Tag Archives: National Securities Regulator

Roundup: A big reduction in GHGs from steel

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You can tell that the pandemic is subsiding because politicians are starting to travel again — and more to the point, the prime minister and Cabinet members are starting to spread out across the country in order to start making funding announcements. Naturally, this is immediately being billed as election speculation, never mind that this happens every year once the House of Commons rises, and that there is certainly a pent-up desire on the part of government to be back in the spotlight doing these kinds of announcements. (But seriously, let’s ban the phrase “campaign-style” from news copy).

The major announcement yesterday was announcing $420 million in fully repayable loans to Algoma Steel to move away from coal-fired production to electric-arc production, which aims to reduce as much as 300 million tonnes of GHGs from their process every year, which is huge. Steel and cement are some of the biggest producers and some of the toughest to achieve GHG reductions with, so this is a fairly substantial announcement that will have a meaningful impact when it comes to reducing Ontario’s emissions.

https://twitter.com/MikePMoffatt/status/1412085236264013825

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Heather Scoffield, meanwhile, complains that while the announcement sounds good on its face, too many of the details are obscured and not made transparent, so we don’t know if it’s really a good deal for Canadians or not — though I will note that Power & Politics interviewed one of the Algoma executives who said that some the details around who much of the loan could be forgiven if carbon reduction targets were met are still being negotiated, so perhaps the rest of those details will be made public once they are finalised.

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QP: Security breach and securities regulators

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While the prime minister was off to the G7 meeting in the UK, the only Liberal in the Chamber was Francis Drouin, though Mark Gerretsen would replace him later in the hour. Erin O’Toole led off, accusing the government of hiding a security breach at the National Microbiology Lab. Jennifer O’Connell warned that O’Toole was playing a dangerous game, and that redacted documents were provided to the Canada-China committee and the unredacted documents went to NSICOP. O’Toole accused her of participating in a cover-up, and O’Connell accused O’Toole of not caring about national security. O’Toole scoffed, noting his military service, and worried there was a Chinese “infiltration” at the Lab, which O’Connell countered with a prof at the Royal Military College praising NSICOP. O’Toole then repeated his first question in French, got the same answer as before, adding that she used to be a member of NSICOP so she could vouch for its security. O’Toole repeated his allegation of a cover-up in French, and O’Connell, exasperated, noted that she wasn’t sure how many more times she could say that they turned over the documents in the appropriate way.

Alain Therrien led for the Bloc, accusing the government of trying to create a new pan-Canadian securities regulator which Quebec opposed. Sean Fraser noted that the office cooperated voluntarily with provinces. Therrien tried again, and Fraser repeated that Quebec was not bound to work with that office.

Alexandre Boulerice rose for the NDP, and he condescended to the government about the WE Imbroglio, and demanded that the government respect the Ethics committee’s report. Bardish Chagger thanked the committee for the work, but accused them of being more interested in partisan games. Charlie Angus then repeated the demand in English with added sanctimony and stretched the credulity of the allegations, and Pablo Rodriguez batted away the insinuations.

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Senate QP: Bland assurances from Morneau (part eleventy)

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Things got underway a few minutes early, as finance minister Bill Morneau arrived in the Senate for what promised to be a day full of pointed questions and pabulum answers – Morneau’s particular specialty. Senator Larry Smith led off, asking about the $9.5 billion budgeted in the fiscal update for “non-announced measures,” and Morneau responded with bland assurances about getting the right balance in the budget. Smith noted that he didn’t actually answer the question and that they needed to hold government to account, to which Morneau said quite right, but again didn’t answer, and offered more pabulum talking points about dealing with challenges while still trending the deficit downward.

Senator Batters was up next, and brought up the PM’s comments on social impacts of male construction workers to rural areas, citing that she only sees benefits. Morneau first cited that they look at employment on projects, and then noted gender-based lens for impacts, but didn’t elaborate on the construction worker issue.

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Roundup: A diminishing vision of a regulator

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The Supreme Court of Canada returned their reference decision on the constitutionality of the proposed national securities regulator yesterday, and it was a unanimous green light – because this is a voluntary system, it’s constitutional. You may recall that a previous attempt to create such a national regulator to be imposed by the federal government was found to be unconstitutional, and lo, it didn’t happen. When the previous Conservative government constructed this new voluntary model, Quebec appealed to the SCC, and as we can see, didn’t win the day. And even with this decision, Quebec still says they’re still going to stick with their provincial regulator, thank you very much, and that’s that.

There are a few things to think about in this decision, and in the system as it’s being designed. One of them is that part of the mechanism that makes it acceptable to the Supreme Court is that the regulatory authority is being delegated to a council of ministers, but that may come with more challenges. Because the wait for this decision essentially stalled the work of the new regulatory body, it remains to be seen as to how long it will take to get the new system up and running.

While Andrew Coyne makes the point that this system really makes no sense because it’s not able to deal with the issue of systemic risk, it may be worse than that. I wrote about this proposal for Law Times back in the spring, and even proponents of the national regulator had started to sour on the concept because the proposed system as it was being built essentially let provinces maintain their own particular carve-outs, which increases the complexity and reduces the uniformity of the system across the country. Even more alarming, according to one lawyer I spoke with, is the fact that this sets up a system that is unaccountable, that makes up and enforces its own rules and is self-funding, which seems to go against most good governance norms. So we’ll see where this goes, but the final result certainly looks to be far less than what was initially promised.

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Roundup: Cabinet confidences for slogans

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In case you wanted to know why the government has chosen the slogan “Strong Proud Free” on their new ad campaigns that blur the partisan line, well, good luck, You see, they’ve been declared a cabinet confidence, which means that they’ll be sealed for twenty years. Ladies and gentlemen, the most open and transparent government in the history of ever! It’s one of those cases where one hopes that The Canadian Press will file a complaint with the Information Commissioner, because then there’s a chance that she’ll be able to actually examine the file (eventually – she’s a bit overloaded and has little operating budget left) to test whether it really should be a cabinet confidence, and if not, she can work what powers she does possess to get it released (though that is likely to mean going to court given the current sad state of Access to Information legislation). Elsewhere, a court case involving misconduct of the RCMP protection detail of the Prime Minister is looking to get the records in question sealed, apparently using clauses from terrorism trials, to keep information about the PM’s family private. While there is likely some reason to keep certain details private, and We The Media are generally reluctant to drag a politician’s family though the mud, RCMP misconduct is serious business and probably shouldn’t be kept behind closed doors for the very reasons why there have been problems in the Force for so long. Sunlight, generally, is the best disinfectant. But it’s not all bad news for Access to Information – a Federal Court judge ruled that government departments can’t charge fees for requested electronic documents, as they have been trying to do, as that undermines the very point of the Access laws in the first place, which are supposed to cost no more than $5, and it’s not like you’re photocopying or printing these documents – they’re already electronic. In all, however, it points to the genuine need to modernise the system, and this government just voted down a chance to do just that when they killed Justin Trudeau’s private member’s bill on doing just that.

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Roundup: Defending Goguen, unbelievably

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The former trafficked prostitute that Robert Goguen asked that braindead question to the other day at committee was out defending him and his awful, aren’t-I-clever straw man of a question to the press, saying that she refused to let him apologise, and accused the media of basically inventing a controversy. It’s utterly unbelievable. Meanwhile, one of the architects of the Sweden’s “Nordic model” has said that the proposed Canadian law won’t stand up to the Charter, in particular because of the portions that still criminalise the sex workers, such as if they are working at a place where children could be present. (And on a side note, there are no credible studies that show there to be a real decline in prostitution in Sweden, as the figures that show a decline are mostly police stats, which don’t capture how it’s been pushed further underground). Here’s a look at seven of the voices we’ve heard so far in the prostitution bill hearings at the Commons justice committee, from all ends of the spectrum. Of course, there has been plenty of testimony from women who have been victimized terribly, but little of it seems relevant to the bill because what they suffered is already illegal and not actually the scope of what the bill is supposed to be achieving, thus further muddying the waters.

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Roundup: Conservative senators see looming crisis

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Wouldn’t you know it, but Conservative senators are pressuring Stephen Harper to start making some new Senate appointments as the current number of vacancies is at eleven, and will be at 17 by the end of the year – almost a fifth of the Chamber. The lack of membership means committees are starting to be affected, and provinces are losing a good portion of their representation, which is a problem. And despite what Hugh Segal says, the Prime Minister actually does have a constitutional obligation to make appointments, and if he doesn’t, he risks triggering a constitutional crisis because he would be in breach of his duties. He certainly has options when it comes to how he makes appointments, especially because of the cloud he’s put himself under by making irresponsible choices in the past (because he was petulant and refused to make appointments until his hand was forced, it should be said), but they need to be made, sooner than later. I did hear from some sources that with the Supreme Court appointment issue out of the way, he could spend the summer making Senate appointments, but I guess we’ll see if that bears fruit. I recently wrote about this very looming crisis here.

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QP: The authorities always seek warrants — really!

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On a rainy day, after the various caucuses met, MPs gathered in the House for our daily exercise in government accountability. Of note, it was also Stephen Harper’s 55th birthday, not that anyone expected the opposition to go easy on him because of it. Thomas Mulcair led off and sharply asked who authorized the release of that telecom data of a million Canadians. Harper said that he rejected the premise of the question and assured him that agencies follow the rules and get warrants. Mulcair pressed, but Harper reiterated that they get warrants and that there is legislation before the House to modernize investigative tools. Mulcair insisted that the legislation would exculpate the need for warrants, to which Harper once again reiterated that agencies get warrants when needed. (That might be the key, given that they don’t seem to need them if they get the data for the asking). Mulcair wondered what information the government was seeking, and which telecom companies were cooperating. Harper said that it was not the government seeking the data, but law enforcement agencies, and that there was independent oversight. Justin Trudeau was up next, and brought up the Temporary Foreign Workers intakes for areas which don’t seem to need them, to which Harper gave his usual bland assurances that they had created jobs and they were reviewing the programme. Trudeau reminded him that five years ago, Sheila Fraser warned of the low quality of Labour Market Opinions that were open to abuse, but Harper stuck to his talking points, same again when the question was asked in French, adding that Trudeau himself had asked for a permit for his riding.

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QP: Detouring to mention the Auditor General

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Despite the fact that the Auditor General delivered his fall report earlier this morning, as did the Correctional Investigator, it was unlikely either of those would be mentioned anytime before round three. All three leaders were in the Chamber, and there were ClusterDuff questions to be asked. Thomas Mulcair surprised me by bringing up the report chapter on rail safety first thing, to which Harper insisted that the report showed that the system was working overall. Mulcair brought up the chapter on food safety, but Harper again insisted that it wasn’t an accurate reflection, and then read an outside quote about how great things were. Mulcair demanded that the government listen and act on the AG’s recommendations rather than just saying that they agreed. Harper insisted that they always act on the AG’s recommendations. And then it was back to the ClusterDuff — was anyone else being sanctioned for their activities? Harper said he wasn’t going to interfere with the RCMP investigation, and when Mulcair insisted that others be fired, Harper returned to his line about throwing mud and losing ground. Justin Trudeau asked why Senator Gerstein was in caucus and chief fundraiser if was involved in the Wright affairs. Harper insisted that only two people were under investigation. Trudeau brought up Gerstein’s attempt to influence the Deloitte audit, but Harper ignored that and spoke about an improperly reported gift between Wright and Duffy. Trudeau retorted with a dig about Harper losing 40 percent of his vote share last night before wondering why Harper still trusted Gerstein — but Harper shrugged it off and said that the public doesn’t agree with the Liberals when they protect senators.

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QP: The only two individuals in question

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Some two hours before QP got underway, the news hit the wires — that Nigel Wright was being charged by the RCMP for breach of trust, and a raft of documents was released that showed just how much Wright and the PMO were trying to stage-manage things in the Senate. Add to that, all of the major party leaders were in the House, so it was going to be an explosive day. When QP began, Thomas Mulcair started by asking if Harper wanted to change any of the testimony that he had given on the ClusterDuff scandal so far. Harper responded that he had been clear, and the charges showed that it was indeed Duffy and Wright were the individuals involved. Mulcair pointed to the documents that Harper was aware of the payment, but Harper insisted that he only knew that Duffy said that he was going to repay the expenses but didn’t know the details. Mulcair wondered what Harper had approved, but Harper read from the same documents to show that he wasn’t informed. Mulcair wondered what “good to go” referred to in the documents, but Harper reiterated that he thought that Duffy was going to repay his own expenses. Mulcair closed his first round by asking about the statement that he wasn’t aware when the documents showed that Wright went to him for approval. Harper continued to repeat the line that he only knew that Duffy agreed to repay his expenses. Trudeau was up next, and wondered if the Prime Minister still believed that he had no responsibility for the corruption in his own office. Harper insisted that the documents proved it was limited to the two individuals. Trudeau reiterated his call that the Prime Minister testify under oath, but Harper repeated the same line. Trudeau invoked Brent Rathgeber’s statement that the party had become what they once mocked — to which Rathgeber shrugged — and demanded Harper tell the truth. Harper responded that it was Liberal senators who voted not to punish those embattled senators, and threw in a China dig in there as well.

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