4,000-and-change cases were looked at.
To my understanding, then, roughly 149,000 potentially non-compliant cases were not looked at. Is that correct?
:
I believe there's a bit of a romantic feeling towards our RCMP among the general public, but I don't think they necessarily agree with all of our bureaucratic problems that we might have going forward.
At the back of your report, there are a lot of recommendations, and then there are responses from the RCMP. Almost every single one of them says that they agree and they're going to do something in this regard or they're going to try to fix it.
Are their words going to match their actions when they didn't set out these goals?
Didn't you say earlier that when they came up with their goals as to how many people...? We have this massive shortage in recruitment of officers. Their goals were not to fill those positions that we figured they need but to recruit the number they could train.
:
I think it's in everyone's best interest to make sure public servants are paid on time and accurately. How the government goes about doing that, to simplify payrolls, is up to them. Right now, it is trying to work with the unions to negotiate and figure that out.
There was one element that was worked on, and they're still working on other simplifications. A memorandum of understanding was signed between Treasury Board and the unions so that this can even be done between collective bargaining. I think everyone's goal is to just try to avoid many pay errors once we move to the new system.
I think it's definitely a great question for Treasury Board. I can't tell you why it's slowed down, but they have made limited change, and, as a result, customization is needed, which comes with an annual cost.
:
Welcome back, everyone.
[Translation]
Pursuant to the referral order from Monday, February 9, the committee resumes consideration of Bill , an act to amend the Financial Administration Act and other acts in consequence (waiver of claims register).
[English]
We have officials here today to answer any questions members might have during clause-by-clause consideration.
First, from the Canada Revenue Agency, we have Isabelle Brault, director general, legislative policy directorate, legislative policy and regulatory affairs branch. We have Jennifer Boudens, acting director general, finance and administration branch. We have Charly Norris, acting director general, collections and verification branch.
From the Treasury Board Secretariat, we have Tomasz Popiel, senior director, financial management policy, and Ralphe Jabbour, director, financial management policy.
From the Department of Finance, we have Lauchlin MacEachern—that's a very Maritimes name—acting director general, legislation, tax policy branch.
Welcome, and thank you for coming in today and lending us your views and expertise if they are called upon.
I'd like to provide members of the committee with a few comments on how committees proceed with the clause-by-clause consideration of a bill.
As the name indicates, this is an examination of all the clauses in the order in which they appear in the bill. I will call each clause successively, and each clause is subject to debate and a vote. If there are any amendments to the clause in question, I will recognize the member proposing it, who may explain it. I think that should be “will explain it,” because I'm sure every member will be speaking to them to enlighten the other members.
The amendment, of course, will be open for debate. When no further members wish to intervene, the amendment will be voted on. Amendments will be considered in the order in which they appear in the package each member received from the clerk.
Since this is a first exercise for many new members, I'll go slowly to allow all members to follow the proceedings properly. If we get it done today, great. If not, I have scheduled time after the Easter recess.
Each amendment has been given a number in the top right corner on each page to indicate which party submitted it. During debate on an amendment, members are permitted to move subamendments. When a subamendment is moved, it is voted on first. Then, another subamendment may be moved, or the committee may consider the main amendment and vote on it.
I thank the members for their attention and wish everyone a productive clause-by-clause consideration of Bill .
(On clause 1)
The Chair: I am first going to call clause 1. The terminology is a little different here from when we look at reports.
G-1 is the first amendment, and I believe Mr. Turnbull will be moving that and may speak to it.
It's good to be here with my colleagues.
Congratulations to Mr. Chambers on a private member's bill that I think will make a contribution to transparency in Canada. I think, with some amendments that the government has proposed, we're prepared to reasonably debate them and support the bill. I want to start by just giving kudos. It's a big deal when you have a private member's bill; you propose something and you get the parties working together. It's really what this place is supposed to be about. It's really great to see Mr. Chambers making a contribution.
I move amendment G-1, which is that Bill , in clause 1, be amended (a) by replacing line 8 on page 1 with the following:
online, searchable database containing information relating to
Then, (b) by replacing line 10 on page 1 with the following:
pany or partnership to His Majesty — and to any claim by
I assume “pany” is the tail end of “company”.
Then, (c) by replacing lines 12 to 18 on page 1 with the following:
partnership — that was, in whole or in part, remitted, forgiven, written off or waived, under this or any other Act of Parliament, in an amount of $5,000,000 or more.
I think Mr. Chambers' original intent was to set the threshold at $1 million. The government has thought about this and feels, I think, strongly that a $5-million threshold would align with the principle of materiality, which is to reduce administrative burden and focus on what matters. These are higher profile deletions than just $1 million.
It makes sure that SMEs don't get caught up in this. An SME that earns $2 million a year, doesn't file their taxes, gets behind on things and, perhaps, goes out of business, is not necessarily the target for this. Obviously, we can debate that.
I think a $5-million threshold would also align with best practices in the G7 and the OECD peers. Again, it would potentially reduce risk of small to medium-sized enterprises getting captured in the registry.
For those reasons, we're suggesting raising the threshold to $5 million, and we hope that we'll get the support of all members on the committee.
There is a clerical note that is important.
[Translation]
This applies to you too, Mr. Lemire.
[English]
I want to be very clear on this. If G-1 is adopted, the next amendment, BQ-1, cannot be moved due to a line conflict.
As House of Commons Procedure and Practice, fourth edition, states in section 16.71:
Once a line of a clause has been amended by the committee, it cannot be further amended by a subsequent amendment as a given line may be amended only once.
There are two amendments that this could impact right off the bat. I just want to make sure everyone is clear on that; it might determine how you vote. If this amendment is passed by the committee, we will then not deal with BQ-1.
The debate is now open. Are there any speakers to Mr. Turnbull's G-1?
Go ahead, Mr. Chambers.
:
Thank you, Mr. Chair. I appreciate the perspective as well. I think this is a first for the committee, so I appreciate your going slowly.
I welcome the suggestions from the government, of course, but just to give some additional context, the $1-million threshold was intended to be easy to communicate. That was number one. Number two was to not produce a list that was thousands of names long, but in the low hundreds.
In an effort to be reasonable, I think there's probably a middle ground, I'll call it, at a threshold of $2 million. I looked at previous years, and that list could be anywhere from about 100 to 150 names long, as I understand it. To me, that's not an unreasonable number of entities. While I still think there are arguments to lower the threshold, I recognize that there is materiality.
However, at the end of the day, if an entity, no matter whether they're large or small, does trigger the threshold, I think it's an important measure of public transparency for this information to be known to taxpayers and effectively also to parliamentarians, so while I would strongly prefer to keep a $1-million threshold, I do think that in an effort to be collaborative with the government and to understand where they're coming from, I'd be open to considering something slightly less than $5 million.
:
I'm hearing agreement. Is it agreed that the subamendment at the $2-million threshold is passed and approved?
Some hon. members: Agreed.
(Subamendment agreed to)
The Chair: Now we're back to G-1 as amended, at the $2-million threshold.
(Amendment as amended agreed to [See Minutes of Proceedings])
The Chair: Now we're turning to G-2.
Mr. Turnbull, I'll recognize you again.
Do I understand correctly that BQ-1 had a line conflict, so it was not admissible?
Okay. Thank you very much.
I will move the following amendment. It's G-2 in your package.
The amendment is that Bill , in clause 1, be amended by replacing line 22 on page 1 to line 7 on page 2 with the following:
poration, trust company or partnership;
(b) the amount that was remitted, forgiven, written off or waived;
(c) an indication of whether the debt, obligation or claim was remitted, forgiven, written off or waived;
(d) the fiscal year in which the debt obligation or claim was remitted, forgiven, written off or waived;
(e) the Act of Parliament or agreement, arrangement, contract or other instrument or act under which the debt, obligation or claim arose;
(f) the Act of Parliament under which the debt, obligation or claim was remitted, forgiven, written off or waived; and
(g) any other information that the President of the Treasury Board considers appropriate.
If I may, I'll just motivate this a little bit with some supporting arguments.
I think this adds more information to the proposed registry. It increases transparency. I think it reduces the risk of misinterpretation. It adds clarity.
I'm always conscious of what we disclose to the public and how they may interpret it. In this case, I think including the amount; an indication of whether the debt, obligation or claim was remitted, forgiven, written off or waived; the fiscal year in which it was written off, forgiven or waived; the act of Parliament under which the claim arose; and so on and so forth actually adds significant clarity to the information that we're opening up to the public.
For those reasons, I hope that members will support the amendment.
:
Thank you, Chair. I'll move this amendment as well.
It is that Bill , in clause 1, be amended by adding after line 7 on page 2 the following:
(3) Despite subsection (2), the President of the Treasury Board may exclude from the registry any information that, in their opinion, would be inappropriate to make publicly accessible for reasons related to the protection of confidential, personal or sensitive information.
Establishment of registry
(4) The registry must be established within 18 months after the day on which this section comes into force and, on the day that it is established, must include information relating to each debt, obligation or claim referred to in subsection (1) that was remitted, forgiven, written off or waived—after the day on which this section comes into force—during the fiscal year to which the Public Accounts most recently tabled in the House of Commons relate.
(5) Within 90 days after the day on which the Public Accounts are tabled in the House of Commons, the President of the Treasury Board must update the registry to include information relating to each debt, obligation or claim referred to in subsection (1) that was remitted, forgiven, written off or waived during the fiscal year to which the tabled Public Accounts relate.
(6) For greater certainty, for the purposes of this section, a debt or obligation owed to a Crown corporation is not a debt or obligation owed to His Majesty and a claim by a Crown corporation is not a claim by His Majesty.
Maybe I'll just make a couple of points.
I know Mr. Lemire and the Bloc had an amendment and some concerns when it came to confidentiality and privacy. I think the government shares some of those concerns, and this is our remedy.
What we've done is asked to not include Crown corporations and to be completely clear that they don't owe debts to the Crown and therefore would not be included. The amendments also are designed to reduce any legal privacy or commercial risks associated with the creation of the public registry from an infringement of privacy and confidentiality.
Amendments related to prospective applications are designed to ensure the registry deals only with debts deleted after the coming into force of the provision. Amendments related to timing and frequency establish a timeline for implementation and auditing.
Those are some of the reasons we think this is the right way forward, notwithstanding some concerns that Mr. Chambers expressed to me. I can assure him that the President of the Treasury Board would not, without good reason, redact or withhold information from the registry. It's only to protect confidential, personal and sensitive information, such as when a partner is named in a partnership, that the information could be disclosed through naming the company.
I can think of some good reasons that some information would need to be withheld from time to time from this registry, but only insofar as we need to protect individual citizens and their confidentiality, and they have that right. We all take seriously the responsibility that sensitive information, personal information, should not be disclosed through a public registry, because those individuals could then be targeted. I wouldn't want to see people targeted unnecessarily, or harmed or put in harm's way by something that is a very good initiative to increase transparency when it comes to deleted, waived or written-off debts or obligations.
Thanks very much. I hope we'll have your support.
:
Thanks very much, Mr. Chair.
I just want to point out that we did receive a letter from the Privacy Commissioner that expressed no major concerns, but there was a minor concern with respect to a point of uncertainty in proposed paragraph 25.1(2)(e), which talks about including in the registry “any other information that the President of the Treasury Board may require.”
The Privacy Commissioner expressed some concern about not having enough information or context about what information could be requested pursuant to that paragraph. I'm wondering if anyone here could comment on that and how far that request, or the nature of the information requested, could extend.
The is, by necessity, also a political actor. That said, I still have some reservations regarding confidentiality, because the proposed provision is very broad. I am still considering whether to include it. The Privacy Commissioner does not see that many problems with the bill.
In my view, there is an interesting issue here. If I put myself in the taxpayer’s shoes, I can see that the aim is to prevent large companies from benefiting from debt forgiveness. We’ve all been struck by the cases of Chrysler and General Motors.
I’m not sure whether my question is directed more at the motion’s sponsor or at the witnesses. In the case we’ve experienced, could the disclosure of the names of Chrysler and General Motors have been avoided on grounds of confidentiality if the President of the Treasury Board had seen a competitive advantage, if it were part of a strategic contract, or if certain elements could have been politically damaging to the government? I don’t want to go through what we saw with the Stellantis, Volkswagen and Honda contracts. These are examples of situations where the government didn't want to disclose the contracts for reasons that seem obvious to me.
In such a case, might the government want to cover up elements that are politically disadvantageous because the contract did not deliver the expected benefits, thereby avoiding accountability to the public? I have reservations about that. Could the Chrysler and General Motors cases have been made public if this amendment had been adopted earlier?
What's hard for me to determine, off the top, is exactly what is required in terms of the naming in the registry. The language in the amendment suggests, to me, that it wouldn't be an arbitrary decision. There are definitions of what is confidential, personal and sensitive information, but I'd like to ask the officials to perhaps clarify whether my interpretation is correct here.
I hear what you're saying. You're basically asking how we protect against whatever political party happens to be in power from appointing a president of the Treasury Board who withholds information from this registry. It's a good question.
Could the officials speak to it? I'm not sure who's most appropriate, but I'll let you take the question. Is it possible that the President of the Treasury Board could make an arbitrary decision to exclude information here, based on definitions that are embedded in law already that would indicate what counts as protection of confidential, personal and sensitive information?
:
I can add that the exception is discretionary and targeted, not a blanket exception.
You used the word “arbitrary”. I wouldn't say that it can be arbitrarily used. For example, there might be situations involving national security as well in which names would have to be withheld.
I would add that the exception applies only when publication would be inappropriate—that's the scope in the bill—due to confidentiality or personal or sensitive information, and the default remains disclosure.
It is not possible to anticipate every sensitive scenario in legislation. This exception provides for cases that cannot be exhaustively defined in legislation and provides some ability to not disclose sensitive information. The authority would rest with the President of the Treasury Board. This would ensure that there is a clearly accountable individual available for any decision made, while allowing for consistent application across government. Of course, the decision remains subject to parliamentary and public scrutiny.
I would further add that we do have the full disclosure of information through the public accounts. It is at an aggregate level, but that further second set of information in aggregate is available as well.
I know that we have legislation that protects private information in Canada. I worked on it when I was a parliamentary secretary to the minister for industry. We tried to update it; unfortunately, we weren't able to do that to the degree that we would have liked.
The point is that I know that there are definitions of private information and confidential information embedded in that act, which is PIPEDA for short.
I would suggest that it's very clear to me and common sense and well known here that there are some pretty rigorous definitions of what those terms mean that protect against arbitrarily using this to just redact or withhold all kinds of information from the registry.
Perhaps a couple of questions would be helpful in order to form an opinion.
The sole basis for holding some information off the registry could not be solely the Income Tax Act, because we are amending section 241 of the Income Tax Act to make it permissible to disclose information. Do I understand that correctly?
I do. Okay, thank you.
It's because a letter from the Privacy Commissioner was brought up. I'll summarize it to some degree. After the review, the quote says, “...my Office is therefore of the view that potential impacts to privacy, if any at all, would be minor.”
I read that to mean that if there is a proposal or a desire to withhold some information, the reason to do so would have to be over and above the fact that there would be private information disclosed. Is that a fair assessment?
When we reviewed the bill, for example, we talked about how every corporation has a registry, whether it's federally registered or provincially registered, and that you could uncover the directors and in some cases the shareholders of those corporations by just searching the corporate name. Therefore, publishing a corporate name in the registry, on its face, is not a violation of privacy.
I just want to make sure that I'm understanding that correctly.
:
Mr. Chambers, let me clarify. It's a long precedent. We've had the law clerk in here on several occasions to remind and inform committee members, as well as parliamentarians, of the unfettered right that committee parliamentarians have, through the committee, to call for any documents from the Government of Canada.
We've had some debates on that. This committee has managed to come to consensus around it, either in public or in camera, but of course committees do have that unfettered right to do so, and that would remain. The challenge, of course, would be knowing what to ask.
I take the point that's being raised, as I suppose you could deduce from the Public Accounts, volume III, the gross amount with whatever was redacted or made public and determine if there is a large number that's unaccounted for. It obviously would be better to have a line that at least indicated that there was an amount that was publicly available, without a name, just to give us a sense of what was going on behind the scene.
:
If I may, I believe that it is reasonable to request some discretion on disclosure, for a whole bunch of different reasons, and I don't think we need to envision all of them today.
If there were some acknowledgement—and I don't enjoy and I don't think we should try drafting this on the fly—or an ability for the government to indicate the number of entities that meet the threshold, which in theory is available today through Order Paper questions, etc., so that there would be an ability for parliamentarians to understand how many redactions have been made from the registry, right...? If we agree that we can get the number of entities that are meeting the threshold and we have the registry, then in theory someone can figure out whether there's been a redaction. If we can get some agreement that the information is readily available, I'm open to providing some discretion, but that we underscore that the default is to disclose, which I think we've heard, which is good.
I'm open to suggestions on that from my colleagues or the government. I just think it would be important for parliamentarians to know when a redaction is made, which would then provide the ability to hold that decision-maker accountable. I don't know if that needs to be written in legislation, but some agreement would be helpful on that front.
:
In that same vein, there are indeed some things that concern me. If a name is excluded from the registry, will it be redacted, struck out, or simply removed? We have absolutely no idea. We don’t even know when a name is removed.
I propose that we still allow people to see that a name has been redacted, and to see the reason why it was redacted.
I'm comfortable with the confidential, personal or sensitive nature of the information being considered a valid reason. In this context, national security was cited as the reason in the cases of Stellantis, Honda and Volkswagen. We must ensure that we do not simply remove the name and shift the columns, effectively making it appear as though this claim never existed.
Is there a way to make sure that the name isn't removed, but rather redacted with justification?
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I was going to make a comment. I don't know if I have an answer to that.
This is similar to the point Mr. Lemire just made. I assumed, when reading this bill and the amendments we were proposing, that there would be very few cases in this registry with no information provided at all. You heard the officials say it could be in part or in whole, so I guess that raises the concern.
In my mind, if there were to be information disclosed, then there would be a line item in the registry. I could envision the name, but maybe the name is occasionally redacted for a good reason. I don't know. I think that the name is probably the least likely.... Maybe I'm wrong on that, so I'll just leave that for a moment.
The point is that you have a line item, no matter what, with disclosed information, and anything missing has obviously been redacted. If there is an empty line item, it would imply that there was a redaction of a whole line in the registry. That would give you some clarity on how much has been redacted and where, specifically. It answers the question. It's not like a blackout redaction, but I think it's the same thing. It would be an empty field in the registry itself.
I'm wondering if that is implied by the legislation and the proposed amendments we're discussing.
It's hard for me to determine that without asking the officials here.
Is that your understanding? If a name happens not to be disclosed for sensitive reasons, or if personal or confidential information is withheld from the registry, I assume that there would still be an entry. The amount would be there, and other required information that we've added here would be disclosed. You would have only a line item without a name.
I'm sure we can envision other cases where the name may be included but other information may not be disclosed.
:
I'm not moving a subamendment.
This is regarding proposed subsection (3) where it says:
Despite subsection (2), the President of the Treasury Board may exclude from the registry any information
To me, “exclude” is like “delete”. As Mr. Lemire mentioned, if the word “exclude” was “redact”, that implies to me that information is still in the registry. It is blacked out, but there is, in theory, an entry. That probably gets you what you're looking for.
This is for the officials. If the word “exclude” became “redact”, would it effectively mean being blacked out on a screen versus being unsure of whether there was an entry there at all?
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What I was proposing, I think, amounts to the same thing. Maybe you disagree, but this is a table with columns of information that are labelled. If there is an input field under one of the criteria in one of the columns, it's empty. That means there's been a redaction, because all the information is required to be disclosed by default. Essentially, as long as we clarify that all of the missing information has to be identifiable.... I think that's the issue here. We want anything that's been redacted or not disclosed to be identifiable.
You're suggesting, Mr. Chair, that perhaps it say “redacted” in that input field, but I am saying that if it's empty, then it has actually been redacted. The only exception to that could be in cases where they don't have the information, but I think that's going to be almost impossible, given the limited scope of this.
Perhaps in our proceedings today we can give direction to the CRA that we all agree unanimously that all input fields have to be included and that information not provided means there was a redaction. Then I think we're good. That would be my humble suggestion. Again, I realize it's the will of the committee, Mr. Chair.
[English]
I see the time. I'm going to bring this meeting to a conclusion. This will give parties an opportunity to discuss this a little bit further. I don't see an impasse here, but by the time we suspend, agree to language and get it translated, we'll be well past our time.
With the committee's permission, I will adjourn this meeting. I'll have parties work on this, and we'll come back and pick this up with Mr. Lemire, likely with a subamendment to the amendment.
Mr. McKinnon.
[English]
Mr. Deltell has put us on notice. That is the issue I was talking to some of the government members about: how we are going to proceed with that.
I have a couple of decisions to make on Wednesday.
Mr. Chambers, I might have you back here on Wednesday to try to resolve this in conjunction with Mr. Deltell.
For now, I'm going to adjourn this meeting and sort this scheduling out with the clerk. You'll be notified as soon as possible.
This meeting is adjourned. Thank you.