5 loopholes in the new
Federal Accountability Act
BY Stacey Lee Kong
Photography by Reuters: Tom Hanson
The Conservatives claim Bill C-2, the Federal Accountability Act, means the Canadian government has been cleaned up. Not quite. In November 2005, Harper promised that, if elected, the Conservatives would pass an accountability act with 52 measures necessary to keep governments honest. But when the act passed late last year, it contained only 30 measures. And the slimmed-down version is full of loopholes—57 of them, according to Ottawa-based Democracy Watch. Here are some from the watchdog’s list that are worth noting:
Lying
The Conservatives cut five rules from the old conflict of interest code, which has been amalgamated into the Federal Accountability Act. One of the nixed rules required the prime minister, cabinet ministers and senior government officials to “act with honesty”—meaning that politicians are now technically allowed to deceive.
Lobbying
No part of the act requires ministers to disclose contact with lobbyists, even though the Conservatives promised Bill C-2 would put an end to backroom lobbying.
Secrecy
The Conservative government promised to ensure that disclosure requirements of the Access to Information Act would not be trumped by secrecy provisions in other federal acts, but hasn’t followed through. This means it is allowed to withhold public information in the interest of national security.
Conflict of interest
Cabinet ministers are still allowed to be involved in policymaking decisions that affect their personal financial interests, due to the removal of five rules from the conflict of interest code, including one that that requires those in public office to avoid “real, potential or apparent conflicts of interest.”
Whistle-blowing
The Conservatives promised that all Canadians who report government wrongdoing would be protected from harm, but Bill C-2 disappoints again. While most—but not all—government employees are protected under the law, civilians are left no legal recourse if fired, demoted, sued or otherwise harassed by employers should they report on shady dealings with a government agency.
